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High Court of Karnataka · body

2026 DAILYLAW 5026 (KAR)

SRI H S RAMESH v. SRI G UMARAM

WP/13568/2026 · 2026-04-27

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:23220 WP No. 13568 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13568 OF 2026 (GM-CPC) BETWEEN: SRI H S RAMESH SON OF HANUMANTHAIAH AGED ABOUT 59 YEARS RESIDING AT NO. 25, 12TH MAIN SHIVANAGARA, RAJAJINAGAR BENGALURU 560010. …PETITIONER (BY SRI. ASHOKA T., ADVOCATE) AND: SRI G UMARAM AGED ABOUT 46 YEARS S/O GENARAN SENCHA S.H R/AT NO.203/6, 5TH CROSS 1ST MAIN, K.N. EXTENSION YESHWANTHPURA, BENGALURU 560009. …RESPONDENT (BY SRI. B M KUSHALAPPA., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, SETTING ASIDE THE IMPUGNED ORDER DATED 04.04.2026 PASSED BY THE TRIAL COURT IN O.S. NO. 3317/2017 (ANNEXURE-B), AND DIRECT THE TRIAL COURT TO AFFORD A REASONABLE OPPORTUNITY TO THE PETITIONER TO ADDRESS FINAL ARGUMENTS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23220 WP No. 13568 of 2026 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 04.04.2026 passed on an application filed by the plaintiff under Order XVII Rule 1 read with Section 151 of the Code of Civil Procedure (for short, ‘CPC’) in O.S. No. 3317/2017, by the XVIII Additional City Civil and Sessions Judge, Bengaluru (for short, ‘the trial court’), rejecting the request for adjournment and posting the matter for judgment. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial court. 3. The petitioner/plaintiff filed a suit for permanent injunction. Upon appearance, the defendant filed a written statement. Based on the pleadings of the parties, the trial court framed the issues. After the parties adduced evidence, the matter was posted for arguments on - 3 - HC-KAR NC: 2026:KHC:23220 WP No. 13568 of 2026 26.02.2026. On that day, in view of the Presiding Officer being on leave, the matter was not taken up and was subsequently posted to 04.04.2026. 4. On 04.04.2026, the petitioner/plaintiff sought time; however, the said request was rejected, and the matter was posted for judgment on 28.04.2026. 5. Since no opportunity has been given to the parties to advance arguments, this Court is of the opinion that, on 28.04.2026, the trial court may permit the parties to argue the case and thereafter pass judgment in accordance with law. 6. With the above clarification, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 33