Sri Muniyappa Vs M/S Shine Educational and… — Writ and Judicial Review | Karnataka HC (2026)

Sri Muniyappa Vs M/S Shine Educational and… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of without interfering with the impugned orders of the Trial Court and First Appellate Court; O.S.No.482/2024 ordered to be withdrawn from the Additional Civil Judge and JMFC, Devanahalli and transferred to the Senior Civil Judge and JMFC, Devanahalli for clubbing/consolidation and joint disposal with O.S.No.69/2022; all rival contentions kept open; respondent's compound wall to stand without prejudice and subject to the final outcome of both suits without equities; both suits to be disposed preferably within one year.

Issue for consideration

Whether the impugned temporary injunction order dated 09.04.2025 passed in O.S.No.482/2024 (Anx-G) and the impugned order dated 15-10-2025 passed in M.A.No.9/2025 (Annexure-A) should be quashed, as prayed for by the petitioners-defendants. +1 more

Court's answer

The Court deemed it just and appropriate to dispose of the petition without interfering with the impugned orders of the Trial Court and the First Appellate Court, directing the Trial Court to dispose of the suit as expeditiously as possible without being influenced by the findings and observations recorded in the impugned orders.

Ratio / Principle

O.S.No.482/2024 was directed to be withdrawn from the Additional Civil Judge and JMFC, Devanahalli and transferred to the court of the Senior Civil Judge and JMFC, Devanahalli, to be clubbed, consolidated, tried and disposed of along with O.S.No.69/2022 in accordance with law; the registry was directed to take the necessary steps accordingly.

Key takeaways

All rival contentions between all the parties in both the suits were kept open and no opinion was expressed on the same.ratio¶50
The compound wall put up/to be put up by the respondent on the suit schedule property involved in O.S.No.482/2024 was directed to be without prejudice to the rights and contentions of the parties, subject to the final outcome of both the suits, with the respondent not permitted to claim any equities in this regard.ratio¶51
The Trial Court was directed to dispose of both suits as expeditiously as possible, preferably within a period of one year from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Defendants (petitioners) in O.S.No.482/2024 before the Additional Civil Judge and JMFC, Devanahalli filed this writ petition under Articles 226 and 227 of the Constitution of India seeking quashing of (i) the temporary injunction order dated 09.04.2025 (Anx-G) passed on I.A.Nos.4 and 5 in favour of the respondent-plaintiff, M/S Shine Educational and Management Consultant Pvt Ltd, and (ii) the order dated 15-10-2025 (Annexure-A) in M.A.No.9/2025 by which the I Additional Senior Civil Judge and JMFC, Devanahalli dismissed their appeal. Observing that several disputed questions of law and fact would necessarily have to be decided only after a full-fledged trial, and noting the pendency of a previously instituted suit O.S.No.69/2022 (by petitioner No.1 against his family members and the respondent as defendant No.13) before the Senior Civil Judge and JMFC, Devanahalli, the High Court disposed of the petition without interfering with the impugned orders. O.S.No.482/2024 was directed to be withdrawn from the Additional Civil Judge and JMFC, Devanahalli and transferred to the Senior Civil Judge and JMFC, Devanahalli for clubbing, consolidation and joint disposal with O.S.No.69/2022, preferably within one year. All rival contentions were kept open with no opinion expressed, and the compound wall put up/to be put up by the respondent on the suit schedule property was directed to be without prejudice to the parties' rights, subject to the final outcome of both suits, with no equities claimable by the respondent.