Smt. Muttamma Vs Sri. Muthuraju — Writ and Judicial Review | Karnataka HC (2026)

Smt. Muttamma Vs Sri. Muthuraju — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of; temporary injunction granted by the trial Court on 22.12.2021 in O.S.No.445/2020 remains in force till disposal of the suit.

Issue for consideration

Whether the final appellate order dated 22.04.2022 in MA No.01/2022 (Senior Civil Judge, Maddur) should be quashed and the trial Court's order of temporary injunction dated 22.12.2021 in O.S.No.445/2020 confirmed, keeping the injunction alive till disposal of the suit. +1 more

Court's answer

The interest of justice would be met by keeping the temporary injunction granted by the trial Court dated 22.12.2021 in force till the disposal of the suit.

Ratio / Principle

At the present stage it is neither necessary nor appropriate to re-examine the findings with regard to prima facie case, balance of convenience and irreparable injury, as the parties seek permanent injunction in the suit which is already under trial.

Key takeaways

Accordingly, the writ petition is disposed of and the temporary injunction granted by the trial Court on 22.12.2021 shall remain in force till disposal of the suit.ratio¶44
This Court has not expressed any opinion on the merits of the case.ratio¶39
The trial Court shall dispose of the suit on its own merits, without being influenced by the findings recorded in its earlier order dated 22.12.2021 or in the Appellate Court's order dated 22.04.2022 in MA.No.1/2022.ratio

Detailed headnote1 paragraphs

Writ Petition (Art. 227, Constitution of India) - interim injunction - High Court of Karnataka (Vijaykumar A. Patil, J.), order dated 26.03.2026: Petitioner sought quashing of the Appellate Court's (Senior Civil Judge, Maddur) order dated 22.04.2022 in MA.No.1/2022, which had allowed the defendants'/respondents' appeal and set aside the trial Court's (Principal Civil Judge & JMFC, Maddur) temporary injunction dated 22.12.2021 in O.S.No.445/2020 on the ground that the plaintiff failed to make out a prima facie case; this Court's interim order of 22.07.2022 had stayed the appellate order, keeping the injunction in force, with the suit then at the stage of trial. Holding that, at that stage, it was neither necessary nor appropriate to re-examine the findings on prima facie case, balance of convenience and irreparable injury, the Court disposed of the writ petition directing that the trial Court's temporary injunction of 22.12.2021 remain in force till disposal of the suit. The Court expressly recorded that it expressed no opinion on the merits and directed the trial Court to dispose of the suit on its own merits, uninfluenced by its earlier order dated 22.12.2021 or the Appellate Court's order dated 22.04.2022.

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NC: 2026:KHC:17266 W.P. No.11714/2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.11714/2022 (GM-CPC)

BETWEEN:

Digitally signed by ARSHIFA BAHAR KHANAM

Location: HIGH COURT OF KARNATAKA

SMT. MUTTAMMA W/O LATE PUTTASWAMY D/O LATE HOLASALEGOWDA AGED ABOUT 62 YEARS R/AT. VALAGEREHALLI MADDUR TALUK MANDYA DISTRICT-571428.

…PETITIONER

(BY SRI. SANCHAN JAINANDAN, ADV., FOR SRI. G. BALAKRISHNA SHASTRY, ADV.,)

AND:

SRI. MUTHURAJU S/O LATE HOLASALEGOWDA AGED ABOUT 52 YEARS.

SMT. LAXMI W/O MUTHURAJU AGED ABOUT 44 YEARS.

KUM. POORNIMA D/O MUTHURAJU AGED ABOUT 23 YEARS.

ALL ARE R/O VALAGEREHALLI VILLAGE MADDUR TALUK MANDYA DISTRICT-571428.

…RESPONDENTS

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NC: 2026:KHC:17266 W.P. No.11714/2022

HC-KAR

(BY SRI. RAJA L, ADV., FOR R1 TO R3)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN OS.NO.445/2020 PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, AT MADDUR AND IN MA NO.01/2022 ON THE FILE OF THE SR.CIVIL JUDGE AT MADDUR. QUASH THE FINAL ORDER DATED 22.04.2022 IN MA NO.01/2022 PASSED BY THE SR. CIVIL JUDGE AT MADDUR VIDE ANNEXURE-A AND CONSEQUENTLY MAY CONFIRM THE ORDER DATED 22.12.2021 IN OS.NO.445/2020 PASSED BY THE PRL.CIVIL JUDGE AND JMFC AT MADDUR VIDE ANNEXUREB & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This writ petition is filed to quash the order dated 22.04.2022 passed in MA.No.1/2022 by the Senior Civil

Judge, Maddur and sought to confirm the order dated 22.12.2021 in O.S.No.445/2020 passed by the Principal Civil Judge & JMFC, Maddur.

Heard Sri.Sanchan Jainandan, learned counsel

for Sri.G.Balakrishna Shastry, learned counsel for the

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NC: 2026:KHC:17266 W.P. No.11714/2022

HC-KAR

petitioner and Sri.Raja L., learned counsel for the respondent.

This petition is filed challenging the order dated 22.04.2022 passed by the Appellate Court in MA.No.1/2022, whereby the appeal filed by the defendants/respondents was allowed and the order of temporary injunction granted by the trial Court dated 22.12.2021 in OS.No.445/2020 was set aside by recording the finding that the plaintiff has failed to make out a prima facie case. It is noticed that this Court, by a detailed order dated 22.07.2022, stayed the operation of the impugned order dated 22.04.2022 passed in MA.No.1/2022. Consequently, the order of temporary injunction granted by the trial Court on 22.12.2021 in OS.No.445/2020 has remained in force. The said interim order of this Court dated 22.07.2022 is in force till this day and it is not in dispute that the suit is presently at the stage of trial.

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HC-KAR

In my considered view, at this stage, it is neither necessary nor appropriate to re-examine the findings with regard to prima facie case, balance of convenience and irreparable injury in favour of the plaintiff or the defendants, as the parties are seeking the relief of permanent injunction in the aforesaid suit and the matter is already under trial. I am of the view that, the interest of justice would be met, if the temporary injunction granted by the trial Court dated 22.12.2021 is kept in force till the disposal of the suit. However, it is made clear that this Court has not expressed any opinion on the merits of the case. The trial Court shall dispose of the suit on its own merits, without being influenced by the findings recorded in its earlier order dated 22.12.2021 or in the order of the Appellate Court dated 22.04.2022 passed in MA.No.1/2022.

For the aforementioned reasons, the writ petition is disposed of , the order of the temporary

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HC-KAR

injunction granted by trial Court on 22.12.2021 shall remain in force till disposal of the suit.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

ABK

List No.: 1 Sl No.: 32