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2026 DAILYLAW 48071 (KAR)

SMT. ASHWATHAMMA v. SMT. MEENAKSHI

WP/13780/2022 · 2026-01-21

Tara Vitasta Ganju

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:3411 WP No. 13780 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 13780 OF 2022 (GM-CPC) BETWEEN: SMT. ASHWATHAMMA AGED ABOUT 82 YEARS, W/O NARAYANAPPA DEVANAGONDI VILLAGE AND POST, VIA KADUGODI, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU - 560 067. …PETITIONER (BY SRI. ABHINAV RAMANAND A, ADVOCATE) AND: 1. SMT. MEENAKSHI AGED ABOUT 50 YEARS, W/O LATE SAMPANGIRAMAIAH 2. MS. MITHUNA AGED ABOUT 24 YEARS, D/O LATE SAMPANGIRAMAIAH 3. MS. SINDHU AGED ABOUT 22 YEARS, D/O LATE SAMPANGIRAMAIAH 4. SRI. NARAYANASWAMY AGED ABOUT 55 YEARS, S/O LATE PAPANNA - 2 - HC-KAR NC: 2026:KHC:3411 WP No. 13780 of 2022 5. SRI. AMARESHA AGED ABOUT 45 YEARS, S/O LATE PAPANNA RESPONDENTS NO.1 TO 5 ARE ALL DEVANAGONDI VILLAGE AND POST, VIA KADUGODI, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU - 560 067. 6. SMT. LAKSHMAMMA AGED ABOUT 58 YEARS, W/O LATE SRI. K.V. KRISHNAPPA, D/O LATE PAPANNA, NO. 144, RAILWAY STATION ROAD, KADUGODI, BENGALURU - 560 067. 7. SMT. NARAYANAMMA AGED ABOUT 85 YEARS, W/O LATE PAPANNA DEVANAGONDI VILLAGE AND POST VIA KADUGODI, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, BENGALURU - 560 067. …RESPONDENTS (BY SRI. THARSHI T.M, ADVOCATE FOR SRI. DEEPAK BHASKAR, ADVOCATE FOR R4 TO R7; R1 TO R3 ARE SERVED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.31.5.2022 PASSED BY THE VI ADDL SR CIVIL JUDGE BENGALURU RURAL DISTRICT BENGALURU AT ANNEXURE-D BY ALLOWED THE PRESENT W.P. AND CONSEQUENTLY ALLOW IA NO.1 FILED BY TH PETITIONER IN O.S.NO.1137/2022 AND ETC., - 3 - HC-KAR NC: 2026:KHC:3411 WP No. 13780 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge the order dated 31.05.2022 on I.A.No.1 in O.S.No.1137/2022 by the VI Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as "Impugned Order"). By the Impugned Order, notice was issued in the matter and the application for ex-parte injunction filed by the petitioner/plaintiff was denied. 2. This Court by its order dated 13.07.2022 had directed that pending consideration of IA No.1 filed under 39 Rule 1 and 2 of CPC, the respondents were restrained from alienating the suit schedule property. This order has continued till today. It is not disputed by the parties that the application under Order 39 Rules 1 and 2, CPC has yet not been decided by the learned Trial Court. 3. However, learned counsel for the parties submit that the matter is now at the stage of evidence. Concededly, the - 4 - HC-KAR NC: 2026:KHC:3411 WP No. 13780 of 2022 interim protection was granted to the petitioner/plaintiff for a decision on the application under Order 39 Rules 1 and 2 of CPC. Accordingly, the writ petition is disposed of by directing the learned Trial Court to decide the application filed by the petitioner/plaintiff within a period of four weeks from today. 4. The parties will complete their pleading in the pending application within a period of two weeks from today. 5. List the matter before the Trial Court on the date already fixed. The interim order granted earlier shall remain in operation for four weeks from today. 6. Learned counsel for the parties also submit that they will not take any unnecessary adjournments before the learned trial Court. The parties are bound down by the statement made by their counsel. 7. All pending applications stand closed. (TARA VITASTA GANJU) JUDGE RJ / List No.: 1 Sl No.: 24 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA