Sri Basavaraja Naik Vs Sri Sundhar M — Writ and Judicial Review | Karnataka HC (2025)

Sri Basavaraja Naik Vs Sri Sundhar M — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the IX Additional City Civil Judge and JMFC, Mysore to dispose of IA No.1/2025 and IA.No.2/2025 filed under Order 39 Rule 1 and 2 of CPC within a period of 15 days in O.S.No.36/2025 from the date of receipt of copy of the order, affording suitable and reasonable opportunities to both parties; no opinion expressed on the merits of the applications.

Issue for consideration

Whether the trial Court should be directed to expedite the hearing and pass orders on IA Nos. 1/2025 and 2/2025 (temporary injunction applications under Order 39 Rule 1 and 2 CPC) in O.S. No.36/2025. +1 more

Court's answer

Applications under Order 39 Rule 1 and 2 CPC contemplate passing of orders for temporary injunction to protect the suit schedule properties or rights of the plaintiffs for urgent temporary relief till the pendency of the suit, and such applications are required to be decided as early as possible based on the urgency shown by the plaintiff.

Ratio / Principle

Registry objection overruled: the petition does not question orders passed on interim applications but seeks a direction to the learned IX Additional Civil Judge, JMFC, Mysore to pass orders on IA Nos. 1/2025 and 2/2025 filed under Order 39 Rule 1 and 2 CPC in O.S. No.36/2025.

Key takeaways

No notice to the respondents was necessary, as no relief is sought by the petitioners against the respondents, and the Court is not inclined to pass any adverse orders against the respondents.obiter¶53
The IX Additional City Civil Judge and JMFC, Mysore is directed to dispose of IA No.1/2025 and IA.No.2/2025 filed under Order 39 Rule 1 and 2 CPC within a period of 15 days in O.S.No.36/2025 from the date of receipt of copy of the order, affording suitable and reasonable opportunities to both parties.ratio¶71
This Court has expressly not expressed any opinion on the merits of the said interim applications.

Detailed headnote1 paragraphs

Writ petition (Article 227, GM-CPC) by five plaintiffs in O.S. No.36/2025 (pending before the IX Addl. Civil Judge and JMFC, Mysuru) seeking a direction to the trial Court to decide their pending temporary-injunction applications IA Nos. 1/2025 and 2/2025 filed under Order 39 Rule 1 and 2 CPC on 04.01.2025, to which the defendants (office-bearers and governing council members of Banjara (Lambani) Seva Sangha (R)) had already filed objections without orders being passed. Registry objection overruled on the ground that the petition questions no interim order; no notice issued to respondents as no relief is sought against them. Petition ALLOWED: trial Court directed to dispose of both IAs within 15 days of receipt of the order copy, affording suitable and reasonable opportunities to both parties; the High Court expressly expressed no opinion on the merits of the applications.

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NC: 2025:KHC:40735 WP No. 29577 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 29577 OF 2025 (GM-CPC)

BETWEEN:

SRI BASAVARAJA NAIK S/O LAXMANAIK, AGED ABOUT 45 YEARS, NO.363/418, IST FLOOR, NEAR POST OFFICE, GIRIDHARSHINI EXTENSION, ALANAHALLI, MYSORE- 570 024

SRI DR. SEETHANAIK S/O LATE DEVALANAIK, AGED ABOUT 55 YEARS, NO.6300, 2ND PHASE, 4TH STAGE, VIJAYANAGAR, MYSORE- 560 026

Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

Location: HIGH COURT OF KARNATAKA

SRI SHEKAR NAIK S/O RAMA NAIK, AGED ABOUT 57 YEARS, NO.1414, 2ND CROSS, FULL PERIFIED ROAD, C AND D BLOCK, KUVEMPU NAGARA, MYSORE- 570 023

SRI CHANDRA NAIK S/O LAXMANAIK, AGED ABOUT 55 YEARS, NO.C-113, NOTE MUDRAN NAGAR, MYSORE- 570 003.

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HC-KAR

SMT. SUSHEELA P C/O E T PUTTAIAH, AGED ABOUT 66 YEARS, NO.67, 4TH MAIN, BHOGADI, 2ND STAGE, MYSORE- 570 026.

…PETITIONERS

(BY SRI. A P PULAKESHI, ADVOCATE)

AND:

SRI SUNDHAR M S/O MADHU NAIK, AGED ABOUT 64 YEARS, NO.1404, 4TH MAIN, 2ND STAGE, VIJAYANAGARA, MYSORE- 570 017 (PRESIDENT)

SRI THEJA NAIK S/O RAMA NAIK,. AGED ABOUT 68 YEARS, NO.10, TRIMURTHYNAGAR, NEAR TO ACHARYA VIDYAKULA ELAVALA BY PASS ROAD, MYSORE- 570 026. (VICE PRESIDENT)

SRI ANIL M S/O DR MURTHY NAIK, AGED ABOUT 52 YEARS, NO.247, RAGAVA, 8TH CROSS, 3RD STAGE, GOKULAM, MYSORE- 570 017 (SECRETARY)

SRI P JAYARAM NAIK S/O PURA NAIK, AGED ABOUT 72 YEARS, NO.205, 2ND CROSS, NIMISHAMBA EXTENSION,

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HC-KAR

KUVEMPUNAGAR, MYSORE- 570 023 (JOINT SECRETARY) MEMBER OF BANJARA (LAMBANI) SEVA SANGHA (R) NO.35/2, VIJAYANAGARA, MYSORE- 570 017

SMT KAVERIBAI W/O KRISHNA NAIK, AGED ABOUT 54 YEARS, NO.49, H P O AND R M S LAYOUT, SALAGALLI, KALYANAGIRI, MYSORE-570019 (TREASURER)

SMT. DR SAVITHA SURESH W/O SURESH BAL RAM, AGED ABOUT 55 YEARS, NO.909/B, 10TH CROSS, 2ND STAGE, HEBBAL, MYSORE-570016 (GOVERNING COUNCIL MEMBER)

SMT. KAVITHA MURGESH W/O T MURUGEESH, AGED ABOUT 38 YEARS, NO.2574, 2ND STAGE, LIO JANANI APARTMENT, LAKSHMIKANTHANAGARA, HEBBAL, MYSORE-570016 (GOVERNING COUNCIL MEMBER)

SRI LAKHAN NAIK FATHER NAME NOT KNOWN, AGED ABOUT 49 YEARS, NO.41, 3RD CROSS, SRIVANA LAYOUT, BAGODI, MYSORE- 570 026 (GOVERNING COUNCIL MEMBER)

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HC-KAR

SRI VENKATESH NAIK S/O GOVINDA NAIK, AGED ABOUT 49 YEARS, NO.102/A/B, PREETHI HILL VIEW LAYOUT, 2ND CROSS, 2ND STAGE, SRIRAMPURA, MYSORE- 570 008 (GOVERNING COUNCIL MEMBER)

SRI CHANDRAPRAKASH S/O BHEEMA NAIK, AGED ABOUT 42 YEARS, NO.113, 4TH CROSS, ARAVINDANAGAR, SRIRAMPURA, MYSURU- 570 008 (GOVERNING COUNCIL MEMBER)

SRI RAMESH NAIK H S/O LATE HANUMAN NAIK, AGED ABOUT 39 YEARS, NO.175/A, V R C QUARTERS, YADAVAGIRI-570020 (GOVERNING COUNCIL MEMBER)

SRI RAVI NAIK S/O ANJI NAIK, AGED ABOUT 43 YEARS, NO/122/D, RAILWAY QUARTERS, MYSORE SOUTH, MYSORE-570008 (GOVERNING COUNCIL MEMBER)

SRI SIDDA NAIK J B S/O BHEEMA NAIK, AGED ABOUT 58 YEARS, J M HALLI, METI KUPPE POST, H D KOTE TALUK, MYSORE DISTRICT-571114 (GOVERNING COUNCIL MEMBER)

SRI RAMESH NAIK N S/O NEELA NAIK, AGED ABOUT 36 YEARS,

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HC-KAR

NO.601, ABHISHEK CIRCLE, M J KOPPAL MAIN ROAD, MYSORE- 570 006. (GOVERNING COUNCIL MEMBER)

CHANDRA NAIK N FATHERS NAME NOT KNOWN, AGED ABOUT 45 YEARS, NO.1004, 4TH CRUSH, JANATHA NAGAR, MYSORE- 570 026 (GOVERNING COUNCIL MEMBER)

ABOVE DEFENDANTS ARE PRESIDENT, VICE PRESIDENT, SECRETARY AND GOVERNING COUNCIL MEMBERS OF BANJARA (LAMBANI) SEVA SANGHA (R) NO.35/2, VIJAYANAGARA, MYSORE- 570 017.

…RESPONDENTS

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE HONORABLE IX ADDL. CIVIL JUDGE AND JMFC, MYSURU TO PASS ORDER ON IA NO. 1 AND 2 FILED BY THE PETITIONER PLAINTIFFS U/O 39 RULE 1 AND 2 CPC PENDING DISPOSAL OF THE SUIT FILED BY THE PETITIONER/ PLAINTIFF IN OS NO. 36/2025 PENDING ON THE FILE OF THE HONORABLE IX ADDL. CIVIL JUDGE AND JMFC MYSURU VIDE ANNEXURE-H WITH IN 26.09.2025.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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NC: 2025:KHC:40735 WP No. 29577 of 2025

HC-KAR

ORAL ORDER

Objection raised by the registry is over ruled for the reason that the present petition is not questioning the orders passed on the interim applications, whereas, the petitioners/plaintiffs have filed the present petition to direct the learned IX Additional Civil Judge, JMFC, Mysore to pass orders on IA Nos. 1/2025 and 2/2025 filed under Order 39 Rule 1 and 2 of CPC in O.S. No.36/2025.

This Court does not find the need or necessity to issue notice to respondents, as no relief is sought by the petitioners against the respondents. So also this Court is not inclined to pass any adverse orders against the respondents.

The short point for consideration before this Court is to direct the trial Court to expedite the hearing on IA Nos. 1/2025 and 2/2025 filed under Order 39 Rule 1 and 2 of CPC in O.S. No.36/2025 and to pass orders on the said applications.

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HC-KAR

Learned counsel for the petitioners/plaintiffs

submits that the defendants have already filed objections to the said applications, and the case has been protracted by the defendants for one reason or the other and orders are not passed on the said applications.

Order 39 Rule 1 and 2 of the CPC contemplate

passing of the orders for temporary injunction for the protection of the suit schedule properties or rights of the plaintiffs for urgent temporary relief till the pendency of the suit. The said applications are required to be decided as early as possible based on the urgency shown by plaintiff in order to protect the property from being damaged or any threat to person or dispossession of the plaintiff or alienation, encumbrance or wastage of property. In the present case on hand, the defendants have already filed the objections, yet no orders are passed on the application.

The applications were filed on 04.01.2025 and orders on such applications are not passed by the trial

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HC-KAR

Court. Under such circumstances, I deem it appropriate to

direct the trial Court to dispose of the applications within

15 days. Hence, I pass the following order:

ORDER

The petition is allowed.

A direction is issued to the IX Additional City

Civil Judge and JMFC, Mysore to dispose of the IA No.1/2025 and IA.No.2/2025 filed under Order 39 Rule 1 and 2 of CPC within a period of 15 days in O.S.No.36/2025

from the date of receipt of copy of the order by affording suitable and reasonable opportunities to both parties.

It is needless to mention that, this Court has

not expressed any opinion on the merits of the said applications.

Sd/(PRADEEP SINGH YERUR) JUDGE

RCK, List No.: 1 Sl No.: 16