Sri. Ravi. N. Shankar v. Smt. S. Anitha

Karnataka HC13 Jul 2026WP/19228/2026

Case brief

AI extract

What is this about?

Writ Petition No. 19228 of 2026 (GM-CPC), High Court of Karnataka, decided 13.07.2026 by Lalitha Kanneganti, J. Articles 226/227 Constitution of India; ex parte defendants (orders dated 28.01.2026 and 29.04.2026); order dated 03.06.2026 of XLI Addl. City Civil & Sessions Judge, Bengaluru in OS No.8853/2025 directing fresh notice on I.A.No.2 set aside; trial court to consider I.A.No.2 on merits; order sheet; ad-interim injunction and police protection application (per counsel's submission); plaintiff-petitioner Ravi N. Shankar; respondents include Vaishnavi Mandara Apartment Owners Welfare Association.

What did the court decide?

Order dated 03.06.2026 in OS.No.8853/2025 (directing fresh notice on I.A.No.2) set aside; trial court directed to consider I.A.No.2 on the merits; pending I.As. in the writ petition closed ¶42-43

Sri. Ravi. N. Shankar Vs Smt. S. Anitha — Company and Corporate | Karnataka HC (2026)

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NC: 2026:KHC:35554 WP No. 19228 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 13^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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WRIT PETITION NO. 19228 OF 2026 (GM-CPC)

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BETWEEN:

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SRI. RAVI. N. SHANKAR S/O.NATESH IYER AGED ABOUT 69 YEARS R/A.NO.38, STERLING HEIGHTS SUIT 201, 9^TH CROSS, 11^TH MAIN MALLESHWARAM, BENGALURU-03

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…PETITIONER

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(BY SMT.PRIYA A., ADVOCATE FOR SRI.NITIN A.M., ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SMT. S. ANITHA W/O.N.SREENIVAS AGED ABOUT 55 YEARS R/A 208, 2^ND MAIN, MAHALAKSHMI LAYOUT BENGALURU-560 086

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SRI. N. SREENIVAS S/O.NARAYANA SHETTY AGED ABOUT UNKNOWN NO.43/1, TUMKUR ROAD YESHWANTHAPURA, BENGALURU-22

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M/S VAISHNAVI INFRASTRUCTURE CORRIDOR ENTERPRISES PVT. LTD.,

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NC: 2026:KHC:35554 WP No. 19228 of 2026

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HC-KAR

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A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, NO.43/1, TUMKUR ROAD, YESHWANTHAPURA BENGALURU-22 REPRESENTED BY ITS MANAGING DIRECTOR

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SMT. UMA SREENIVAS W/O OF SRI. N. SREENIVAS AGED ABOUT UNKNOWN NO.43/1, TUMKUR ROAD YESHWANTHAPURA, BENGALURU-22

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VAISHNAVI MANDARA APARTMENT OWNERS WELFARE ASSOCIATION HAVING ADDRESS AT NO.46, BEARING PID NO.11-59-46, INDUSTRIAL SUBURB, 3^RD CROSS ROAD, 2ND STAGE, YESHWANTHAPURA, BENGALURU-560 022

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASHING AND SETTING ASIDE THE ORDER DATED 03.06.2026 PASSED BY THE LEARNED TRIAL COURT IN IA NO. 2/2025 IN OS NO. 8853/2025 i.e., ANNEXURE-D TO THE EXTENT IT DIRECTS FRESH ISSUANCE OF NOTICE ON IA NO. 2/2025.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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3 - NC: 2026:KHC:35554 WP No. 19228 of 2026

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HC-KAR

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ORAL ORDER

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The present writ petition is filed challenging the order dated 03.06.2026 passed in OS.No.8853/2025 by the XLI Addl. City Civil & Sessions Judge, Bengaluru, whereby the trial court directed the issuance of notice to the defendants on I.A.No.2. The Plaintiff is before this court.

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Learned counsel appearing for the petitioner submits that by orders dated 28.01.2026 and 29.04.2026, defendant Nos. 2 to 5 and defendant No. 1 were placed ex parte, respectively. It is submitted that when an Ad-interim injunction is granted and the petitioners file an application seeking police protection, the trial court again orders notice to the respondent. It is submitted that, since the defendants were already set ex parte, the question of issuing notice to the defendants will not arise.

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This court has perused the order sheet. From the order sheet, it appears that the trial court has placed the defendants ex parte by Orders dated 28.01.2026 and 29.04.2026.

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NC: 2026:KHC:35554 WP No. 19228 of 2026

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HC-KAR

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In that view of the matter, this court is passing the following:

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ORDER

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