B.N.Srinivasa Murthy Vs Smt. Vijayalakshmi… — Writ and Judicial Review | Karnataka HC (2026)

B.N.Srinivasa Murthy Vs Smt. Vijayalakshmi… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both writ petitions disposed of; impugned appellate order dated 05.01.2026 confirmed (plaintiff's Order XXXIX Rules 1 and 2 application stays allowed, defendant's Order XXXIX Rule 1(a) application stays rejected); both parties barred from creating third-party interests over the suit schedule property till suit disposal; Trial Court directed to dispose of the suit within one month of receiving a certified copy of this order.

Issue for consideration

Whether the writ petitions under Article 227 should result in setting aside, via writ of certiorari, the First Appellate Court's common order dated 05.01.2026 in M.A.No.12/2024 and M.A.No.13/2024 — challenged insofar as it rejected the defendant's I.A.No.II (W.P. 4027/2026) and allowed the plaintiff's I.A.No.I in O.S.No.340/2023 (W.P. 4025/2026).

Court's answer

The writ petitions are disposed of.

Ratio / Principle

The impugned order dated 05.01.2026 passed by the Principal Senior Civil Judge & JMFC, Devanahalli, in M.A.No.12/2024 and M.A.No.13/2024 is confirmed; accordingly the plaintiff's temporary-injunction application under Order XXXIX Rules 1 and 2 CPC stands allowed and the defendant's application under Order XXXIX Rule 1(a) CPC stands rejected.

Key takeaways

The parties are directed not to create any third party interest over the suit schedule property till the disposal of the suit.ratio¶63
The Trial Court is directed to dispose of the suit as expeditiously as possible, not later than one month from the date of receipt of certified copy of this order.ratio¶64

Detailed headnote1 paragraphs

High Court of Karnataka (H.T. Narendra Prasad, J.), 04.03.2026 — W.P. Nos. 4027 & 4025 of 2026 (GM-CPC), c/w — Twin Article 227 certiorari petitions by the defendant (B.N. Srinivasa Murthy) against the common order dated 05.01.2026 of the First Appellate Court (Principal Senior Civil Judge & JMFC, Devanahalli) in M.A. Nos. 12/2024 & 13/2024, which had reversed the Trial Court's 23.02.2024 interim position in O.S. No. 340/2023 (suit for bare injunction between brother and sister, pleadings complete) by allowing the plaintiff's temporary-injunction application under Order XXXIX Rules 1 and 2 CPC and rejecting the defendant's under Order XXXIX Rule 1(a) CPC. The Court disposed of both petitions and confirmed the appellate order, but restrained both parties from creating any third-party interest over the suit schedule property till disposal of the suit, and directed the Trial Court to conclude the suit within one month of receiving a certified copy of this order.

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NC: 2026:KHC:13147 WP No. 4027 of 2026 C/W WP No. 4025 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4027 OF 2026 (GM-CPC) C/W

WRIT PETITION NO. 4025 OF 2026 (GM-CPC)

IN WP No. 4027/2026

BETWEEN:

B.N.SRINIVASA MURTHY S/O LATE NARAYANA RAO AGED ABOUT 57 YEARS RESIDENT OF BOMMAVARA VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562110.

…PETITIONER (BY SRI H N SHASHIDHARA, SENIOR ADVOCATE FOR SRI. H S SUHAS., ADVOCATE)

AND:

Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

SMT. VIJAYALAKSHMI SATYAKUMAR W/O LATE SATHYAKUMAR AGED ABOUT 56 YEARS RESIDENT OF NO.282, 4^TH CROSS 13^TH MAIN ROAD, I STAGE HMT LAYOUT, MATHIKERE BENGALURU – 560054

…RESPONDENT (BY SRI.JWALA KUMAR ., ADVOCATE C/RESPONDENT)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO SET ASIDE THE COMMON ORDER DATED 05.01.2026 PASSED IN M.A.NO.12/2024 AND M.A.NO.13/2024,

NC: 2026:KHC:13147 WP No. 4027 of 2026 C/W WP No. 4025 of 2026

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HC-KAR

IN SO FAR AS REJECTING I.A. NO. II, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, VIDE ANNEXURES-A AND ETC.

IN WP NO. 4025/2026

BETWEEN:

B.N.SRINIVASA MURTHY S/O LATE NARAYANA RAO AGED ABOUT 57 YEARS RESIDENT OF BOMMAVARA VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110.

...PETITIONER

(BY SRI H N SHASHIDHARA, SENIOR COUNSEL FOR SRI. H S SUHAS., ADVOCATE)

AND:

SMT. VIJAYALAKSHMI SATYAKUMAR W/O LATE. SATHYAKUMAR AGED ABOUT 56 YEARS R/OF NO.282, 4TH CROSS 13^TH MAIN ROAD, I STAGE HMT LAYOUT, MATHIKERE BENGALURU-560 054.

...RESPONDENT

(BY SRI.JWALA KUMAR, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO SET ASIDE THE COMMON ORDER DATED 05.01.2026 PASSED IN M.A.NO.12/2024 AND M.A.NO.13/2024, IN SO FAR AS ALLOWING I.A. NO.I IN O.S.NO.340/2023, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE JMFC, DEVANAHALLI, VIDE ANNEXURES-A AND ETC.

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THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

In W.P.No.4027/2026, the petitioner sought for the

following reliefs

“A. Issue a Writ of Certiorari or any other appropriate writ, order or direction to set aside the Common Order dated 05.01.2026 passed in M.A.No.12/2024 and M.A.No.13/2024, in so far

as rejecting I.A. No. II, on the file of the Principal Senior Civil Judge & JMFC, Devanahalli, vide Annexures-A ; and

B. Pass such other order or direction as deems fit in the facts and circumstances of the case including the costs, in the interest of justice and equity.”

2. In W.P.No.4025/2026, the petitioner sought for the following reliefs:

“A. Issue a Writ of Certiorari or any other appropriate writ, order or direction to set aside the Common Order dated 05.01.2026 passed in M.A.No.12/2024 and M.A.No.13/2024, in so far as allowing I.A. No.I in O.S.No.340/2023, on

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HC-KAR

the file of the Principal Senior Civil Judge & JMFC, Devanahalli, vide Annexures-A; and B. Pass such other order or direction as deems fit in the facts and circumstances of the case including the costs, in the interest of justice and equity.”

For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

The plaintiff (respondent herein) filed a suit in O.S.No.340/2023 before the Trial Court seeking relief of permanent injunction. Along with the suit, the plaintiff filed an application i.e., I.A.No.1 under Order XXXIX Rule 1 and 2 of CPC seeking an order of temporary injunction. The defendant (petitioner herein) also filed an application i.e., I.A.No.II under Order XXXIX Rule 1(a) of CPC. The Trial Court, after hearing the parties, by order dated 23.02.2024 allowed the application filed by the defendant and rejected the application filed by the plaintiff. Aggrieved by the said order passed by the Trial Court, the plaintiff filed M.A.No.12/2024 and M.A.No.13/2024 before

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the Principal Senior Civil Judge and JMFC, Devanahalli. The

First Appellate Court, by order dated 05.01.2026 has allowed the appeals filed by the plaintiff and consequently the application filed by the plaintiff under Order XXXIX Rule 1 and 2 has been allowed and application filed by the defendant under Order XXXIX Rule 1(a) of CPC has been rejected. Aggrieved by the order passed by the First Appellate Court, the defendant is before this Court.

The suit is instituted only for bare injunction and the suit is between the sister and brother. Now, the pleadings are completed before the Trial Court.

Therefore, in that view of the matter and in the

interest of justice, the following order is passed:

ORDER

a) Writ petitions are disposed of.

b) The impugned order dated 05.01.2026 passed

by the Principal Senior Civil Judge & JMFC,

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Devanahalli, in M.A.No.12/2024 and M.A.No.13/2024, is confirmed.

c) However, the parties are directed not to create any third party interest over the suit schedule property, till the disposal of the suit.

d) The Trial Court is directed to dispose of the suit as expeditiously as possible, not later than one month from the date of receipt of certified copy of this order.

Sd/(H.T. NARENDRA PRASAD) JUDGE

DM List No.: 1 Sl No.: 9