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Smt Meenakshi v. Sri M S Shankar

Karnataka HC3 Mar 2026WP/4374/2026

Case brief

AI extract

What is this about?

Karnataka High Court, WP No. 4374 of 2026 (GM-CPC), decided 03.03.2026 by Justice H.T. Narendra Prasad. Plaintiffs Meenakshi and M. Sharada sought mandamus against Trial Court delay in deciding I.A.No.2 (construction-restraint temporary injunction) in partition suit O.S. No. 601/2026. Petition disposed; Trial Court directed to decide I.A.No.2 by 24.04.2026; interim bar on construction recorded. Statutes: Article 227 Constitution; Order XXXIX Rules 1 & 2 with Section 151 CPC.

What did the court decide?

The Trial Court was directed to consider I.A.No.2 on 17.03.2026 and pass appropriate orders on or before 24.04.2026; interim status quo recorded that respondents shall not put up any construction till disposal of I.A.No.2 ¶39

Smt Meenakshi Vs Sri M S Shankar — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:12945 WP No. 4374 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4374 OF 2026 (GM-CPC)

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BETWEEN:

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SMT MEENAKSHI

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W/O. LATE K. MUNIYAPPA AGED ABOUT 58 YEARS R/AT NO. 625, KALAPPA LAYOUT B. CHANNSANDRA, K.R. PURA BENGALURU EAST TALUK BENGALURU - 560 043.

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SMT. M. SHARADA D/O LATE K. MUNIYAPPA W/O MUNIRAJ AGED ABOUT 41 YEARS R/AT NO. 623, KALAPPA LAYOUT B. CHANNSANDRA, K.R. PURA BENGALURU EAST TALUK BENGALURU - 560 043.

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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(BY SRI. SEENAPPA K., ADVOCATE)

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AND:

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SRI M S SHANKAR S/O. LATE. K. MUNIYAPPA AGED ABOUT 39 YEARS R/AT NO. 178, LOKANADHA NIVASAM 1^ST A CROSS, JAYANTHI NAGAR MAIN ROAD, JAYANTHI NAGAR HORAMAVU, BENGALURU - 560 043.

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&PETITIONERS

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SMT. M. SHALINI D/O. LATE. K. MUNIYAPPA W/O. ANAND

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2 - NC: 2026:KHC:12945 WP No. 4374 of 2026

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HC-KAR

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AGED ABOUT 35 YEARS R/AT FLAT NO. 201, 3^RD FLOOR B BLOCK, SUBHA PRADA BUILDERS WHITE STONE APARTMENT SURYA CITY PHASE-1 IGGALUR CHANDAPURA BENGALURU - 560 099.

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SRI M. SASHIKUMAR S/O LATE K. MUNIYAPPA AGED ABOUT 34 YEARS R/AT FLAT NO. 402, 4^TH FLOOR MUGANNA MANE, 4^TH J CROSS B. CHANNSANDRA, KASTHURI NAGAR BENGALURU - 560 043.

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&RESPONDENTS

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(BY SRI. SHIVASHANKAR K., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTION OR ANY OTHER WRIT, ORDER, DIRECTING THE HONBLE XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, TO CONSIDER THE PRAYER AS SOUGHT UNDER I.A. NO. 2 VIDE ANNEXURE-R IN O.S. NO. 601/2026, FILED UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioners-plaintiffs have sought for the following relief/s:

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<a) Issue a Writ of Mandamus, direction or any other writ, order, directing the Honble XII

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3 - NC: 2026:KHC:12945 WP No. 4374 of 2026

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HC-KAR

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Additional City Civil and Sessions Judge, Bengaluru, to consider the prayer as sought under I.A. no. 2 vide Annexure-R in O.S. No. 601/2026, filed under order XXXIX Rule 1 and 2 read with Section 151 of CPC;

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b) Grant such other relief/s as deemed fit grant in the facts and circumstance of the case, in the interest of justice and equity.=

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The petitioners3plaintiffs have filed a suit for partition and separate possession. Along with the plaint, they filed I.A.No.1 under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC seeking an order to restrain the defendants, etc. from alienating or encumbering the suit schedule property by way of sale, lease, mortgage, gift or in any manner in favour of anybody till disposal of the suit. I.A.No.2 is filed under Order XXXIX Rule 1 and 2

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read with Section 151 of CPC seeking an order of temporary injunction restraining the defendants, etc. from changing the nature of schedule property by way of construction or in any manner till disposal of the suit.

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NC: 2026:KHC:12945 WP No. 4374 of 2026

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HC-KAR

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The Trial Court by order dated 27.01.2026 allowed I.A.No.1 and granted a temporary injunction as sought for in I.A.No.1. Insofar as I.A.No.2 is concerned, the Trial Court has directed to issue emergent notice and suit summons to the defendants on the said application. Being aggrieved by the same, the petitioners are before this Court.

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Since the matter is posted before the Trial Court on 17.03.2026, learned counsel appearing for the defendantsrespondents has undertaken that he will appear on the said date and file written objections to I.A.No.2 on or before 17.03.2026 and that, till that date, no construction will be put up.

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