Sri. Y. Ganesh Vs Smt. Kiran C. Narang

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NC: 2025:KHC:53410 WP No. 17102 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF DECEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 17102 OF 2024 (GM-CPC)

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BETWEEN:

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SRI Y. GANESH S/O LATE B YELLAPPA AGED ABOUT 60 YEARS R/AT YESHWANTHAPURA VILLAGE, MALUR, KASABA HOBLI MALUR TALUK, KOLAR DISTRICT PIN CODE - 563 130.

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…PETITIONER

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(BY SRI S. VIJAYA KUMAR, ADV.)

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AND:

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SMT. KIRAN C. NARANG W/O LATE CHATURBUJ C NARANG AGED ABOUT 69 YEARS.

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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SRI NAVEEN NARANG S/O LATE CHATURBUJ C NARANG, AGED ABOUT 47 YEARS.

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BOTH ARE RESIDENT OF NO.322, 4TH MAIN RAJMAHAL VILAS EXTENSION BENGALURU PIN CODE - 560 080.

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…RESPONDENTS

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(BY SRI A. MAHAMMED TAHIR, ADV., FOR C/R-1)

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 6.02.2020 PASSED IN OS 238/2018 ON THE FILE OF THE II ADDL CIVIL JUDGE BENGALURU RURAL DIST BENGALURU ON IA NO.1 U/O 39 RULES 1 AND 2 OF CPC VIDE ANNX-X.

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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:53410 WP No. 17102 of 2024

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Plaintiff is before this Court in this writ petition filed under

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Article 227 of the Constitution of India with a prayer to setaside the order dated 06.02.2020 passed on IA No.1 in OS No.238/2018 by the Court of II Addl. Civil Judge, Bengaluru Rural District, Bengaluru and the order dated 30.03.2024 passed on MA No.33/2020 by the Court of I Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru.

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Heard the learned counsel for the parties.

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Petitioner herein has filed OS No.238/2018 seeking the relief of permanent injunction in respect of the suit schedule property bearing Sy.No.18/1A (Old No. 18/1), measuring 22 guntas situated at Whitefield Village, K. R. Puram Hobli, Bengaluru East Taluk. In the said suit, contesting defendants have filed written statement opposing the suit claim. IA No.1 was filed on behalf of the plaintiff in OS No.238/2018 seeking an order of temporary injunction. Defendants had opposed the said application. The Trial Court vide the order dated 06.02.2020 has rejected IA No.1 in OS No.238/2018. The order

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NC: 2025:KHC:53410 WP No. 17102 of 2024

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HC-KAR

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passed on IA No.1 by the Trial Court in OS No.238/2018 was confirmed in MA No.33/2020 by the Court of I Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, on 30.03.2024. Assailing the aforesaid two orders, the plaintiff is before this Court.

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Perusal of the material on record would go to show that plaintiff as well as the defendants herein claim ownership over the suit schedule property under two different sale deeds said to have been executed respectively in their favour. The Trial Court as well as the Appellate Court having appreciated that there is a dispute with regard to the title of the suit schedule property, have rejected the prayer made on behalf of plaintiff for grant of temporary injunction. Be that as it may, the fact remains that from the year 2018 onwards, no interim order is operating in favour of the plaintiff in the present proceedings. It is brought to the notice of this Court that suit in OS No.238/2018 is at the stage of recording plaintiff’s evidence. Petitioner is before this Court challenging the concurrent findings recorded by two Courts against him. Unless it is pointed out that the said orders are perverse and findings are

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4 - NC: 2025:KHC:53410 WP No. 17102 of 2024

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HC-KAR

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recorded contrary to the material available on record, this Court in exercise of its powers under Article 227 of Constitution of India, cannot interfere with the said orders. Since the suit is at the stage of recording the plaintiff's evidence, if a request is made to the Trial Court to expedite trial in the suit and dispose off the suit on its merits at the earliest without being influenced by the observations made in the orders impugned, the same would meet the ends of justice. Accordingly, the following order:-

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The writ petition is disposed off with a request to the Trial Court to expedite trial in OS No.238/2018 and dispose off the suit on merits, without being influenced by the observations made in the orders which are impugned in this writ petition, as expeditiously as possible but not later than a period of one year from the date of receipt of a copy of this order.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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DN List No.: 1 Sl No.: 30

Sri. Y. Ganesh v. Smt. Kiran C. Narang

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Sri. Y. Ganesh v. Smt. Kiran C. Narang

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