Karnataka High Court
WP/9926/2026 of SRI VENUGOPALAIAH G N Vs SRI B S SHIVAPRASAD on 29 September 2026
CNR: KAHC010214212026 NC: 2026:KHC:54175 WP No. 9926 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 9926 OF 2026 (GM-CPC) BETWEEN: 1. SRI VENUGOPALAIAH G.N., S/O. LATE NARASIMHAIAH
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 9926 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI VENUGOPALAIAH G.N.,
S/O. LATE NARASIMHAIAH G.N.,
AGED ABOUT 65 YEARS,
R/O: G. DODDI,
LAXMIPURA POST,
RAMANAGARA TALUK AND DISTRICT.
2.
SMT. RUKMINAMMA,
D/O. LATE NARASIMHAIAH G.N.,
AGED ABOUT 63 YEARS,
R/O ANCHEKOPPALU,
ARASIKERE TOWN.
3.
SMT. DHANALAXMI .N.,
D/O. LATE NARASIMAIAH G.N.,
AGED ABOUT 61 YEARS,
R/O. GOKULA NILAYA,
NSS LAYOUT,
BEHIND TALUK OFFICE,
ARASIKERE TOWN.
…PETITIONERS
(BY SRI. M.V. MAHESWARAPPA, ADVOCATE)
AND:
1.
SRI. B.S. SHIVAPRASAD,
S/O. B.N. SRIKANTA GUPTHA,
AGED MAJOR,
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
HC-KAR
C/O. ARUN KUMAR B.S.,
MARUTHINAGARA, ARSIKERE TOWN,
NOW R/AT: K.R. EXTENSION,
TIPTUR TOWN, TUMKUR DISTRICT.
2.
ARUN KUMAR B.S.,
S/O. B.N. SRIKANTA GUPTHA,
"THE PRESIDENT,
ARSIKERE TOWN PLANNING,
AUTHORITY, B.H. ROAD,
ARASIKERE,
NOW R/AT: MARUTHI NAGAR,
ARASIKERE, HASSAN DISTRICT.
3.
ASHOKA K.,
S/O. KALEGOWDA,
AGED ABOUT 56 YEARS,
R/O. KANCHENAHALLI VILLAGE,
BANAVARA HOBLI,
ARASIKERE TALUK,
HASSAN DISTRICT.
…RESPONDENTS
(BY SRI. DAYANAND S. PATIL, ADVOCATE C/R1)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO-TO CALL FOR THE
ENTIRE RECORDS ON THE FILE OF II ADDITIONAL CIVIL
JUDGE AND JMFC, AT ARASIKERE IN O.S.NO.588/2025 ON
I.A.NO.1 UNDER ORDER XXXIX RULES 1 AND 2 R/W. SECTION
151 OF CPC DATED 13.10.2025 AND MISCELLANEOUS APPEAL
NO.28/2025 AND MISCELLANEOUS APPEAL NO.29/2025 DATED
06.01.2026 PRODUCED AT ANNEXURES -D AND G.
HC-KAR
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
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ORAL ORDER
The present writ petition impugns the order rejecting the applications filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, and the order confirming the said order in M.A.Nos.28/2025 and 29/2025.
2. It is pleaded that the petitioners claim right, title and interest in the suit schedule properties through their father, who had alienated the said properties during his lifetime. When the father of the petitioners himself had alienated the properties in question during his lifetime, the petitioners, claiming right in the suit schedule properties, cannot be said to have made out a prima facie case for grant of temporary injunction.
3. Both the Courts, having duly considered the aforesaid factual position, have rejected the applications. This Court finds
HC-KAR
no justification or any ground warranting interference with the orders passed by the Courts below.
Accordingly, the writ petition is dismissed.
Sd/- (K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 37