N B Viswanatha Vs City Institute

…RESPONDENT (BY SRI. RAVI H.K, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 20.12.2025 PASSED ON IA NO.2 IN OS NO.02/2026 (VACATION COURT OS NO.61/2025) PENDING ON THE HONBLE PRINCIPAL CIVIL JUDGE AND JMFC AT CHITRADURGA AT ANNEXURE-A INSOFAR AS IT REFUSES TO GRANT AD-INTERIM EX-PARTE INJUNCTION/STAY AND ETC.

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(BY SRI. RAVI H.K, ADVOCATE)

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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NC: 2026:KHC:7261 WP No. 1688 of 2026

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HC-KAR

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ORAL ORDER

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In this petition, the petitioner seeks for the following reliefs:-

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a. "Set aside the impugned order dated 20.12.2025 passed on IA No.2 in O.S. No.02/2026 (Vacation Court O.S. No.61/2025) pending on the Hon'ble Principal Civil Judge and JMFC at Chitradurga at Annexure-A insofar as it refuses to grant ad-interim ex-parte injunction/stay;

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b. Grant an order of ad-interim ex-parte injunction/stay as sought in I.A. No.2 by staying the operation and implementation of the termination order dated 30.10.2025 issued by the Respondent at Annexure-C.

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c. Pass any other order or direction, as this Hon'ble Court may deem appropriate, in the interest of justice and equity."

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Though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the application I.A.No.2 for temporary injunction filed by the petitioner / plaintiff against the respondent / defendant is still pending consideration before the trial Court which has posted the suit to 26.03.2026.

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Without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to direct the trial Court to prepone / advance the suit from 26.03.2026 to 20.02.2026

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NC: 2026:KHC:7261 WP No. 1688 of 2026

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HC-KAR

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and direct the trial Court to dispose of the application - I.A.No.2. In

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the result, I pass the following:-

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ORDER

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i. The petition is hereby disposed of .

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ii. The trial Court before whom the suit in O.S.No.02/2026 (Vacation Court O.S.No.61/2025) stands posted on 26.03.2026 is directed to prepone / advance the suit from 26.03.2026 to 20.02.2026.

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iii. The defendant is directed to file his written statement, objections, documents etc. without seeking any adjournment under any circumstances whatsoever on 20.02.2026 .

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iv. The trial Court is directed to consider and pass appropriate orders on I.A.No.2 for temporary injunction filed by the petitioner / plaintiff within a period of one month from 20.02.2026 .

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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MH/-

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List No.: 2 Sl No.: 53

N B Viswanatha v. City Institute

Case brief

What is this about?

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N B Viswanatha v. City Institute

Case brief

What is this about?

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What the court decided

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