Sri. R. Jagadish Vs Late R. Srinivasa — Writ and Judicial Review | Karnataka HC (2026)

Sri. R. Jagadish Vs Late R. Srinivasa — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Direction issued to the Trial Court (Additional Senior Civil Judge and JMFC, Magadi) to dispose of the pending temporary injunction application in O.S.No.82/2024 under Order XXXIX Rule 1 and 2 read with Section 151 of CPC as expeditiously as possible, not later than 6 weeks from receipt of certified copy of this order; pending applications, if any, stand disposed of.

Issue for consideration

Whether this Court should direct the Additional Senior Civil Judge and JMFC, Magadi to take up, hear and dispose of the pending interlocutory application under Order 39 Rules 1 and 2 CPC for temporary injunction in O.S.No.82/2024 within a specific stipulated time-frame, given the Trial Court's non-disposal of the application.

Court's answer

Without expressing any opinion on the merits, the writ petition is disposed of by directing the Trial Court to dispose of the plaintiff's application under Order XXXIX Rule 1 and 2 read with Section 151 of CPC for temporary injunction as expeditiously as possible, not later than 6 weeks from the date of receipt of certified copy of this order.

Key takeaways

The Court expressly refrained from expressing any opinion on the merits of the case; the merits of the temporary injunction application were left entirely open to the Trial Court.obiter¶34

Detailed headnote1 paragraphs

Writ Petition (GM-CPC) under Article 227 of the Constitution of India — expedition of interlocutory application. Plaintiff in O.S.No.82/2024 (suit for declaration and permanent injunction) had filed a temporary injunction application under Order XXXIX Rule 1 and 2 read with Section 151 CPC along with the plaint; defendants had responded with a written statement, but the Additional Senior Civil Judge and JMFC, Magadi had not disposed of the pending application. The High Court (H.T. Narendra Prasad, J.), without expressing any opinion on the merits, disposed of the writ petition by directing the Trial Court to dispose of the temporary injunction application as expeditiously as possible, not later than 6 weeks from receipt of certified copy of the order. Pending applications, if any, stand disposed of.

NC: 2026:KHC:14777 WP No. 8177 of 2026

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

WRIT PETITION NO.8177 OF 2026 (GM-CPC)

BETWEEN:

SRI. R. JAGADISH, S/O LATE. H.V. RANGAPPA, AGED ABOUT 54 YEARS, R/AT. HVR FARM HOUSE, MAGADI MAIN ROAD, OPP TO NICE ROAD, GOLLARAHALLI, BENGALURU-560091.

…PETITIONER

(BY SRI. SHARAN N. MAJAGE, ADVOCATE)

AND:

Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA

LATE R. SRINIVASA, S/O. LATE H.V. RANGAPPA, SINCE DEAD, REPRESENTED BY HIS LRS.

SMT. SATHYA KUMARI, W/O LATE R. SRINIVASA, AGED ABOUT 59 YEARS, R/AT NO.66, H.V.R.LAYOUT, MAGADI ROAD, HOUSING BOARD, BENGALURU-560079.

…RESPONDENT

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MAGADI, TO

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NC: 2026:KHC:14777 WP No. 8177 of 2026

HC-KAR

TAKE UP, HEAR AND DISPOSE OF THE PENDING INTERLOCUTORY APPLICATION FILED U/O 39 RULE 1 AND 2 OF CPC FOR TEMPORARY INJUNCTION IN O.S.NO.82/2024 (ANNXE) WITHIN A SPECIFIC TIME-FRAME TO BE STIPULATED BY THIS HON’BLE COURT.

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

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

ORAL ORDER

In this writ petition, the petitioner/plaintiff has sought the following reliefs:

“a. Issue a writ of mandamus or any other appropriate writ or direction, directing the Addl. Senior Civil Judge and JMFC, Magadi, to take up, hear and dispose of the pending interlocutory application filed U/O 39 Rule 1 and 2 of CPC for temporary injunction in O.S.No.82/2024 (Annexure-E) within a specific time-frame to be stipulated by this Hon’ble Court;

b. Pass such other orders as this Hon’ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.”

The petitioner/plaintiff filed a suit for declaration

and permanent injunction. Along with the plaint, the plaintiff

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NC: 2026:KHC:14777 WP No. 8177 of 2026

HC-KAR

filed an application for temporary injunction under Order XXXIX Rule 1 and 2 read with Section 151 of CPC. After service of summons, the defendants appeared through their counsel and filed the written statement. So far the Trial Court has not disposed of the said application. Hence, the petitioner has sought for disposal of the application.

In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of by directing the Trial Court to dispose of the application filed by the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of CPC for temporary injunction as expeditiously as possible, not later than 6 weeks from the date of receipt of certified copy of this order.

Pending applications, if any, stand disposed of.

Sd/(H.T. NARENDRA PRASAD) JUDGE

MD List No.: 1 Sl No.: 45