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2026 DAILYLAW 582 (KAR)

SMT. SUSHEELAMMA, v. SRI SHIVAPPANAYAKA

WP/11377/2025 · 2026-03-06

H T Narendra Prasad

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13949 WP No. 11377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11377 OF 2025 (GM-CPC) BETWEEN: SMT. SUSHEELAMMA W/O. LATE NAGANAYAKA AGED ABOUT 42 YEARS R/AT CHALAVANAHALLI VILLAGE AND POST ARASIKERE TALUK HASSAN DISTRICT- 573112. …PETITIONER (BY SRI. GIRI K., ADVOCATE) AND: 1. SRI SHIVAPPANAYAKA S/O. GIRINAYAKA AGED ABOUT 50 YEARS 2. SMT. MANJULA W/O. SHIVAPPANAYAKA AGED ABOUT 48 YEARS 3. SRI. MEGHARAJ S/O. SHIVAPPANAYAKA AGED ABOUT 26 YEARS 4. SRI RAKSHITH S/O. SHIVAPPANAYAKA AGED ABOUT 25 YEARS 5. KUMARI BHAVANI C.S. D/O. SHIVAPPANAYAKA AGED ABOUT 24 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13949 WP No. 11377 of 2025 ALL ARE R/AT CHALUVANAHALLI VILLAGE & POST BANAVARA HOBLI, ARASIKERE TALUK HASSAN DISTRICT. 573112. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT IN THE NATURE OF CERTIORARI DIRECTING TO SET ASIDE ANNEXURE-A DATED: 06.02.2025 PASSED ON IA.NO.1, IN O.S. NO.72/2025, ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC AT ARSIKERE, REFUSING TO GRANT EXPARTE AD INTERIM ORDER OF TEMPORARY INJUNCTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE SUIT SCHEDULE PROPERTY HEREIN, AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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, seeking a direction to the Trial Court to dispose of the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Civil Procedure Code. 2. The plaintiff has filed a suit in O.S. No.72/2025 for permanent injunction. Along with the plaint, she has filed - 3 - HC-KAR NC: 2026:KHC:13949 WP No. 11377 of 2025 an application under Order XXXIX Rules 1 and 2 of CPC seeking temporary injunction. The Trial Court has issued notice to the defendants. The defendants have appeared and filed their objections. The Trial Court has heard the matter on several dates; however, no order has been passed. Hence, the petitioner/plaintiff is before this Court. 3. In view of the above, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC, as expeditiously as possible, and in any event not later than thirty days from the date of receipt of a certified copy of this order. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 4