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2026 DAILYLAW 43281 (KAR)

SMT. A. SOWMYA v. VENKATAMMA

WP/28590/2026 · 2026-09-22

K V Aravind

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010627662026 NC: 2026:KHC:52178 WP No. 28590 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 28590 OF 2026 (GM-CPC) BETWEEN: 1. SMT. A. SOWMYA AGED ABOUT 39 YEARS, W/O UMESH AND D/O K. ASHWATH NARAYANA, RESIDING AT NO.29, 1ST CROSS, BALAPPA LAYOUT, BANGALORE SOUTH, BANGALORE - 560 030. 2. SANJAY SURESHA, AGED ABOUT 26 YEARS, S/O B.S. SURESHA, RESIDING AT NO.174, BYRATHI, DR. SHIVARAMAKARANTH NAGAR POST, BANGALORE - 560 077. …PETITIONERS (BY SRI. ASHOK MESTA, ADVOCATE) AND: 1. VENKATAMMA AGED ABOUT 79 YEARS, W/O LATE MUNIYAPPA, RESIDING AT DODDACHEEMANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL - 562 110. Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010627662026 NC: 2026:KHC:52178 WP No. 28590 of 2026 2. ANANDAMMA AGED ABOUT 48 YEARS, D/O LATE MUNIYAPPA, RESIDING AT DODDACHEEMANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL - 562 110. 3. SUJATHA AGED ABOUT 44 YEARS, D/O LATE MUNIYAPPA, RESIDING AT DODDACHEEMANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL - 562 110. 4. RAMANJINAPPA AGED ABOUT 43 YEARS, S/O LATE MUNIYAPPA, RESIDING AT DODDACHEEMANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL - 562 110. 5. MANJULA D/O LATE MUNIYAPPA, AGED ABOUT 42 YEARS, RESIDING AT DODDACHEEMANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL - 562 110. 6. CHIKKEGOWDA AGED ABOUT 41 YEARS, D/O LATE MUNIYAPPA, RESIDING AT DODDACHEEMANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL - 562 110. 7. MUNIYAPPA AGED ABOUT 50 YEARS, H/O SUJATHA, RESIDING AT - 3 - HC-KAR CNR: KAHC010627662026 NC: 2026:KHC:52178 WP No. 28590 of 2026 DODDACHEEMANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL - 562 110. 8. SUNIL KUMAR, AGED ABOUT 40 YEARS, S/O SRINIVAS, RESIDING AT DODDACHEEMANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL - 562 110. …RESPONDENTS (VIDE O/D 22.09.2026 NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE ORDER DATED 01.08.2026 PASSED BY THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC AT DEVANAHALLI ON I.A NO. II IN O.S NO. 372/2026 VIDE ANNEXURE -A, WHEREBY THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC DEVANAHALLI WITHOUT ANY APPLICATION OF MIND AND VERIFYING THE RECORDS, REFUSED TO GRANT EXPARTE ORDER TEMPORARY INJUNCTION IN FAVOUR OF THE PETITIONERS AND AGAINST THE RESPONDENTS ON ONE GROUND THAT NON-ALIENATION CONDITION IS IN FORCE AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010627662026 NC: 2026:KHC:52178 WP No. 28590 of 2026 CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard learned counsel for the petitioners. 2. The limited grievance in the present writ petition is with regard to the non-granting of an ex parte ad interim temporary injunction and the issuance of notice to the respondents. 3. Learned counsel for the petitioners submits that the trial Court, observing that the suit schedule property is agricultural land and that there was no threat of alienation of the suit schedule property during the pendency of the application, issued notice to the defendants without granting any interim ex parte ad interim injunction. The suit has been filed seeking a decree of permanent injunction restraining the defendants from interfering with, trespassing upon, or encroaching upon the suit schedule property and from otherwise interfering with the peaceful possession thereof. 4. Considering the averments made in the petition and the submissions of learned counsel for the petitioners, it would suffice if both parties are directed to maintain status quo in - 5 - HC-KAR CNR: KAHC010627662026 NC: 2026:KHC:52178 WP No. 28590 of 2026 respect of the suit schedule property, insofar as possession and title are concerned, pending consideration of I.A. No.3/2026 filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. 5. In view of the above, notice to the respondents is dispensed with. Both parties are directed to maintain status quo in respect of the suit schedule property until consideration of I.A. No.3/2026 by the trial Court. 6. The trial Court is requested to dispose of the said application within two months from the date of the next hearing, which is scheduled for 09.10.2026. 7. The interim order shall remain in operation until adjudication of the said application. In view of the above, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 20