Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010676842026 NC: 2026:KHC:55462 WP No. 30801 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 30801 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI.GALI NARAYANA SWAMY S/O LATE KRISHNAPPA, AGED ABOUT 67 YEARS, R/A O C COLONY, KALYANADURGA TALUK, BODARAHALLY, KAMAKKAPALLY, ANATHAPURA DISTRICT, ANDHRA PRADESH 515761
2.
SMT. G.GEETHA GALI GURUMURTHY, W/O GALI GURUMURTHY, AGED ABOUT 43 YEARS, R/A B C COLONY, KAMAKKAPALLY, KALYANADURGA TALUK, ANATHAPURA DISTRICT, ANDHRA PRADESH 515761. …PETITIONERS (BY SRI. YASHWANTH NETHAJI N.T., ADVOCATE)
AND:
1.
SMT.N.A. ANURADHA W/O N.R. ASHWATHKUMAR, AGED ABOUT 48 YEARS, R/A Y.N. HOSAKOTE TOWN, Y.N. HOSAKOTE HOBLI,
Digitally signed by VINUTHA B S Location: High Court of Karnataka
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HC-KAR
CNR: KAHC010676842026 NC: 2026:KHC:55462 WP No. 30801 of 2026
PAVAGADA TALUK, TUMKUR DISTRICT - 561202. …RESPONDENT (SERVICE OF NOTICE TO RESPONDENT DISPENSED WITH VIDE ORDER DATED 05.10.2026)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 21/09/2026 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC, PAVAGADA ON IA NO.1 IN O.S. NO.497/2026 AT ANNEXURE-D ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
1. This petition is filed impugning the
order dated 21.09.2026 passed in O.S.No.497/2026, whereby the petitioners have been restrained from interfering with the work of establishing the Reliance BP CNG/CBG/EV charging retail outlet in the suit property.
2.
Learned counsel appearing for the petitioners submits that an ex parte injunction has been granted allegedly on the basis of the registered lease deed dated 09.04.2026, executed
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HC-KAR
CNR: KAHC010676842026 NC: 2026:KHC:55462 WP No. 30801 of 2026
for a period of 29 years and 11 months. It is submitted that the very execution and validity of the registered lease deed are disputed by the petitioners. It is further submitted that the Trial Court has not recorded any reasons for granting the ex parte temporary injunction, which, in effect, amounts to granting the main relief sought in the suit.
3. Considered the submission made by the learned counsel for the petitioners.
4. Considering the limited interference that this Court proposes to make in the present petition, notice to the respondent is dispensed with.
5. The main grievance is that the registered lease deed dated 09.04.2026, which forms the basis of the plaint, is itself disputed. It is contended that, while granting an ex parte temporary injunction, the Trial Court ought to have recorded reasons and that the interim order cannot be in the nature of the main relief sought in the suit.
6. It is to be noted that, if the defendants/petitioners are restrained from interfering with the work of establishing the
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HC-KAR
CNR: KAHC010676842026 NC: 2026:KHC:55462 WP No. 30801 of 2026
Reliance BP CNG/CBG/EV charging retail outlet and other infrastructure facilities, the same would, in effect, result in granting the main relief sought in the suit. If such interference is not permitted, the petitioners would be deprived of their right to contest the claim and protect their interest in the suit property.
7. In that view, both parties are directed to maintain status quo until adjudication of the pending application under Order XXXIX Rules 1 and 2 of the CPC. Learned counsel for the petitioners submits that objections to the said application will be filed on or before 09.10.2026. The Trial Court is directed to dispose of the said application within three weeks thereafter.
8. With the above observations, the writ petition stands
disposed of.
Sd/- (K. V. ARAVIND) JUDGE
VP