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2026 DAILYLAW 7532 (KAR)

MR B P RAGHAVENDRA v. SYED MUSTAFA

WP/4445/2026 · 2026-02-13

S R Krishna Kumar

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:9181 WP No. 4445 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4445 OF 2026 (GM-CPC) BETWEEN: 1. MR B. P. RAGHAVENDRA S/O MR. PRANESHACHAR, AGED ABOUT 49 YEARS 2. SMT. MADHAVI W/O B.P. RAGHAVENDRA AGED ABOUT 41 YEARS BOTH (1) AND (2) ARE RESIDENTS OF NO. 376/4, SRI. RAGHVENDRA SWAMY TEMPLE, BHAGAWATI LAYOUT, BANNERGHATTA ROAD, HULIMAVU, BANGALORE – 560 076. …PETITIONERS (BY SRI. AJAY KADKOL, ADVOCATE) AND: SYED MUSTAFA S/O SYED RASOOL SAB MAJOR IN AGE RESIDENT OF NO. 53, 4TH CROSS, NEAR INDIAN SCHOOL KANAKAGIRI, YELACHENAHALLI, BANGALORE – 560 078. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO REVERSE AND SET ASIDE THE ORDER DATED 17.12.2025 PASSED ON I.A. NO. 1 IN O.S. NO. 1351 OF 2025 BY THE I ADDITIONAL CIVIL JUDGE, BENGALURU RURAL, WHEREBY THE TRIAL COURT ALLOWED THE APPLICATION FILED BY THE RESPONDENT HEREIN UNDER Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9181 WP No. 4445 of 2026 ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 AND GRANTED AN EX PARTE AD INTERIM TEMPORARY INJUNCTION RESTRAINING THE PETITIONERS HEREIN FROM INTERFERING WITH THE RESPONDENTS ALLEGED PEACEFUL POSSESSION AND ENJOYMENT OF THE SUIT SCHEDULE PROPERTY WHICH IS HEREWITH PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: “a) To reverse and set aside the order dated 17.12.2025 passed on I.A.No.1 in O.S.No.1351 of 2025 by the I Additional Civil Judge, Bengaluru Rural, whereby the Trial Court allowed the application filed by the Respondents herein under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 and granted an exparte ad interim temporary injunction restraining the Petitioners herein from interfering with the Respondent’s alleged peaceful possession and enjoyment of the Suit Schedule Property which is herewith produced at Annexure- “A”. b) Pass such other Order/s as this Hon’ble Court may deem fit, proper and necessary in the ends of justice.” 2. After arguing the matter for sometime, learned counsel for the petitioners submits that the petition may be disposed of directing the Trial court to prepone/advance the matter - 3 - HC-KAR NC: 2026:KHC:9181 WP No. 4445 of 2026 from 18.03.2026 to 23.02.2026 and with a direction to the Trial Court to re-consider the application, I.A.No.1 and pass order, within a period of two weeks from 23.02.2026. 3. The said submission is placed on record. 4. The petition stands disposed of directing the Trial Court to prepone/advance the matter from 18.03.2026 to 23.02.2026 and re-consider the application, I.A.No.1 and pass order in accordance with law, within a period of two weeks from 23.02.2026. Liberty is reserved in favour of both parties to file advancement/preponement application. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 53