- 1 - HC-KAR NC: 2026:KHC:6760 WP No. 35366 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 35366 OF 2025 (GM-CPC) BETWEEN: 1. SRI MUNIYAPPA S/O. MUNICHOWDAPPA, AGED ABOUT 44 YEARS. 2. SMT.MANJULA D/O. MUNICHOWDAPPA, AGED ABOUT 42 YEARS, BOTH ARE R/AT. NO.8, 3RD MAIN, 4TH 'B' CROSS, BASAVALINGAPPA NAGAR, SAMPIGEHALLI LAYOUT, JAKKUR POST, YELAHANKA HOBLI, BENGALURU-560064. …PETITIONERS (BY SRI. M.J. ALVA FOR; SRI. MOHAN KUMAR M.,ADVOCATE) AND: M/S SHINE EDUCATIONAL AND MANAGEMENT CONSULTANT PVT LTD HAVING ITS OFFICE NO.29/C-BLOCK, D-1, ARAVALI APARTMENT, SECTOR 52, NOIDA, UTTAR PRADESH-201303, REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR.NARAYANA K.HEGDE …RESPONDENT (BY SRI. SHYAM KOUNDINYA.A S..,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6760 WP No. 35366 of 2025 ORDER DATED 15-10-2025 VIDE ANNEXURE-A PASSED BY THE IST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI BANGALORE RURAL DISTRICT AT BANGALORE, IN MA NO. 9/2025 AND QUASH THE IMPUGNED ORDER DTD 9.04.2025 PASSED BY THE ADDL CIVIL JUDGE AND JMFC AT DEVANAHALLI IN OS NO. 482/2024 VIDE ANX-G. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the defendants in O.S.No.482/2024 on the file of the Additional Civil Judge and JMFC, Devanahalli, (for short “the Trial Court”) is directed against the impugned Order dated 09.04.2025 passed on I.A.Nos.4 and 5 for temporary injunction filed by the respondent-plaintiff against the petitioners-defendants, whereby the Trial Court passed an order of temporary injunction in favour of the respondent-plaintiff against the petitioners-defendatns whose appeal in M.A.No.9/2025 was dismissed by the I Additional Senior Civil Judge and JMFC, Devanahalli, Bengaluru Rural District (for short “the First Appellate Court”). 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. - 3 - HC-KAR NC: 2026:KHC:6760 WP No. 35366 of 2025 3. A perusal of the material on record will indicate that though several contentions have been urged by both sides in support of their respective claims, there arises several disputed questions of Law and fact, which would necessarily have to be decided only after a full-fledged trial. In addition thereto, a previously instituted suit in O.S.No.69/2022 by petitioner No.1- defendant No.1 against his family members and respondent- defendant No.13 therein is also pending on the file of the Senior Civil Judge and JMFC, Devanahalli. 4. Under these circumstances, I deem it just and appropriate to dispose of this petition without interfering with the impugned orders, but by directing the Trial Court to dispose of the suit as expeditiously as possible, without being influenced by the findings and observations recorded in the impugned orders and by issuing further directions for transferring the present suit in O.S.No.482/2024 pending on the file of the Additional Civil Judge and JMFC, Devanahalli to be withdrawn from the said Court and transferred to the Court of the Senior Civil Judge and JMFC, Devanahalli to be consolidated, clubbed, tried and disposed of - 4 - HC-KAR NC: 2026:KHC:6760 WP No. 35366 of 2025 along with O.S.No.69/2022 pending on the file of the said Court and in accordance with law. 5. In the result, I pass the following: ORDER (i) The petition is hereby disposed of without interfering with the impugned orders passed by the Trial Court and the First Appellate Court. (ii) The suit in O.S.No.482/2024 currently pending before the Additional Civil Judge and JMFC, Devanahalli, is directed to be withdrawn from the said Court and transferred to the court of the Senior Civil Judge and JMFC, Devanahalli, to be clubbed, consolidated, tried and disposed of along with O.S.No.69/2022, in accordance with law. (iii) The registry of the Trial court is directed to take necessary steps to withdraw O.S.No.482/2024 from Additional Civil Judge and JMFC, Devanahalli and transfer the same to the court of the Senior Civil Judge and JMFC, Devanahalli to be clubbed, consolidated, - 5 - HC-KAR NC: 2026:KHC:6760 WP No. 35366 of 2025 tried and disposed of along with O.S.No.69/2022, in accordance with law. (iv) All rival contentions between all the parties in both the suits are kept open and no opinion is expressed on the same. (v) It is further directed that the compound wall put up/to be put up by the respondent on the suit schedule property involved in O.S.No.482/2024 would be without prejudice to the rights and contentions of the parties and the same would be subject to the final outcome of both the suits and that the respondent shall not claim any equities in this regard. (vi) The Trial Court is directed to dispose of both suits as expeditiously as possible and preferably within a period of one year from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 9