Smt. Geetha Vs Sri. Yellappa — Writ and Judicial Review | Karnataka HC (2025)

Smt. Geetha Vs Sri. Yellappa — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:39379 WP No. 30154 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF OCTOBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 30154 OF 2025 (GM-CPC)

BETWEEN:

SMT. GEETHA W/O VYBHAV MANBHAVADHAR AGED ABOUT 44 YEARS, R/AT DOMMASANDRA VILLAGE, SARJAPAURA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT, PIN- 562 125.

…PETITIONER

(BY SRI. VIKAS M., ADVOCATE)

AND:

SRI. YELLAPPA S/O LATE PAPAIAH AGED BOUT 46 YEARS

Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

SRI MANJUANTHA S/O LATE PAPAIAH AGED BOUT 44 YEARS

SRI MUNISWAMY S/O LATE PAPAIAH AGED BOUT 40 YEARS

SRI KRISHNA S/O LATE PAPAIAH AGED BOUT 38 YEARS

SRI MADHU S/O LATE PAPAIAH

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AGED BOUT 36 YEARS

RESPONDENT NO.1 TO 5 RESIDING AT THIGALA COWDADENAHALLI VILLAGE, SARJAPURA HOBLI ANEKAL TALUK BANGALORE DISTRICT PIN- 562 125

…RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASH THE IMPUGNED ORDER DATED 24.09.2025 PASSED IN OS NO. 706/2025 IN THE COURT OF III ADDL. CIVIL JUDGE AND JMFC, ANEKAL TO THE EXTENT OF NOT GRANTING EXPARTE TEMPORARY INJUCTION IN FAVOUR OF THE PETITIONER AND AGAINST THE RESPONDENTS VIDE ANNEXURE-A.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Present petition is filed by the plaintiff in O.S.No.706/2025 pending consideration on the file of the Principal Civil Judge and JMFC, Anekal being aggrieved by the order dated 25.09.2025 passed by the Trial Court

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issuing emergent notice and suit summons to defendants

by hand and posting the matter to 15.10.2025.

Learned counsel for the petitioner submit that the petitioner herein is the defendant in a collateral proceeding in O.S.No.183/2022 initiated by the respondents herein and the said suit is pending consideration. He submit that an application for interim relief filed by the respondents in the said suit in O.S.No.183/2022 has been rejected. Despite the same, the respondents are interfering with the peaceful possession and enjoyment of the plaint schedule property by the petitioner/plaintiff. Hence, she filed a separate suit in O.S.No.706/2025. The trial Court under the circumstances ought not to have declined the prayer for an exparte ad interim order of temporary injunction.

After arguing the matter for some time, the learned counsel for the petitioner submit that if a direction

is given to the trial Court to dispose of the application filed by the petitioner expeditiously after service of notice to

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the respondent, the purpose of this petition would be

served.

4. Submission taken on record.

Accordingly, this writ petition is disposed of

directing the trial Court to dispose the application in I.A.No.1 in O.S.No.706/2025 as expeditiously as possible in

accordance with law within a period of one month from the date of service of notice on the respondents.

Sd/(M.G.S. KAMAL) JUDGE

GSR

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