Mrs. Chaitra. N Vs Sri. B. D. Ramakrishna — Writ and Judicial Review | Karnataka HC (2025)

Mrs. Chaitra. N Vs Sri. B. D. Ramakrishna — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with direction to the trial court to dispose of IA Nos. 1 and 2 in O.S.No.4204/2022 expeditiously, not later than end of March 2025; the interim order restraining alienation of the suit schedule property continues until disposal of the applications; trial court to decide independently on merits without being influenced by this Court's observations.

Issue for consideration

What relief, if any, can be granted in the Article 227 petition challenging the trial court's dismissal of the plaintiff's applications (IA Nos. 1 and 2) for ex-parte temporary injunction, given that this Court's interim order restraining alienation of the suit schedule property continues to operate?

Court's answer

In view of the continuing interim restraint, the only relief that can be granted in the petition is to direct the trial court to dispose of IA Nos. 1 and 2 expeditiously.

Ratio / Principle

The trial court is directed to dispose of IA Nos. 1 and 2 in O.S.No.4204/2022 filed by the plaintiff as expeditiously as possible, not later than end of March 2025.

Key takeaways

Till disposal of the applications, the interim order granted by this Court (restraining alienation of the suit schedule property) shall continue.ratio¶30
The trial court is directed to consider the matter on merits, independently, without being influenced by the observations made in the course of this order.ratio¶32
The main writ petition stands disposed of, and all pending applications before this Court stand disposed of.ratio

Detailed headnote1 paragraphs

Plaintiff in O.S.No.4204/2022 filed a writ petition under Article 227 of the Constitution of India challenging the order dated 02.07.2022 of the LXVIII Additional City Civil and Sessions Judge, Bengaluru (CCH-69), whereby her IA Nos. 1 and 2 (under Order XXXIX Rules 1 and 2) seeking ex-parte temporary injunction against the respondents were dismissed. Since this Court's interim order dated 13.07.2022 restraining the respondents from alienating the suit schedule property was still operating, the High Court (H.T. Narendra Prasad, J.) held that the only relief grantable was a direction to the trial court. The writ petition was disposed of, directing the trial court to decide IA Nos. 1 and 2 on merits, independently and without being influenced by the High Court's observations, as expeditiously as possible and not later than end of March 2025; the interim order continues until disposal of the applications.

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NC: 2025:KHC:8178 WP No. 13836 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13836 OF 2022 (GM-CPC)

BETWEEN:

MRS. CHAITRA. N D/O SRI. NARAYANA SWAMY AGED ABOUT 26 YEARS R/AT NO. 401 CHANDRAMOULESHWARA NAGARA HUNASMARANAHALLI BENGALURU-562 157.

…PETITIONER

(BY SRI. CHETHAN S.P., ADVOCATE FOR SRI. NISHANTH A V.,ADVOCATE)

AND:

Digitally signed by HEMALATHA A 1. SRI. B. D. RAMAKRISHNA Location: HIGH S/O. B. S. DIWAKARAIAH COURT OF KARNATAKA AGED ABOUT 59 YEARS R/AT NO.8 AND 9, S F 206 MAYITHRI MEADOWS PATTANEGERE VILLAGE KENGERI,HOBLI BANGALORE SOUTH TALUK RAJARAJESHWARI NAGAR BANGALORE-560 098.

MS. MEGHA B R D/O MR. B D RAMAKRISHNA

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AGED ABOUT 30 YEARS R/AT NO.8 AND 9, S F 206 MAYITHRI MEADOWS PATTANEGERE VILLAGE KENGERI,HOBLI RAJARAJESHWARI NAGAR BANGALORE-560 098.

…RESPONDENTS

(BY SRI. NARASIMHAN S.,ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 02.07.2022 PASSED BY THE LXVIII ADDITIONAL CITY CIVL AND SESSIONS JUDGE, BENGALURU (CCH-69) IN O.S.4204/2022 ON I.A.NO.1 AND I.A.NO.2 INSOFAR AS IT PERTAINS TO NON GRANTING OF EX-PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENT VIDE ANNEXURE-S AND ETC.

THIS PETITION, COMING ON FOR ORDERS, 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, challenging the order dated 02.07.2024 passed by the LXVIII Additional City Civil and Sessions Judge, Bengaluru (CCH-69), whereby IA Nos. 1 and 2 in O.S.No.4204/2022 filed by the plaintiff under Order XXXIX Rules 1 and 2 for ex-parte temporary injunction have been dismissed and the trial court has

3 - NC: 2025:KHC:8178 WP No. 13836 of 2022

refused to grant ex-parte temporary injunction but only

issued summons to the defendants.

This Court, by order dated 13.07.2022 directed the respondents not to alienate the suit schedule property. That interim order is operating till today.

In view of the above, the only relief that can be granted in this petition is to direct the trial court to dispose of IA Nos. 1 and 2, expeditiously.

Accordingly, the following order is passed:

(i) This writ petition is disposed of.

(ii) The trial court is directed to dispose of IA Nos. 1 and 2 in O.S.No.4204/2022 filed by the plaintiff as expeditiously as possible, not later than end of March 2025.

(iii) Till the disposal of the applications, the interim order granted by this Court shall continue.

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(iv) The trial court is directed to consider the matter on merits, independently, without being influenced by the observations made in the course of this order.

(v) In view of disposal of the main petition, all pending applications stand disposed of.

Sd/(H.T. NARENDRA PRASAD) JUDGE

CM List No.: 1 Sl No.: 53