Smt Usha Ramesh Vs Karur Vysya Bank Ltd. — Writ and Judicial Review | Karnataka HC (2026)

Smt Usha Ramesh Vs Karur Vysya Bank Ltd. — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:28040 W.P. No.22821/2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.22821/2022 (GM-CPC)

BETWEEN:

SMT. USHA RAMESH (PREVIOUSLY KNONW AS USHA SRINIVASAN) W/O SRI. R. RAMESH AGED ABOUT 52 YEARS NO.51, F1 VISHAL GANESH APARTMENTS 11 B CROSS, J.P NAGAR 1ST PHASE, BANGALORE 560 078. …PETITIONER (BY SRI. RAKESH B. BHATT, ADV.,)

AND:

Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA

KARUR VYSYA BANK LTD ASSET RECOVERY BRANCH DIVISIONAL OFFICE BUILDING NO.6, SHRI VASAVI TEMPLE ROAD NEAR SAJJAN RAO CIRCLE VV PURA, BANGALORE 560004. …RESPONDENT (BY SRI. MOHAN DAS RAO T, ADV.,)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE ORDER DTD 28.09.2022 VIDE ANNEXURE-A PASSED ON IA.NO.1 IN OS.NO.6209/2022 PENDING ON THE FILE OF XX ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH-32) AND GRANT EX-PARTE INTERIM INJUNCTION AS PRAYED IN

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I.A.NO.1 FILED BEFORE THE TRIAL COURT IN THE INTEREST OF JUSTICE AND EQUITY & 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 petition is filed challenging the order dated 28.09.2022 passed on I.A.No.1 in O.S.No.6209/2022 by the XX Additional City Civil and Sessions Judge, Bengaluru (CCH 32) (for short, ‘the Trial Court’).

Heard the learned counsel for the petitioner,

the learned counsel for the respondent and perused the material available on record.

The petitioner has filed a suit for injunction in O.S.No.6209/2022. Along with the suit, the petitioner has filed an application under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’) and sought for an ex parte temporary

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injunction. The Trial Court issued the suit summons and emergent notice to the respondent on the application. Being aggrieved of non-granting of ex parte temporary injunction, the present petition is filed. It is to be noticed that this Court vide order dated 14.12.2022 has directed the parties to maintain status quo . Admittedly, the said order is in force and I.A.No.1 filed by the petitioner under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC is pending before the Trial Court for adjudication. Considering the aforesaid aspect, without expressing any opinion on the merits of the case, I am of the view that the Trial Court is required to consider I.A.No.1 filed in O.S.No.6209/2022 by the petitioner on merits and in accordance with law, after providing an opportunity of hearing to both the sides.

For the aforementioned reasons, I proceed to pass the following:

ORDER

(i) The writ petition is allowed-in-part.

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NC: 2026:KHC:28040 W.P. No.22821/2022

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(ii) The Trial Court is directed to consider I.A.No.1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC, by the petitioner-plaintiff in O.S.No.6209/2022, on merits and in accordance with law, after providing an opportunity of hearing to both the parties.

(iii) Till the order on I.A.No.1 is passed by the Trial Court, the interim order granted by this Court directing the parties to maintain status quo, shall continue.

Sd/(VIJAYKUMAR A. PATIL) JUDGE

RV List No.: 1 Sl No.: 48