Kalegowda Vs C K Rajeshwari — Writ and Judicial Review | Karnataka HC (2026)

Kalegowda Vs C K Rajeshwari — Writ and Judicial Review | Karnataka HC (2026)

NC: 2026:KHC:22238 WP No. 12751 of 2026

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12751 OF 2026 (GM-CPC)

BETWEEN:

KALEGOWDA

S/O LATE PUTTASWAMY GOWDA AGED ABOUT 73 YEARS R/AT NO. 22, II CROSS PUNJAB NATIONAL BANK COLONY KONANKUNTE, JP NAGARA 9^TH STAGE BENGALURU-560 062.

MANJEGOWDA S/O LATE PUTTASWAMYGOWDA AGED ABOUT 55 YEARS

Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

RAMEGOWDA @ MANJEGOWDA S/O LATE PUTTASWAMY GOWDA AGED ABOUT 53 YEARS

SOMEGOWDA S/O LATE PUTTASWAMYGOWDA

PETITIONERS 2 TO 4 ARE R/AT HEGGADAHALLY VILLAGE KASABA HOBLI, KR PETE TALUK MANDYA-571 426.

…PETITIONERS

(BY SRI KUSHAL GOWDA, ADVOCATE FOR SRI. ABHINAY YT., ADVOCATE)

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AND:

C K RAJESHWARI W/O H V VENKATAIAH AGED ABOUT 60 YEARS REP. BY HER POA H V VENKATAIAH S/ON OF LATE VENKATARAMANAIAH

RESPONDENT ANT GPA HOLDER ARE R/AT NO. 1438/2, SIDDARTHA HOSTEL ROAD 5^TH CROSS, KRISHNAMURTHY PURAM MYSORE 570 004.

…RESPONDENT

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS AND DIRECT THE HON’BLE CIVIL JUDGE AND JMFC, KR PETE TO DISPOSE OF INTERLOCUTORY APPLICATION (IA NO. 1) FILED UNDER ORDER 39 RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE, 1908 IN OS NO. 553 OF 2025 (ANNEXURE E) EXPEDITIOUSLY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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

ORAL ORDER

In this writ petition, the petitioners-defendants have

sought for a direction to the Principal Civil Judge and JMFC, K.R.Pete (for short ‘Trial Court’) to dispose of

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I.A.No.1 filed by the plaintiff under Order XXXIX Rule 1

and 2 of CPC in O.S.No.553/2025 as expeditiously.

For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.

The plaintiff a suit in O.S.No.553/2025 before the Trial Court seeking for relief of permanent injunction. Along with the suit, plaintiff filed I.A.No.I under Order XXXIX Rule 1 and 2 of CPC. The Trial Court by order dated 22.07.2025 granted an exparte order of temporary injunction. After issuance of suit summons, the defendants appeared and filed written statement. Both the parties have completed their arguments on the application. But the Trial Court has not passed any order on the application. Therefore, the present writ petition is filed seeking for early disposal of the said application.

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The learned counsel for the petitioners-defendants

has contended that despite defendants filing written statement and objections to the application, the Trial Court without passing any order on the application is adjourning the matter and extending the interim order. Therefore, he sought for early disposal of the application.

Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible.

6. Accordingly, the following order is passed:

ORDER

a) The writ petition is disposed of .

b) The Trial Court is directed to dispose of the application filed under Order XXXIX Rule 1 and

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2 of CPC in accordance with law on or before

30.06.2026.

c) Parties are directed to co-operate for early disposal of the application.

Sd/(H.T. NARENDRA PRASAD) JUDGE

DM

LIST NO.: 1 SL NO.: 28