Sri. R Somashekara Reddy Vs Sri. Muniraju M

SRI. M. RAVEENDRA, AGED ABOUT 59 YEARS, S/O. LATE MUNIVENKATAPPA, NO.32/1, 3^RD CROSS, 1^ST 'A' MAIN, JAYANAGAR, 1^ST BLOCK, EAST BYRASANDRA, BENGALURU – 560 010.

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SMT. JAYAMMA AGED ABOUT 82 YEARS, W/O. LATE MUNIVENKATAPPA, R/AT NO.17, I CROSS, 1^ST MAIN, JAYANAGAR, 1^ST BLOCK EAST, BYRASANDRA, BENGALURU – 560 011.

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…RESPONDENTS

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(BY SRI. ANAND BEERANNAVAR, ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD. 09.12.2025 PASSED IN O.S.NO.1320/2025 ON THE FILE OF THE COURT OF PRINCIPAL CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN GRANTING EX-PARTE INTERIM ORDER ON I.A.NO.1 AT ANNX-G TO THE WRIT PETITION BY ALLOWING THE PRESENT PETITION AND CONSEQUENTLY DIMSISSED I.A. NO.1 ORDER 39 RULE 1 AND 2 R/W SEC 15 CPC.

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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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NC: 2026:KHC:8494 WP No. 38479 of 2025

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HC-KAR

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ORAL ORDER

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In this petition, the petitioners seek the following reliefs:

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“(a) Issue an appropriate writ, direction or order quashing order dated 09.12.2025 passed in O.S.No.1320/2025 on the file of the Court of Principal Civil Judge, Bangalore Rural District, Bangalore in granting exparte interim order on I.A.No.1 at Annexure-G to the Writ Petition, by allowing the present petition; and consequently, dismissed I.A.No.1 filed under Order 39 Rules 1 and 2 r/w. Section 151 CPC.

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(b) Grant Costs throughout;

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(c) Grant such other relief/s as this Hon’ble Court

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may deem fit to grant in the facts and circumstances of the case and in the interest of justice and equity.”

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Heard learned counsel for the petitioners and learned

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counsel for the respondents and perused the material on record.

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When the matter came up before this Court,

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on13.01.2026, this Court passed the following interim order:

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“ ORAL ORDER ON I.A.No.1/2025

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Heard.

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Accepting the reasons stated in the application, I.A.No.1/2025 is allowed and production of certified copy of Annexure-G is dispensed with for the present.

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NC: 2026:KHC:8494 WP No. 38479 of 2025

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HC-KAR

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Issue emergent notice to the respondents returnable by 11.02.2026.

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In the meanwhile, there shall be an interim order of stay as prayed for in the petition, till the next date of hearing.

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Liberty is reserved in favour of respondents to seek vacation/modification of this order.”

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Learned counsel for the petitioners submits that though the earlier round of litigation between the predecessors in title of the petitioners and respondents had culminated in Execution No.379/2019 before the Trial Court, the said fact regarding the aforesaid execution proceedings have been suppressed by the respondents while instituting the aforesaid suit and obtaining the impugned order, which deserves to be set aside.

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Per contra , Learned counsel for the respondents would submit that aggrieved by the orders passed by the Executing Court in Execution No.379/2019, the respondents have preferred CRP No.459/2023, which is pending before this Court and there is no interim order passed in the said proceedings before this Court. Be that as it may, a perusal of the plaint averments will indicate that the respondents-plaintiffs have not referred to the aforesaid

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NC: 2026:KHC:8494 WP No. 38479 of 2025

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HC-KAR

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execution proceedings in Execution No.379/2019, to which the respondents were not only parties but had challenged the same before this court in CRP No.459/2023, much prior to institution of the instant suit.

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Under these circumstances, though several

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contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to set aside the impugned order and remit the matter back to the Trial Court for reconsideration of IA No.1 filed by the respondents for temporary injunction, in accordance with law.

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In the result, I pass the following:

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ORDER

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(i) The petition is hereby allowed.

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(ii) The impugned order dated 09.12.2025 passed on I.A.No.1 in O.S.No.1320/2025 by the Principal Civil Judge, Bengaluru Rural District, Bengaluru, is hereby set aside.

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NC: 2026:KHC:8494 WP No. 38479 of 2025

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HC-KAR

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(iii) The Trial Court is directed to dispose of I.A. No.1, in accordance with law.

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(iv) The matter is remitted back to the Trial Court for disposal of I.A.No.1 afresh, in accordance with law, after hearing both sides within a period of one month from next date of hearing i.e., 25.02.2026.

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(v) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC

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List No.: 2 Sl No.: 14

Sri. R Somashekara Reddy v. Sri. Muniraju M

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Sri. R Somashekara Reddy v. Sri. Muniraju M

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