Disposed¶44

Sri. K. Balakrishna Rao v. Smt. Kavya B Rao

Karnataka HC2 Apr 2026WP/10457/2026

Case brief

AI extract

What is this about?

Expedited disposal of miscellaneous appeal; writ of mandamus for timely appellate action; temporary injunction Order XXXIX Rules 1 and 2 CPC; stay application Order XLI Rule 5 r/w Section 151 CPC; M.A.No.9/2025; I.A.No.1/2025; O.S. No.114/2024; Senior Civil Judge and JMFC Virajpet; Principal Civil Judge and JMFC Virajpet; Karnataka High Court; GM-CPC; NC: 2026:KHC:18059; deadline 30.04.2026; six-month outer limit; no merits opinion expressed.

What did the court decide?

Directions to the First Appellate Court (Senior Civil Judge and JMFC, Virajpet) to dispose of I.A.No.1/2025 not later than 30.04.2026 and M.A.No.9/2025 not later than six months from receipt of a certified copy of the order; parties directed to co-operate for early disposal of both matters. ¶44

Sri. K. Balakrishna Rao Vs Smt. Kavya B Rao — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should direct the First Appellate Court (Senior Civil Judge and JMFC, Virajpet) to dispose of I.A.No.1/2025 (stay application) and M.A.No.9/2025 (appeal against the temporary injunction order) expeditiously.

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Court's answer

The First Appellate Court is directed to dispose of I.A.No.1/2025 under Order XLI Rule 5 read with Section 151 of CPC, in accordance with law and as expeditiously as possible, not later than 30.04.2026.

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Ratio / Principle

The First Appellate Court is directed to dispose of M.A.No.9/2025, in accordance with law, as expeditiously as possible, not later than six months from the date of receipt of a certified copy of the order.

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Key takeaways

Noting that all parties had been served, the Court disposed of the writ petition without expressing any opinion on the merits of the matter.ratio¶40

Detailed headnote1 paragraphs

Karnataka High Court (H.T. Narendra Prasad, J.) disposed of a writ petition under Articles 226 and 227 filed by defendant No.1 in O.S. No.114/2024 (suit for permanent prohibitory injunction) seeking a mandamus for early disposal of M.A.No.9/2025 — an appeal before the Senior Civil Judge and JMFC, Virajpet against the Trial Court's order dated 08.12.2025 allowing I.A.No.II under Order XXXIX Rules 1 and 2 r/w Section 94(3) and Section 151 CPC — and of I.A.No.1/2025 under Order XLI Rule 5 r/w Section 151 CPC (stay application), on which no order had been passed. Without expressing any opinion on the merits, the Court directed the First Appellate Court to dispose of I.A.No.1/2025 not later than 30.04.2026 and M.A.No.9/2025 not later than six months from receipt of a certified copy of the order, with parties to co-operate for early disposal.

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NC: 2026:KHC:18059 WP No. 10457 of 2026

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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 APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10457 OF 2026 (GM-CPC)

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BETWEEN:

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SRI. K. BALAKRISHNA RAO S/O. LATE SRINIVASA RAO AGED ABOUT 70 YEARS R/AT BADAGA BANANGALA VILLAGE VIRAJPET TALUK, KODAGU – 571253

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…PETITIONER

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(BY SRI. NITIN A M., ADVOCATE)

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AND:

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SMT. KAVYA B RAO W/O. KISHORE KUMAR P AGED ABOUT 34 YEARS R/O. PERUVAJE HOUSE PERUVAJE VILLAGE AND POST SULLIA TALUK-574212.

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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SMT. KALPITHA B. RAO W/O. DR AMITH KUMAR RAO AGED ABOUT 33 YEARS R/O. SHASAN APARTMENT G1, BESIDES SAMRUDDHI RESIDENCY KUTTAR JUNCTION, KUTTAR PADAV MANGALORE-575008.

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SMT. PARVATHI

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W/O. SRI. K BALAKRISHNA RAO AGED ABOUT 60 YEARS R/AT BADAGA - BANANGALA VILLAGE VIRAJPET TALUK, KODAGU – 571253.

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NC: 2026:KHC:18059 WP No. 10457 of 2026

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HC-KAR

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4. SRI. BHARATH

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S/O. SRI K BALAKRISHNA RAO AGED ABOUT 34 YEARS R/AT BADAGA, BANANGALA VILLAGE VIRAJPET TALUK, KODAGU - 571253

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS/DIRECTION TO THE HONBLE SENIOR CIVIL JUDGE AND JMFC VIRAJPET, TO DISPOSE OF THE MISCELLANEOUS APPEAL BEARING MA NO. 9/2025 I.E., ANNX-D2 WITHIN A PERIOD OF 2 WEEKS AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioner-defendant No.1

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has sought for the following relief/s:

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“a. Issue a Writ of Mandamus/Direction to the Hon'ble Senior Civil Judge and JMFC, Virajpet, to dispose of the Miscellaneous Appeal bearing M A No. 9/2025, i.e., ANNEXURE- D2, within a period of two weeks;

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b. To pass such other orders as this Hon'ble court deems fit and necessary,considering the facts and circumstances of this petition, in the interest of justice and equity.”

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3 - NC: 2026:KHC:18059 WP No. 10457 of 2026

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HC-KAR

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For the sake of convenience, the parties are referred to as per their ranking before the Principal Civil Judge and JMFC, Virajpet (hereinafter referred to as ‘Trial Court’ for short) in Original Suit.

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Learned counsel for the petitioner-defendant No.1 submitted that the plaintiffs have filed a suit seeking for relief of permanent prohibitory injunction. Along with the plaint, they filed I.A.No.II under Order XXXIX Rules 1 and 2 r/w. Section 94(3) and Section 151 of the CPC. The Trial Court, by order dated 08.12.2025, allowed the said application. Aggrieved by the same, the defendants preferred an appeal before the Senior Civil Judge and JMFC, Virajpet (hereinafter referred to as the ‘First Appellate Court’) in M.A.No.9/2025, seeking to set aside the order dated 08.12.2025 passed by the Trial Court on I.A.No.II in O.S. No.114/2024. Along with the appeal, they also filed I.A.No.1/2025 under Order XLI Rule 5 read with Section 151 of the CPC, seeking the stay of the operation of the said order. However, no order has been passed on

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4 - NC: 2026:KHC:18059 WP No. 10457 of 2026

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HC-KAR

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the said application so far. Hence, the learned counsel for

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the petitioner is before this Court seeking a direction for early disposal of the said application as well as the appeal pending before the First Appellate Court in M.A.No.9/2025.

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Having considered the facts and circumstances of the

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case, and noting that all parties have been served, this Court, without expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition with a direction to the First Appellate Court to dispose of

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the petitioner’s application as well as the appeal in M.A.No.9/2025 as expeditiously as possible.

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Accordingly, the following order is passed:

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ORDER

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a) The writ petition is disposed of .

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b) The First Appellate Court is directed to dispose

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of I.A.No.1/2025 under Order XLI Rule 5 read with Section 151 of CPC, in accordance with law and as expeditiously as possible, not later than 30.04.2026.

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5 - NC: 2026:KHC:18059 WP No. 10457 of 2026

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HC-KAR

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c) The First Appellate Court is also directed to

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dispose of M.A.No.9/2025, in accordance with law, as expeditiously as possible, not later than six months from the date of receipt of a certified copy of this order.

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c) Parties are directed to co-operate for early disposal of the said I.A.No.1/2025 as well as M.A.No.9/2025.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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LIST NO.: 1 SL NO.: 54

Sri. K. Balakrishna Rao v. Smt. Kavya B Rao

Case brief

What is this about?

What did the court decide?

Sri. K. Balakrishna Rao v. Smt. Kavya B Rao

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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