Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:1505 WP No. 28775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 28775 OF 2025 (GM-CPC) BETWEEN:
SRI. V.MAHESH S/O G.VEERANNA AGED ABOUT 44 YEARS, R/AT NO.13, GULLAPPA LAYOUT, DASARAHALLI VILLAGE, HEBBAL POST, BANGALORE - 24. …PETITIONER (BY SRI.CHOKKAREDDY., ADVOCATE) AND:
1.
SRI. SHANKARAPPA S/O MUNIVENKATARAMANAPPA AGED ABOUT 50 YEARS.
2.
SRI. SUBRAMANI S/O MUNIVENKATARAMANAPPA AGED ABOUT 55 YEARS.
BOTH ARE R/AT GANGAVARA CHOWDAPPANAHALLI VILLAGE, CHANNARAYANAPATNA HOBLI, DEVANAHALLI TALUK - 562 135. …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH ANNEXURE-A Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:1505 WP No. 28775 of 2025 DATED 08.09.2025 BY REFUSING TO GRANT EXPARTE INTERIM
ORDER IN IA NO.1 FILED BY THE PETITIONER IN O.S.NO.547/2025 PENDING IN PRL. CIVIL JUDGE AND JMFC, DEVANAHALLI AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition petitioner seeks the following reliefs: a) issue writ of certiorari by quashing - Annexure-A dated:08.09.2025, by refusing to grant exparte interim order in I.A.No.1 filed by the petitioner in O.S.No.547/2025, pending in Principal Civil Judge and JMFC, Devanahalli. b) Direction to trial Court to consider the I.A.No.1 - Annexure-B, on the merits of the case, within the 30 days after appearance of respondents in O.S.No.547/2025 pending in Principal Civil Judge and JMFC, Devnahalli. c) To grant such other reliefs and deems fit under facts and circumstances of the case by allowing the Writ petition, in the interest of justice and equity.
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HC-KAR NC: 2026:KHC:1505 WP No. 28775 of 2025
2.
Learned counsel for the petitioner submits that aggrieved by the impugned order dated 08.09.2025 passed by the Trial Court declining to grant ad-interim ex-parte order of temporary injunction and directing issuance of emergent notice to the respondents, the petitioner filed the present petition.
3. It is submitted that despite the petitioner paying necessary process for service of notice to the respondents, the respondents are deliberately evading/ avoiding service of notice of the petition and the suit is posted to 23.03.2026. It is therefore submitted that the present petition may be disposed of reserving liberty in favour of the petitioner to seek preponement/ advancement of the suit from 23.03.2026 to an earlier date so as to enable the petitioner to press the application for temporary injunction filed by the petitioner against the respondents.
4. Submission is placed on record. Petition stands
disposed of reserving liberty in favour of the petitioner to seek preponement/ advancement of the suit from 23.03.2026 to any earlier date. If the petitioner files such an advancement/ preponement application the Trial Court shall prepone the suit from
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HC-KAR NC: 2026:KHC:1505 WP No. 28775 of 2025 23.03.2026 to an earlier date and consider the application filed by the petitioner for temporary injunction and proceed further in accordance with law.
5. Subject to the aforesaid directions and liberty reserved in favour of the petitioner, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP List No.: 1 Sl No.: 17