Smt Meghana P v. B J Dhananjaya

Karnataka HC2 Jul 2025WP/15445/2025

Case brief

AI extract

What is this about?

Article 227; GM-CPC; writ petition; temporary injunction; ad interim ex parte injunction; Order XXXIX Rules 1 and 2 CPC; O.S. No. 08/2025; District and Sessions Judge, Mandya; extension of interim order for three weeks; interim injunction; Karnataka High Court; NC: 2025:KHC:23628; Justice M. Nagaprasanna; Meghana P; B.J. Dhananjaya; trial Court to decide application on merits.

What did the court decide?

Interim injunction earlier granted by this Court extended for three weeks; trial Court directed to hear the parties and decide I.A. No. 2 on its merits in accordance with law, uninfluenced by the High Court's interim order. ¶¶36

Smt Meghana P Vs B J Dhananjaya — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:23628 WP No. 15445 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15445 OF 2025 (GM-CPC)

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BETWEEN:

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SMT. MEGHANA P W/O.H.N. DHESHWANTH, AGED ABOUT 30 YEARS R/AT. BILIDEGALU VILLAGE, KERAGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 446.

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…PETITIONER

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(BY SMT. POONAM S. PATIL, ADVOCATE)

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AND:

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B. J. DHANANJAYA

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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S/O. LATE. B.K. JAYACHANDRE GOWDA, AGED ABOUT 44 YEARS, R/AT. BILIDEGALU VILLAGE, KERAGODU HOBLI, MANDYA TALUK, MANDYA - 571 446.

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B.J. VASANTH KUMARI, W/O. RAMALINGEGOWDA, D/O. LATE. B.K. JAYACHANDRE GOWDA, AGED ABOUT 42 YEARS, R/AT. MARAGOWDANAHALLI(V), KERAKODU HOBLI, MANDYA TALUK, MANDYA - 571 446.

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NC: 2025:KHC:23628 WP No. 15445 of 2025

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HC-KAR

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B.J. VATHSALA,

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D/O. LATE. B.K. JAYACHANDRE GOWDA, AGED ABOUT 40 YEARS, R/AT. CHANDAGALU VILLAGE, BASRALU HOBLI, MANDYA TALUK, MANDYA - 571 405.

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B.J. DHESWANTH,

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S/O. LATE. B.K. JAYACHANDRE GOWDA AGED ABOUT 36 YEARS, R/AT. BILIDEGALU VILLAGE, KERAGODU HOBLI, MANDYA TALUK, MANDYA - 571 446.

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…RESPONDENTS

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(BY SRI. SREENIDHI THIMMAIAH, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 16.05.2025 PASSED BY THE COURT OF DISTRICT AND SESSIONS JUDGE, MANDYA IN O.S.NO.08/2025 DECLINING TO PASS AN AD INTERIM EXPARTE ORDER ON IA NO. 2 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF THE CIVIL PROCEDURE CODE, 1908 VIDE ANNEXURE-A AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:23628 WP No. 15445 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard Smt. Poonam S. Patil, learned counsel

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appearing for the petitioner and Shri Sreenidhi Thimmaiah, learned counsel appearing for the respondents.

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The petitioner - plaintiff is at the doors of this Court calling in question an order dated 16.05.2025 by which the concerned Court does not grant temporary injunction as was sought for in the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ('the CPC' for short), but issues notice. This Court to protect the interest of the petitioner had granted an interim injunction as was sought for. The respondents have now entered appearance and the application before the concerned Court is still pending consideration.

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In the light of the interim order subsisting in the case at hand, I deem it appropriate to extend the same for a period of three weeks and direct the concerned Court to hear the parties and pass necessary orders in accordance with law, without being influenced by the interim order granted by this

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NC: 2025:KHC:23628 WP No. 15445 of 2025

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HC-KAR

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Court. The application shall be answered in strict consonance

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with law.

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Merely because this Court has granted or extended

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the interim order, it does not mean the concerned Court is bound to grant an interim order. It shall answer the application on its merit after hearing the parties.

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Ordered accordingly.

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Sd/(M.NAGAPRASANNA) JUDGE

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JY List No.: 1 Sl No.: 47 CT:BHK

Smt Meghana P v. B J Dhananjaya

Case brief

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Smt Meghana P v. B J Dhananjaya

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