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2026 DAILYLAW 42981 (KAR)

M/S.NILE ENGINEERS AND DEVELOPERS v. H. VENKATESH REDDY

WP/28636/2026 · 2026-09-23

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010629022026 NC: 2026:KHC:52638 WP No. 28636 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28636 OF 2026 (GM-CPC) BETWEEN: 1. M/S. NILE ENGINEERS AND DEVELOPERS A PROPRIETORSHIP CONCERN, REP. BY ITS SOLE PROPRIETOR, MOHAMMAD NAZEER AHMED, S/O. JANAB MOHAMMAD HAYATH SAHEB, AGED ABOUT 76 YEARS, CURRENTLY RESIDING AT NO.3134, SOBHA SILICON OASIS, HOSA ROAD, BENGALURU 560 100. 2. MOHAMMAD NAZEER AHMED S/O JANAB MOHAMMAD HAYATH SAHEB, AGED ABOUT 76 YEARS, CURRENTLY RESIDING AT NO.3134, SOBHA SILICON OASIS, HOSA ROAD, BENGALURU 560 100. 3. NAHIDA KHANUM W/O MOHAMMAD NAZEER AHMED, AGED ABOUT 58 YEARS, CURRENTLY RESIDING AT NO.3134, SOBHA SILICON OASIS, HOSA ROAD, BENGALURU 560 100. …PETITIONERS (BY SRI. NANDISH PATIL, ADVOCATE) AND: Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010629022026 NC: 2026:KHC:52638 WP No. 28636 of 2026 1. H. VENKATESH REDDY S/O. HANUMAPPA, AGED ABOUT 73 YEARS, RESIDING AT 2118, 14TH CROSS, NEAR GANESH TEMPLE, AECS LAYOUT, SINGASANDRA, BENGALURU - 560 068. 2. ASHWATHAMMA W/O. VENKATESH REDDY, AGED ABOUT 63 YEARS, RESIDING AT 2118, 14TH CROSS, NEAR GANESH TEMPLE, AECS LAYOUT, SINGASANDRA, BENGALURU 560 068. 3. MANJUNATH REDDY S/O. VENKATESH REDDY, AGED ABOUT 40 YEARS, RESIDING AT 2118, 14TH CROSS, NEAR GANESH TEMPLE, AECS LAYOUT, SINGASANDRA, BENGALURU 560 068. 4. SHAJU CHACKO MAJOR, S/O. NOT KNOWN TO THE PLAINTIFFS, RESIDING AT SY. NO.89/1, HOSUR ROAD, SINGASANDRA, BENGALURU 560 068. 5. SHERLY GEORGE MAJOR, S/O. NOT KNOWN TO THE PLAINTIFFS, RESIDING AT SY. NO.89/1, HOSUR ROAD, SINGASANDRA, BENGALURU 560 068. 6. SEENA JOJY MAJOR, S/O. NOT KNOWN, RESIDING AT SY. NO.89/1, HOSUR ROAD, SINGASANDRA, BENGALURU 560 068. - 3 - HC-KAR CNR: KAHC010629022026 NC: 2026:KHC:52638 WP No. 28636 of 2026 7. JOJY ISAAC S/O. NOT KNOWN TO THE PLAINTIFFS, RESIDING AT SY. NO.89/1, HOSUR ROAD, SINGASANDRA, BENGALURU 560 068. 8. S. DEVARAJ AGED ABOUT 58 YEARS, S/O. LATE SRI. T.R. SAMPATH KUMAR, R/AT NO.92, DISPENSARY ROAD, CIVIL STATION, BENGALURU 560 025. 9. S. GOPIMURALI S/O. LATE SRI. T.R. SAMPATH KUMAR, AGED ABOUT 54 YEARS, R/AT NO.92, DISPENSARY ROAD, CIVIL STATION, BENGALURU 560 025. 10. SRILAKSHMI AGED ABOUT 55 YEARS, D/O. LATE SRI. T.R. SAMPATH KUMAR, R/AT NO.97, DISPENSARY ROAD, CIVIL STATION, BENGALURU 560 025. 11. GEETHA S. BABU AGED ABOUT 53 YEARS, D/O. LATE SRI. T.R. SAMPATH KUMAR, R/AT NO.97, DISPENSARY ROAD, CIVIL STATION, BENGALURU 560 025. 12. ANURADHA AGED ABOUT 48 YEARS, D/O. LATE SRI. T.R. SAMPATH KUMAR, R/AT NO.97, DISPENSARY ROAD, CIVIL STATION, BENGALURU 560 025. 13. RANGANAYAKI AGED ABOUT 49 YEARS, D/O. LATE SRI. T.R. SAMPATH KUMAR, - 4 - HC-KAR CNR: KAHC010629022026 NC: 2026:KHC:52638 WP No. 28636 of 2026 R/AT NO.97, DISPENSARY ROAD, CIVIL STATION, BENGALURU 560 025. 14. MOHANA KUMARI AGED ABOUT 43 YEARS, D/O. LATE SRI. T.R. SAMPATH KUMAR, R/AT NO.97, DISPENSARY ROAD, CIVIL STATION, BENGALURU 560 025. 15. U. VENKATESH S/O. LATE T.R. UTHAMANAMBI, AGED ABOUT 61 YEARS, R/O. NO.30/2, LAKSHMANA MUDALIAR STREET, SHIVAJINAGAR, BENGALURU 560 001. 16. T.U. RAMANUJAM S/O. LATE T.R. UTHAMANAMBI, AGED ABOUT 59 YEARS, R/AT NO.1/1E, 3RD STREET, DHARAMARAJA KOVIL STREET CROSS SHIVAJINAGAR, BENGALURU 560 001. 17. C. PADMAVATHI D/O. LATE T.R. UTHAMANAMBI, AGED ABOUT 55 YEARS, R/AT NO.14, NANDANAM SINGH LANE, NARAYANA PILLAI STREET SHIVAJINAGAR, BENGALURU 560 001. 18. K.L. SRINIVAS MURTHY AGED ABOUT 61 YEARS, S/O. K.S. LAKSHMINARAYANA SETTY, R/AT FLAT NO.402, SRI POORNA PRAJNA APARTMENTS, NO.347/2, GANGADHAR LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. 19. SNN ESTATES LLP OFFICE AT NO.35/B, 3RD FLOOR, POTENTIAL HOUSE, 1ST MAIN, - 5 - HC-KAR CNR: KAHC010629022026 NC: 2026:KHC:52638 WP No. 28636 of 2026 3RD PHASE, JP NAGAR, BENGALURU 560 078, REPRESENTED BY ITS PARTNER, NITIN AGARWAL. 20. MANJUNATH REDDY MAJOR, S/O. NOT KNOWN, RESIDING AT NO.98, NEAR AECS LAYOUT, SINGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU 560 068. 21. RAJA REDDY MAJOR, S/O. NOT KNOWN, RESIDING AT NO.97, NEAR AECS LAYOUT, SINGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU 560 068. 22. RAJESSH REDDY MAJOR, S/O. NOT KNOWN, RESIDING AT NO.58, NEAR AECS LAYOUT, SINGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU 560 068. 23. JOJI CHACKO MAJOR, S/O. NOT KNOWN, RESIDING AT NO.45, NEAR AECS LAYOUT, SINGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU 560 068. 24. MR. PAULY ANTONY S/O. M.A. ANTONY, AGED ABOUT 56 YEARS, RESIDING AT 18C LINK HERITAGE, CHITTUR ROAD, KACHERIPPADY ERNAKULAM NORTH - 682 018. …RESPONDENTS - 6 - HC-KAR CNR: KAHC010629022026 NC: 2026:KHC:52638 WP No. 28636 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 14.08.2026 IN O.S.NO.5923/2026 PASSED BY THE COURT OF VI TH ADDL CITY CIVIL AND SENIOR JUDGE, BENGALURU VIDE ANNEXURE-N ON IA 1 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER The petitioners have filed O.S.No.5923/2026 seeking the relief of declaration and permanent injunction, along with an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking to restrain the defendants from interfering with or causing damage to the Schedule-B property or otherwise disturbing the plaintiffs’ use and enjoyment thereof. 2. The trial Court, by order dated 14.08.2026, directed issuance of emergent notice, observing that the application requires consideration after affording an opportunity to the defendants. - 7 - HC-KAR CNR: KAHC010629022026 NC: 2026:KHC:52638 WP No. 28636 of 2026 3. Learned counsel appearing for the petitioners submits that, taking advantage of the impugned order, the defendants are preventing the use of the road in question. It is further submitted that the said road leads to the school and that obstruction thereof would cause inconvenience to the students. 4. Considering the limited nature of the direction proposed to be issued by this Court, notice to the respondents is dispensed with. 5. Having considered the submissions made by the learned counsel for the parties and the prima facie material placed before this Court, and also having regard to the order dated 06.08.2026 passed by the Hon’ble Supreme Court in Special Leave to Appeal (C) Nos.13310-13311/2024, both parties are directed to maintain status quo in respect of the suit schedule property until adjudication of I.A.No.1 of 2026, filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, by the trial Court. 6. The trial Court is directed to expedite the consideration of I.A.No.1 of 2026 and dispose of the same in accordance with - 8 - HC-KAR CNR: KAHC010629022026 NC: 2026:KHC:52638 WP No. 28636 of 2026 law with an outer limit of two months from the date of placing copy of this order. With the above observations, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 13