Smt. G. J. Krishnaveni v. Smt. Gayithri

Karnataka HC7 Jan 2026WP/37081/2025

Case brief

AI extract

What is this about?

Article 227 writ against Trial Court inaction/delay in deciding interlocutory application; Order XXXIX Rule 3 and 4 CPC application to vacate ad interim ex parte temporary injunction; direction for time-bound disposal of I.A. within two weeks; Karnataka High Court GM-CPC; Civil Judge Gudibande; O.S.No.212/2025; Chikkaballapura; expedite disposal of injunction-vacation application; rival contentions kept open.

What did the court decide?

Petition disposed of by directing the Civil Judge, Gudibande to dispose of I.A.No.2 (defendant No.5's application to vacate the ad interim ex parte temporary injunction in O.S.No.212/2025) within two weeks from the next date of hearing, i.e., 14.01.2026; all rival contentions kept open and no opinion expressed; costs sought in prayer (d) not granted. ¶¶39

Smt. G. J. Krishnaveni Vs Smt. Gayithri — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:968 WP No. 37081 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 37081 OF 2025 (GM-CPC)

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BETWEEN:

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SMT. G. J. KRISHNAVENI W/O. BADRINATHA K.P., AGED ABOUT 39 YEARS, RESIDING AT NO. 1057, MAIN ROAD, 7^TH WARD, GUDIBANDE TOWN AND TALUK, CHIKKABALLAPURA DISTRICT.

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…PETITIONER

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(BY SRI. SWAROOP S., ADVOCATE)

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AND:

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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SMT. GAYITHRI D/O. NARAYANAPPA, W/O. GANGARAJU, AGED ABOUT 33 YEARS, R/A. LAGUMADDEPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT.

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SRI. GANGARAJA S/O. NARAYANAPPA, AGED ABOUT 30 YEARS, R/A. BEECHAGANAHALLI VILLAGE, SOMENAHALLI VILLAGE AND HOBLI, GUDIBANDE TALUK, CHIKKABALLAPURADISTRICT.

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…RESPONDENTS

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THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 21.11.2025 PASSED BY CIVIL JUDGE, GUDIBANDE IN O.S NO. 212/2025 SHOWING INACTION TO CONSIDER THE IA NO. 2 FILED BY THE

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NC: 2026:KHC:968 WP No. 37081 of 2025

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HC-KAR

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PETITIONER UNDER ORDER XXXIX RULE 3 AND 4 OF CPC VIDE ANNX-A AND ETC.,

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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 MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner seeks the following reliefs:

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“a) Set aside the order dated 21.11.2025 passed by Civil Judge, Gudibande in O.S.No.212/2025 showing inaction to consider the I.A.No.2 filed by the Petitioner under Order XXXIX Rule 3 and 4 of CPC.

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b) Direct the Civil Judge, Gudibande to immediately hold enquiry on whether the respondents have complied with the provisions under Order XXXIX Rule 3 of CPC after availing the ad interim order dated 07.08.2025 passed in O.S.No.212/2025 in consideration of I.A.No.2

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c) Direct the Civil Judge, Gudibande to immediately dispose of I.A.No.2 filed by the Petitioner under Order XXXIX Rule 3 of CPC in O.S.No.212/2025.

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d) Grant costs of these proceedings.”

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Heard learned counsel for the petitioner and perused

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the material on record.

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Learned counsel for the petitioner submits that the petitioner, who is defendant No.5 in O.S.No.212/2025 has filed an application, I.A.No.2, seeking vacating the ad interim exparte order

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NC: 2026:KHC:968 WP No. 37081 of 2025

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HC-KAR

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of temporary injunction, which has not been disposed of by the Trial Court even till today and as such, there is urgency in the matter. It is also submitted that the matter is posted before the Trial Court on 14.01.2026 and the Trial Court may be directed to dispose of the aforesaid interlocutory application, within a stipulated time frame.

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In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by directing the Trial Court to dispose of application, I.A.No.2 filed by defendant No.5, seeking vacating the ad interim exparte order of temporary injunction within a period of two weeks from the next date of hearing i.e., 14.01.2026. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.

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Subject to the aforesaid observations and directions,

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the petition stands disposed of.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC List No.: 3 Sl No.: 6

Smt. G. J. Krishnaveni v. Smt. Gayithri

Case brief

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Smt. G. J. Krishnaveni v. Smt. Gayithri

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