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2026 DAILYLAW 44538 (KAR)

SRI CHAITHANYA SCHOOL v. SMT SHOBHA M

WP/6738/2026 · 2026-10-01

K V Aravind

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010347702026 NC: 2026:KHC:54841 WP No. 15971 of 2026 C/W WP No. 6738 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 15971 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 6738 OF 2026 (GM-CPC) IN WP No. 15971/2026 BETWEEN: 1. SRI CHAITHANYA SCHOOL REPRESENTED BY ITS AGM SRI. SUNIL AGED ABOUT 42 YEARS R/A NO. 91, OLD NO.55, NEAR SRI CHAITHANYA INTERNATIONAL SCHOOL, LAKSHMINARAYANAPURA VILLAGE, HUSKUR POST, SARJAPURA HOBLI, BANGALORE 560 099. …PETITIONER (BY SMT. KEERTHANA A BAGALWADI, ADVOCATE FOR SRI ARNAV A BAGALWADI, ADVOCATE) AND: 1. SRI. C KAMLESH BABU S/O CHANDRA SHEKAR S., AGED ABOUT 41 YEARS, R/A NO.99 SAI NILAYA, BILLAPUARA VILLAGE, SARJAPURA POST, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010347702026 NC: 2026:KHC:54841 WP No. 15971 of 2026 C/W WP No. 6738 of 2026 SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE 562 125 …RESPONDENT (BY SRI. RAMESH S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 12/02/2026 PASSED IN IA NO.1/26 BY THE LEARNED IV THE ADDL. CIVIL JUDGE AND JMFC, ANEKAL, BANGALORE RURAL IN OS NO.135/2026 A COPY OF WHICH IS HEREIN PRODUCED AS ANNEXURE-A AS ILLEGAL AND VOID ETC. IN WP NO. 6738/2026 BETWEEN: 1. SRI CHAITHANYA SCHOOL REPRESENTED BY ITS AGM SRI. SUNIL AGED ABOUT 42 YEARS R/A NO 91, OLD NO. 55, NEAR SRI CHAITHANYA INTERNATIONAL SCHOOL, LAKSHMINARAYANAPURA VILLAGE, HUSKUR POST, SARJAPURA HOBLI, BANGALORE 560 099 ...PETITIONER (BY SMT. KEERTHANA A BAGALWADI, ADVOCATE FOR SRI ARNAV A BAGALWADI, ADVOCATE) AND: 1. SMT SHOBHA M W/O SRI S RAGHU AGED ABOUT 42 YEARS R/A 18/1, LAKSHMI VENKATESHWARA NILAYA, HEELAIGE CROSS, RAMAREDDY LAYOUT, CHANDAPURA POST, ANEKAL TALUK, BANGALORE 560 099 ...RESPONDENT (BY SRI. RAMESH S., ADVOCATE) - 3 - HC-KAR CNR: KAHC010347702026 NC: 2026:KHC:54841 WP No. 15971 of 2026 C/W WP No. 6738 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 12.02.2026 PASSED BY THE LEARNED IVTH ADDL. CIVIL JUDGE AND JMFC, ANEKAL, BANGALORE RURAL IN OS NO.132/2026 A COPY OF WHICH IS HEREIN PRODUCED AS ANNEXURE A AS ILLEGAL AND VOID. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER These writ petitions are filed challening the orders dated 12.02.2026, whereby the applications filed by the respondent-plaintiff in the respective original suits under Order XXXIX Rules 1 and 2 r/w Section 151 of Code of Civil Procedure, 1908 (for short, CPC), came to be allowed, and an ex parte temporary injunction was granted restraining the petitioner herein from interfering with the peaceful possession and enjoyment of the suit schedule property. 2. Learned counsel appearing for the petitioner submits that, after service of notice, the petitioner has - 4 - HC-KAR CNR: KAHC010347702026 NC: 2026:KHC:54841 WP No. 15971 of 2026 C/W WP No. 6738 of 2026 entered appearance before the Court and has filed objections. 3. In that view of the matter, it would suffice to direct the Trial Court to consider I.A. No.1 expeditiously. In that light, the following: O R D E R (i) Writ petitions are disposed of. (ii) Trial Court is directed to consider and dispose of I.A. No.1 pending filed under Order XXXIX Rules 1 and 2 of CPC within one month from the next date of hearing. (iii) Till consideration of the pending applications, the interim directions passed by this Court in the respective writ petitions, shall continue to operate. (iv) Both the counsels are at liberty to seek advancement before the Trial Court for - 5 - HC-KAR CNR: KAHC010347702026 NC: 2026:KHC:54841 WP No. 15971 of 2026 C/W WP No. 6738 of 2026 consideration of pending applications as directed above. Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 18