Sri P O Vijay Reddy @ Vijayakumar Reddy Vs the… — Writ and Judicial Review | Karnataka HC (2026)

Sri P O Vijay Reddy @ Vijayakumar Reddy Vs the… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Direction to the Trial Court in O.S.No.1057/2023 to pass appropriate orders on I.A.No.5 (temporary injunction application under Order XXXIX Rules 1 and 2 CPC) within 15 days from 25.02.2026; the petition was otherwise disposed of and the incidental prayer for restraint on layout formation/alienation was not specifically dealt with.

Issue for consideration

Whether the Trial Court in O.S.No.1057/2023 (Principal Senior Civil Judge and CJM, Mysuru) should be directed to consider and dispose of I.A.No.5 dated 06.02.2026, the petitioner's application for temporary injunction under Order XXXIX Rules 1 and 2 r/w Section 151 CPC, within a stipulated time frame given the urgency pleaded.

Court's answer

The Trial Court before whom O.S.No.1057/2023 is posted on 25.02.2026 is directed to pass appropriate orders on I.A.No.5 filed by the petitioner under Order XXXIX Rules 1 and 2 CPC within a period of 15 days from 25.02.2026.

Ratio / Principle

In view of the facts, circumstances and the submission of learned counsel for the petitioner, the learned Judge deemed it just and appropriate to dispose of the petition by issuing directions rather than adjudicating the injunction question himself.

Detailed headnote1 paragraphs

Civil Procedure — Temporary injunction — Delay by Trial Court — Writ Petition under Article 227 of the Constitution of India by plaintiff in O.S.No.1057/2023 (Principal Senior Civil Judge and CJM, Mysuru) seeking a direction to the Trial Court to consider and dispose of I.A.No.5 dated 06.02.2026, an application for temporary injunction filed under Order XXXIX Rules 1 and 2 r/w Section 151 CPC, within a time frame — Suit had been adjourned from 28.01.2026 to 25.02.2026 for further examination-in-chief of PW1; though the hearing was advanced to 06.02.2026 and urgency was pleaded, the Trial Court again adjourned the matter to 25.02.2026 — Petition disposed of with a direction to the Trial Court to pass appropriate orders on I.A.No.5 within 15 days from 25.02.2026.

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NC: 2026:KHC:10127 WP No. 5305 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5305 OF 2026 (GM-CPC)

BETWEEN:

SRI P O VIJAY REDDY @ VIJAYAKUMAR REDDY AGED 63 YEARS S/O OBAREDDY R/A NO. 1277, 'A' BLOCK, VIEJINAPUARA, DHOORAVANI NAGAR, BANGALORE

…PETITIONER

(BY SRI.H.SHANTHI BHUSHAN, ADVOCATE FOR SRI. DILIP KUMAR GOWDA R, ADVOCATE)

AND:

THE PRESIDENT, YASHASHWINI GRUHA NIRMANA SAHAKARA SANGHA

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

THE SECRETARY YASHASHWINI GRUHA NIRMANA SAHAKARA SANGHA

RESPONDENT NO.1 AND 2 ARE R/A NO. 43, NEAR DEVEGOWDA CIRCLE BANNUR, MYSURU RING ROAD JUNCTION MYSURU – 570 012

SRI. SMARTY REGO S/O STANLEY B REGO AGED 38 YEARS R/AT NO. 15-17-936 VICTORIA GARDEN, 5TH CROSS SHIVABAGH, MANGALORE – 575 002

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NC: 2026:KHC:10127 WP No. 5305 of 2026

HC-KAR

THE CHIEF OPERATING OFFICER YASHASHWINI GRUHA NIRMANA SAHAKARA SANGHA NO. 43, NEAR DEVEGOWDA CIRCLE BANNUR, MYSURU RING ROAD J UNCTION MYSURU 570 012

THE SUB-REGISTRAR MYSURU NORTH MINI VIDHANA SOUDHA NAZARBAD, MYSURU – 570 012

THE DISTRICT REGISTRAR NO. 380/2A CH-44/2A DEWANS ROAD, MAHATMA GANDHI ROAD, NEAR DOUBLE TANK, RAMYA MAHENDRA HOTEL BUILDING LAKSHMIPURAM, CHAMARAJA MOHALLA MYSURU – 570 014

THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDANA SOUDHA BANGALORE – 560 001

…RESPONDENTS

(BY SMT. V. HEMALATHA, AGA FOR R5, R6 AND R7)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT IN O.S. NO.1057/2023 ON THE FILE OF THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT MYSURU TO CONSIDER AND DISPOSE OF L.A. NO.5 DATED 06-02-2026 FILED UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 CPC WITHIN A TIME FRAME TO BE FIXED BY THIS HON'BLE COURT, VIDE ANNEXURE Q.

THIS PETITION, COMING ON FOR PRELIMINARYHEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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NC: 2026:KHC:10127 WP No. 5305 of 2026

HC-KAR

ORAL ORDER

In this petition, petitioner seeks the following reliefs:

“i) Direct the Trial Court in O.S.No.1057/2023 on the file of the Court of Principal Senior Civil Judge and CJM at Mysuru to consider and dispose of I.A.No.5 dated 06.02.2026 filed under order XXXIX Rule 1 and 2 read with Section 151 CPC within a time frame to be fixed by this Hon’ble Court, vide Annexure-Q.

ii) Restraining the respondent Nos.1, 2 and 3, their agents, servants or anybody claiming through them from forming any residential layout, undertaking developmental activities, alienating or creating third – party rights in the suit schedule properties pending disposal of O.S.No.1057/2023 on the file of the Court of Principal Senior Civil Judge and CJM at Mysuru, vide Annexure-Q.

iii) Grant such other and further relief as this Hon’ble Court deems fit to grant under the circumstances of the case in the interest of justice and equity.”

Heard learned counsel for the petitioner and learned

AGA for respondent Nos.5, 6 and 7 and perused the material on record.

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NC: 2026:KHC:10127 WP No. 5305 of 2026

HC-KAR

After arguing the matter for some time, learned counsel for the petitioner submits that the suit was posted before the Trial Court on 28.01.2026 and adjourned to 25.02.2026 for further examination- in- chief of PW1. However, having regard to the urgency involved in the matter, the petitioner-plaintiff got the suit advanced from 25.02.2026 to 06.02.2026 and filed an application I.A.No.5 for an order of temporary injunction and pleaded urgency in the matter despite which, the trial Court has adjourned the matter to 25.02.2026. It is submitted that having regard to the urgency involved in the matter, the trial Court may be directed to consider and pass appropriate orders on I.A.No.5 filed by the petitioner under Order XXXIX Rules 1 and 2 CPC within a stipulated time frame.

The aforesaid submission is placed on record.

In view of the aforesaid facts and circumstances of the case and submission made by learned counsel for the petitioner, I deem it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following:

i) The petition is hereby disposed of.

5 - NC: 2026:KHC:10127 WP No. 5305 of 2026

HC-KAR

ii) The trial Court before whom the suit in O.S.No.1057/2023 is said to be posted on 25.02.2026 is directed to pass appropriate orders on I.A.No.5 filed by the petitioner under Order XXXIX Rules 1 and 2 CPC within a period of 15 days from 25.02.2026.

Sd/(S.R.KRISHNA KUMAR) JUDGE

MDS

List No.: 3 Sl No.: 32