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2026 DAILYLAW 50670 (KAR)

SMT. KAMALA v. MR. BABU MUGERA

WP/31267/2025 · 2026-02-05

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6920 WP No. 31267 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. 31267 OF 2025 (GM-CPC) BETWEEN: 1. SMT. KAMALA AGED ABOUT 55 YEARS W/O. LATE AITHA MOGERA, R/O. THUMBETHADKA HOUSE, KADABA VILLAGE, KADABA TQ.D.K. REPRESENTED BY HER AGENT/GPA HOLDER SON MR. KRISHNAPPA AGED ABOUT 33 YEARS S/O. LATE AITHA MUGERA, R/O. THUMBETHADKA KADABA VILLAGE, KADABA TALUK, D.K. MOB NO. 9480020816 …PETITIONER (BY SRI. DIVAKARA. K. N., ADVOCATE) AND: 1. MR. BABU MUGERA Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6920 WP No. 31267 of 2025 AGED ABOUT 50 YEARS S/O. GURUVA, R/O. THUMBETHADKA IN KADABA VILLAGE, KADABA TALUK, D.K. …RESPONDENT (BY SRI. HAREESH BHANDARY T., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 17.02.2025 PASSED IN MA NO. 44/2024 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, PUTTUR, HTEREBY DISMISSING THE APPEAL FILED BY THE PETITIONER AND CONFIRMING THE ORDERD DTD 05.11.2024 ON IA NO.II PASSED IN O.S.NO.244/2023 ON THE FILE FO THE PRL. CIVIL JUDGE CONSEQUENTLY ALLOW THE APPEAL IN MA NO.46/2024 AS PER ANNEXURE AS WELL AS IA NO.II IN O.S.NO.244/2023 AS PRAYED FOR AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6920 WP No. 31267 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the plaintiff in O.S.No.244/2023 is directed against the impugned order dated 05.11.2024 passed on I.A.No.II, whereby the application for temporary injunction filed by the petitioner/plaintiff against the respondent/ defendant was dismissed by the trial Court and confirmed in an appeal in MA No. 44/2024, whereby the said appeal filed by the petitioner/appellant was dismissed by the First Appellate Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the material on record which indicates that the issues in controversy between the parties would necessarily have to be adjudicated upon only after a full-fledged trial. 4. Without expressing any opinion on the merits/demerits of the rival contentions, I deemed it just and appropriate to dispose of this petition directing the trial Court - 4 - HC-KAR NC: 2026:KHC:6920 WP No. 31267 of 2025 to dispose of the suit in accordance with law as expeditiously as possible. It is further directed that till disposal of the suit by the trial Court, as expeditiously as possible, the parties are directed to maintain status quo in all respects as on today in relation to the suit schedule property. 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 addition thereto, the trial Court, before whom Miscellaneous Proceedings filed by the petitioner herein arising out of O.S.No.330/2023, is directed to dispose of the said Miscellaneous Proceedings as expeditiously as possible. 5. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 44