Disposed¶39

Smt Bhagyalakshmamma v. Munishamappa

Karnataka HC6 Jul 2026WP/19658/2026

Case brief

AI extract

What is this about?

Article 227 writ petition; writ of certiorari; stay of injunction; interim order in miscellaneous appeal; failure to assign reasons for stay; M.A.No.13/2026; I.A.No.I; O.S.No.271/2025; I.A.Nos.1 and 5; order dated 27.04.2026; Senior Civil Judge and JMFC Chintamani; II Additional District and Sessions Judge Chikkaballapur; direction to consider vacation application on 09.07.2026; disposed of without notice to respondents; all I.As. closed; GM-CPC; WP No. 19658 of 2026; NC: 2026:KHC:33653.

What did the court decide?

Direction to the II Additional District and Sessions Judge, Chikkaballapura, sitting at Chintamani, to consider the plaintiff's application to vacate the interim order and pass appropriate orders on 09.07.2026 itself; writ petition disposed of without notice to respondents; all I.As. in the petition closed. ¶39

Smt Bhagyalakshmamma Vs Munishamappa — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶39

Issue for consideration

Whether the Appellate Court's interim order staying the trial Court's injunction (passed, as submitted, without assigning reasons) called for interference by this Court, and whether the plaintiff's application to vacate the interim order should be directed to be considered forthwith.

¶36

Court's answer

The II Additional District and Sessions Judge, Chikkaballapura, sitting at Chintamani, is directed to consider the application filed by the plaintiff to vacate the interim order and pass appropriate orders on 09.07.2026 itself.

¶39

Ratio / Principle

Accordingly, the writ petition is disposed of, and all I.As. in the petition stand closed.

¶43

Key takeaways

No notice is proposed to be issued to the respondents because no adverse orders are passed against them.ratio¶44

Detailed headnote1 paragraphs

Karnataka High Court (Hon'ble Smt. Justice Lalitha Kanneganti, single Judge) — Writ Petition No. 19658 of 2026 (GM-CPC) under Article 227 of the Constitution of India praying for certiorari against the order dated 06.06.2026 passed in I.A.No.I in M.A.No.13/2026 by the II Additional District and Sessions Judge, Chikkaballapur, sitting at Chintamani, whereby the Appellate Court stayed the injunction granted by the Senior Civil Judge and JMFC, Chintamani, by common order dated 27.04.2026 in I.A.Nos.1 and 5 in O.S.No.271/2025. Learned counsel for the petitioner/plaintiff submitted that the Appellate Court failed to give any reasons for granting stay of the trial Court's order. Noting that the interim order had been extended on 04.07.2026 and the appeal posted to 09.07.2026, the High Court directed the Appellate Court to consider the plaintiff's application to vacate the interim order and pass appropriate orders on 09.07.2026 itself, disposed of the writ petition, declined to issue notice to the respondents since no adverse orders were passed against them, and closed all I.As. in the petition.

¶1

¶2

NC: 2026:KHC:33653 WP No. 19658 of 2026

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 6^TH DAY OF JULY, 2026

¶6

BEFORE

¶7

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶8

WRIT PETITION NO. 19658 OF 2026 (GM-CPC)

BETWEEN:

SMT BHAGYALAKSHMAMMA

D/O MUNISHAMAPPA

W/O NAKKANNA

AGED ABOUT 58 YEARS

RESIDING AT, SANTHEKALLAHALLI VILLAGE KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563 128

¶15

…PETITIONER

¶16

(BY SRI. JAGADEESHA S.R., ADVOCATE)

¶17

AND:

¶18

MUNISHAMAPPA

¶19

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

¶20

S/O LATE. MUNEPPA @ANKATHATTI MUNEPPA AGED ABOUT 87 YEARS

¶21

MUNJUNATHA M., S/O MUNISHAMAPPA AGED ABOUT 49 YEARS

¶22

BASAVARAJA M., S/O MUNISHAMAPPA AGED ABOUT 46 YEARS

¶23

ALL ARE R/AT SANTHEKALLAHALLI VILLAGE KAIWARA HOBLI, CHINTAMANI TALUK,

¶24

2 - NC: 2026:KHC:33653 WP No. 19658 of 2026

¶25

HC-KAR

¶26

CHIKKABALLAPUR DISTRICT-563 128

¶27

…RESPONDENTS

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE ORDER OF THE II ADDL. DISTRICT AND SESSIONS JUDGE CHIKKABALLAPUR SITTING AT CHINTAMANI PASSED IN MA NO. 13/2026 VIDE ITS ORDER DATED 06-06-2026 ANNEXED AT J.

¶29

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

¶30

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶31

ORAL ORDER

¶32

Aggrieved by the order dated 06.06.2026 passed in I.A.No.I in M.A.No.13/2026 by the II Additional District and Sessions Judge, Chikkaballapur, sitting at Chintamani, whereby the Appellate Court stayed the order dated 27.04.2026 in I.A.No.5 in O.S.No.271/2025 passed by the Senior Civil Judge and JMFC, Chintamani, with common orders on I.A.Nos.1 and 5, the petitioner/plaintiff is before this Court.

¶33

Learned counsel appearing for the petitioner/plaintiff submits that the trial Court, considering the case of the plaintiff, had granted an injunction. Against that, an appeal was filed, and the Appellate Court had stayed the orders dated

¶34

3 - NC: 2026:KHC:33653 WP No. 19658 of 2026

¶35

HC-KAR

¶36

27.04.2026 in I.A.Nos.1 and 5 passed by the Senior Civil Judge and JMFC at Chintamani in O.S.No.271/2025. It is submitted that the Appellate Court failed to give any reasons for granting stay of the order passed by the trial Court. The Appellate Court, if it is satisfied, should have given reasons for staying the order, and without that, an order of this nature cannot be passed.

¶37

Having heard the learned counsel for the petitioner, perused the entire material on record. This is an interim order passed in the miscellaneous appeal and the matter was posted to 04.07.2026. Learned counsel submits that on 04.07.2026, the interim order was extended and the matter is posted to 09.07.2026. In that view of the matter, this Court is passing the following order:

¶38

ORDER

¶39

i. The II Additional District and Sessions Judge, Chikkaballapura, sitting at Chintamani, is directed to consider the application filed by the plaintiff to vacate the interim order and pass appropriate orders on 09.07.2026 itself.

¶40

¶41

NC: 2026:KHC:33653 WP No. 19658 of 2026

¶42

HC-KAR

¶43