Smt Nagarathnamma @ Rathnamma Vs Smt Tholasamma

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NC: 2026:KHC:12944 WP No. 5773 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. 5773 OF 2026 (GM-CPC)

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BETWEEN:

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SMT NAGARATHNAMMA @ RATHNAMMA W/O LATE RAJA REDDY REDDY @ RAJA REDDY, AGED ABOUT 60 YEARS R/AT, NO. 50, ANJANEYA TEMPLE STREET OLD POST OFFICE ROAD DODDABANASAWADI BENGALURU-560043.

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…PETITIONER

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(BY SRI. MANJUNATHA A., ADVOCATE)

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AND:

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SMT THOLASAMMA W/O SRI S.M. SHANMUKHA REDDY AGED ABOUT 57 YEARS R/AT SHEEGEHOSAHALLI VILLAGE Digitally signed by BYRAKURU HOBLI, MULABHAGAL TALUK DHANALAKSHMI KOLAR-563132. MURTHY Location: HIGH COURTOF 2. SRI S.M. SHANMUKHA REDDY KARNATAKA S/O LATE PATEL MUNIREDDY AGED ABOUT 64 YEARS R/AT SHEEGEHOSAHALLI VILLAGE BYRAKURU HOBLI, MULABHAGAL TALUK KOLAR-563132.

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…RESPONDENTS (SERVICE OF NOTICE TO R1 & R2 ARE DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE PRL. CIVIL

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NC: 2026:KHC:12944 WP No. 5773 of 2026

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HC-KAR

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JUDGE AND JMFC, AT MULABAGAL, TO AT ANNEXURE-‘C’ DISPOSE OF IA NO. 1 UNDER ORDER 39 RULE 1 AND 2 OF CPC AND IA NO. 2 UNDER ORDER 39 RULE 1 AND 2 OF CPC AT ANNEXURE-D, FILED BY THE PETITIONER HEREIN IN O.S. NO. 272/2023 EXPEDITIOUSLY, AND ALSO DISPOSE THE MAIN SUIT EXPEDITIOUSLY WITHIN A PERIOD OF AT LEAST TWO MONTHS, IN THE INTEREST OF JUSTICE.

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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 view of relief sought in this writ petition, service of notice to respondents is dispensed with.

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In this writ petition, the petitioner has sought for the following relief:

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“ For a writ in the nature of mandamus directing the Prl. Civil Judge and JMFC, at Mulabagal, to dispose of IA No.1 under order 39 rule 1 and 2 of CPC at Annexure-C and IA.No.2 under 39 rule 1 & 2 of CPC at Annexure-D, filed by the petitioner herein in O.S. No. 272/2023 expeditiously, as per Annexure-G and also dispose the main suit expeditiously within a period of at least two months in the interest of justice. ”

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3 - NC: 2026:KHC:12944 WP No. 5773 of 2026

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HC-KAR

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For the sake of convenience, parties are referred to

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as per their ranking before the Trial Court.

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The plaintiff has filed the suit for injunction on 27.07.2023. Along with the plaint, she has filed I.A.Nos.1 and 2 under Order XXXIX Rules 1 and 2 of CPC seeking to restrain the defendants, their agents, servants, family members or any persons claiming through or under them from interfering with or dispossessing the plaintiff from the suit schedule property and also from destroying or damaging the standing crops in the suit schedule property, pending consideration and disposal of the suit. On the said applications, notices were issued to the defendants. After entering appearance, the defendants have filed the written statement. So far, no orders have been passed on the said applications. Therefore, the petitioner is before this Court.

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In view of the above, without expressing any opinion on the merits of the case, the Trial Court is directed to consider the applications i.e. I.A.Nos.1 and 2 filed under Order XXXIX Rules 1 and 2 of CPC and dispose of the

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