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Sri. Vineeth Kumar. M. G. v. Smt. Girija. M

Karnataka HC10 Oct 2025WP/30089/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Justice Pradeep Singh Yerur; WP No. 30089 of 2025 (GM-CPC) under Article 227 of the Constitution of India; certiorari sought against trial Court order dated 25.09.2025 in IA No.4 of O.S. No. 5202/2025; interim restraint on further construction in item No.2 of suit schedule property (order dated 30.09.2025) continued till disposal of IA No.4; writ petition disposed of without opinion on merits; trial Court at liberty to proceed; pending IAs pale into insignificance.

What did the court decide?

Writ petition disposed of; interim order restraining respondent No.2 from putting up further construction in Item No.2 of the suit schedule property continued till disposal of IA No.4 before the trial Court, without expressing any opinion on the merits. ¶55

Sri. Vineeth Kumar. M. G. Vs Smt. Girija. M — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 25.09.2025 passed by the trial Court in O.S. No. 5202/2025 in IA No.4 ought to be quashed by a writ in the nature of certiorari. +1 more

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Ratio / Principle

Since the trial Court had already heard all parties concerned on IA No.4 and reserved the matter for orders, this Court considered it unnecessary to proceed further with a hearing on vacating the interim order.

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Key takeaways

The interim order directing respondent No.2 not to put up further construction in Item No.2 of the suit schedule property shall continue till the pronouncement of orders by the trial Court on I.A.No.4, scheduled to be listed on 16.10.2025.ratio¶52
The interim order passed by this Court shall continue till disposal of IA No.4 before the trial Court.ratio¶55
The writ petition is disposed of.ratio

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) under Article 227 of the Constitution of India by the plaintiff in O.S. No. 5202/2025 (XLIV Additional City Civil and Sessions Judge, Bengaluru) seeking quashing of the order dated 25.09.2025 passed in IA No.4 and restraint of defendant No.2 from further construction over the plaintiff's 50% share in item No.2 of the suit schedule properties. During pendency, an interim order dated 30.09.2025 restrained the respondents from putting up further construction in item No.2. As the parties had argued IA No.4 in detail before the trial Court, which reserved the matter for pronouncing orders (listing scheduled on 16.10.2025), the High Court disposed of the writ petition directing that the interim order continue till disposal of IA No.4 before the trial Court; the Court expressly refrained from expressing any opinion on the merits, left the trial Court at liberty to proceed in accordance with law, and observed that pending IAs do not survive and pale into insignificance.

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NC: 2025:KHC:40047 WP No. 30089 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 30089 OF 2025 (GM-CPC)

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BETWEEN:

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SRI. VINEETH KUMAR. M. G. S/O. LATE MURTHY T. M. S, AGED ABOUT 36 YEARS, RESIDING AT NO. 43, 1ST FLOOR, 3RD 'B' CROSS, SATHYANARAYANA LAYOUT, 2ND STAGE, MAHALAKSHMIPURAM BENGALURU- 560 011.

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…PETITIONER

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(BY SRI. JAYARAJ D S., ADVOCATE)

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AND:

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA

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SMT. GIRIJA. M W/O. LATE MURTHY T. M. S, AGED ABOUT 65 YEARS, RESIDING AT NO. 43, GROUND FLOOR, 3RD 'B' CROSS, SATHYANARAYANA LAYOUT, 2ND STAGE, MAHALAKSHMIPURAM, BENGALURU- 560 086

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SRI. MAHADEVA. R, S/O. RUDRAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO. 705, 4TH MAIN ROAD, 7TH 'B' CROSS, GRUHALAKSHMI LAYOUT, NELAGADARANAHALLI, NAGASANDRA POST, BENGALURU- 560 073.

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…RESPONDENTS (BY SRI. KRISHNAMURTHY.M.R, ADVOCATE FOR R1; SRI. D.B.SATISH, ADVOCATE FOR R2)

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NC: 2025:KHC:40047 WP No. 30089 of 2025

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HC-KAR

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S. NO. 5202/2025 PENDING ADJUDICATION ON THE FILE OF THE HONBLE COURT OF XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU VIDE ANNEXUREA2., AND QUASH THE IMPUGNED ORDER DATED 25.09.2025 PASSED BY THE HONBLE COURT OF XLIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO.5202/2025 IN IA NO.4 VIDE ANNEXURE A2 AND ACCORDINGLY, RESTRAIN THE DEFENDANT NO.2 FROM PUTTING UP FURTHER CONSTRUCTION/ DEVELOPING IN WHATSOEVER NATURE OVER 50 PERCENT SHARE OF THE PLAINTIFF IN RESPECT OF ITEM NO.2 OF THE SUIT SCHEDULE PROPERTIES.

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

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL ORDER

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Petitioner/Plaintiff has filed this petition for the following reliefs:

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(a) Call for the entire records in O.S. No. 5202/2025 pending adjudication on the file of the

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NC: 2025:KHC:40047 WP No. 30089 of 2025

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HC-KAR

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Hon'ble Court of XLIV Additional City Civil and Sessions Judge Bengaluru vide ANNEXURE - A2 ;

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(b) Issue a writ in the nature of certiorari or any other appropriate writ/s or order/s quashing the impugned order dated 25.09.2025 passed by the Hon'ble Court of XLIV Additional City Civil and Sessions Judge, Bengaluru in O.S.No.5202/2025 in IA No.4 vide ANNEXURE - A2 and accordingly, restrain the defendant No. 2 from putting up further construction/developing in whatsoever nature over 50% share of the plaintiff in respect of item No. 2 of the suit schedule properties; and

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(c) Issue any other appropriate writ/s or order/s as this Hon'ble Court deems fit to pass considering the present facts and circumstances of the case inclusive of costs in the interest of justice and equity.

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During the pendency of this petition, this court

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passed an order dated 30.09.2025, as follows:

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2. In addition, learned counsel for the petitioner is permitted to serve the respondents through the counsel appearing for the respondents before the Trial Court and file proof of such service before the next date of hearing, indicating the name of the counsel on whom the service is made.

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3. Learned counsel for the petitioner seeking for grant of interim reliefs submits that I.A. No.4 has been filed to restrain the defendants from putting up any construction/developing the suit property and that the said application although having been heard on various dates, no orders were passed by the Trial

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NC: 2025:KHC:40047 WP No. 30089 of 2025

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HC-KAR

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Court till date and that the matter is posted on 09.10.2025 for orders on the application.

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4. It is further submitted that the defendants are aggressively putting up construction pending consideration of I.A. No.4 and photographs demonstrating the construction being put up have been annexed as Annexures T to W in the present writ petition.

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5. In view of the aforementioned, respondents are restrained from putting up further construction in the item No.2 of the suit property till the next date of hearing.

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6. Liberty is reserved to the respondents to seek for modification / variation of this order.

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It is submitted by learned counsel for the

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petitioner as well as learned counsel for the respondent

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Nos.1 and 2, who are the defendants before the trial

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Court, that the parties to the proceedings have argued the matter on IA No.4, which is the subject matter before this Court in detail and the trial Court has reserved the matter

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for pronouncing the orders on the said application. This being the case, it may not be required for this Court to proceed further in the matter to hearing on IA for vacating

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5 - NC: 2025:KHC:40047 WP No. 30089 of 2025

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HC-KAR

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the interim order as the trial Court has already heard all

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the parties concerned in suit proceedings on IA.No.4.

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Interim order is passed by this Court with a

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direction to respondent No.2 from putting up further construction in Item No.2 of the suit schedule property. The same shall be continued till the pronouncement of orders by the trial Court, on I.A.No.4 which is scheduled to be listed on 16.10.2025.

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