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2026 DAILYLAW 48084 (KAR)

M/S. PROVIDENT HOUSING LIMITED v. MRS S RATHNA

WP/14090/2025 · 2026-02-05

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6915 WP No. 14090 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14090 OF 2025 (GM-CPC) BETWEEN: 1. M/S. PROVIDENT HOUSING LIMITED A COMPANY REGISTERED UNDER PROVISIONS OF THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT #130/1, ULSOOR ROAD, HALASURU YELLAPPA CHETTY LAYOUT, SIVANCHETTI GARDENS, BENGALURU-560 042, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SHREYA. V. K. JAIN-LEGAL EXECUTIVE. …PETITIONER (BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. MRS S RATHNA W/O. R. K. BABU, AGED ABOUT 65 YEARS, 2. MR. SUNIL BABU S/O. R. K. BABU, AGED ABOUT 45 YEARS, 3. MR. B. ANIL BABU S/O. R. K. BABU, AGED ABOUT 43 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6915 WP No. 14090 of 2025 RESPONDENTS NO.1 TO 3 RESIDING AT NO.2, 1 A MAIN ROAD, NEW POST OFFICE ROAD, YEDIYUR JAYANAGAR 7TH BLOCK, BANGALORE-560 082. 4. MRS. PRAPULLA @ PRAFULLA D/O. LATE KRISHNAPPA, AGED ABOUT 70 YEARS, RESIDING AT SURYA NILAYA, NO. 7, 3RD CROSS, LALBAGH ROAD, BANGALORE-560 027. 5. MRS. K. PRABHAVATHI W/O. MR. M. L. SRINIVAS MURTHY, AGED ABOUT 68 YEARS, RESIDING AT J-55, 1ST CROSS, BEHIND KANTHIRAVA PAPER PARK EXTENSION, SHIVAMOGGA-577 201. 6. MRS. PRAMILA @ PRAMEELA D/O. LATE KRISHNAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 117/1, LAKSHMI NILAYA, FIRST FLOOR, VRN LANE, SP ROAD CROSS, GOLLAR PET, BANGALORE-560 002. 7. MRS. PRASANNAKUMARI W/O. MR. ASWATH MURTHY, AGED ABOUT 62 YEARS, RESIDING AT NO. 35, TEMPLE STREET, COX TOWN, JEEVANAHALLI, BANGALORE - 560 005 8. MR. GOVINDARAJU. R. K. S/O. R. KRISHNAPPA, AGED ABOUT 59 YEARS, 9. MRS. ANUSUYA W/O. GOVINDARAJU. R. K., AGED ABOUT 53 YEARS, - 3 - HC-KAR NC: 2026:KHC:6915 WP No. 14090 of 2025 10. MS. K. G. PRAKRUTHI D/O. R. K. GOVINDARAJU, AGED ABOUT 30 YEARS, RESPONDENTS NO.8 TO 10 RESIDING AT FLAT NO. F004, NO. 18, 1ST FLOOR, 15TH MAIN, 37TH CROSS, 4TH BLOCK, JAYANAGAR, BANGALORE SOUTH, BANGALORE-560 041. 11. MRS. PADMAVATHI @ BABY W/O. HARI KUMAR, AGED ABOUT 55 YEARS, RESIDING AT NO. 524/1, 8TH CROSS, 7TH BLOCK WEST, JAYANAGAR, BANGALORE-560 082. 12. MR. R. K. SAMPANGI RAMASWAMY @ R. K. RAMASWAMY S/O. R. KRISHNAPPA, AGED ABOUT 55 YEARS, 13. MRS. L. MANJULA SWAMY W/O. R. K. SAMPANGI RAMASWAMY, AGED ABOUT 50 YEARS, 14. MR. K. S. MANISH KUMAR S/O. R. K. SAMPANGI RAMASWAMY, AGED ABOUT 26 YEARS, RESPONDENTS NO.12 TO 14 RESIDING AT NO. 117/1, LAKSHMI NILAYA, THIRD FLOOR, VRN LANE, SP ROAD CROSS, GOLLAR PET, BANGALORE-02. 15. MR. R. K. GOPAL KRISHNA S/O. LATE R. KRISHNAPPA, AGED ABOUT 52 YEARS, - 4 - HC-KAR NC: 2026:KHC:6915 WP No. 14090 of 2025 16. MRS. SUMA GOPAL KRISHNA W/O. R. K. GOPALA KRISHNA, AGED ABOUT 49 YEARS, 17. MR. PAVAN. G S/O. R. K. GOPALA KRISHNA, AGED ABOUT 25 YEARS, RESPONDENTS NO.15 TO 17 RESIDING AT NO. 54, 6TH CROSS, WILSON GARDEN, BANGALORE-560 027. 18. MR. R. K. RAVISHANKAR S/O. LATE R. KRISHNAPPA, AGED ABOUT 49 YEARS, 19. MRS. ARCHANA. P. S. W/O. R. K. RAVISHANKAR, AGED ABOUT 49 YEARS, 20. MS. KEERTHANA RAVI SHANKAR D/O. R. K. RAVISHANKAR, AGED ABOUT 23 YEARS, RESPONDENTS NO.18 TO 20 RESIDING AT NO. 117/1, LAKSHMI NILAYA, SECOND FLOOR, VRN LANE, SP ROAD CROSS, GOLLAR PET, BENGALURU-02. …RESPONDENTS (BY SRI.BHADRINATH.R, ADVOCATE FOR R8 V/O/DATED: 16.02.2025, NOTICE TO R1 TO R7, R11, 13, R15, R16, R18, R19 AND R20 ARE DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED MAY 02, 2025 (ANNEXURE-A) PASSED ON I.A. NO. 01, IN O.S. 369/2025 (ANNEXURE-N) ON THE FILES OF THE LD. PRL. CIVIL JUDGE AND JMFC, ANEKAL AT BANGALORE RURAL AND CONSEQUENTLY ALLOW THE I.A. NO. 1, IN O.S. 369/2025 ON THE FILES OF THE LD. PRL. CIVIL JUDGE AND JMFC, ANEKAL AND ETC., - 5 - HC-KAR NC: 2026:KHC:6915 WP No. 14090 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.369/2025 is directed against the impugned order dated 02.05.2025, whereby the trial Court declined to grant ad interim ex-parte order of temporary injunction in favour of the petitioner/plaintiff and directed issuance of emergent notice and suit summons to the respondents/ defendants. 2. In the present petition, the only contesting respondent is defendant No.8/respondent No.8 who is aggrieved by not only filing of the present petition but also by the interim order dated 02.06.2025 passed by this Court in the present petition. 3. Learned counsel for the petitioner and Learned counsel for respondent No.8 jointly submit that the suit before the trial Court is posted on 25.03.2026 and the trial Court may be directed to prepone/advance the suit from 25.03.2026 to any convenient date during the week commencing from - 6 - HC-KAR NC: 2026:KHC:6915 WP No. 14090 of 2025 16.02.2026 and to consider and pass appropriate orders on I.A.No.1 for temporary injunction filed by the petitioner within a stipulated time frame. 4. The joint submission is placed on record and petition deserves to be disposed of accordingly. 5. In the result, the following: ORDER i) Petition is hereby disposed of. ii) The trial Court shall prepone/advance the suit from 25.03.2026 to any convenient date during the week commencing from 16.02.2026. iii) Liberty is reserved in favour of the parties to file application seeking preponement /advancement of the suit from 25.03.2026 to any convenient date during the week commencing from 16.02.2026. iv) Upon the suit being preponed from 25.03.2026 to an earlier date as stated supra, the trial Court shall consider and pass appropriate orders on I.A.No.1 in accordance with law within a period of four weeks from the date to which the suit is preponed to by the trial Court. - 7 - HC-KAR NC: 2026:KHC:6915 WP No. 14090 of 2025 v) It is further directed that without prejudice to the rights and contentions of the parties, the interim order dated 02.06.2025 passed by this Court shall continue to remain in force and operate between the parties and the trial Court shall dispose of I.A.No.1 without being influenced by the findings and observations, if any, recorded in the aforesaid interim order of this Court or by the present order. vi) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits/demerits of the rival contentions. In view of disposal of this petition, I.A., if any, does not survive for consideration and the same stand dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 2 Sl No.: 11