Karnataka High Court

WP/29069/2026 of SRI M K KARIYAPPA Vs SRI M K RAMACHANDRA on 23 September 2026

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CNR: KAHC010630532026 NC: 2026:KHC:52637 WP No. 29069 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 29069 OF 2026 (GM-CPC) BETWEEN: 1. SRI M.K. KARIYAPPA S/O M.K. KUMARAPPA, AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE K. V. ARAVIND

WRIT PETITION NO. 29069 OF 2026 (GM-CPC)

BETWEEN:

1.

SRI M.K. KARIYAPPA

S/O M.K. KUMARAPPA,

AGED ABOUT 60 YEARS,

R/AT HANAGAL SHETTALLI VILLAGE,

SOMWARPETE HOBLI AND TALUK,

KODAGU DISTRICT - 571 236.

…PETITIONER

(BY SRI. RAMESH KUMAR R.V., ADVOCATE)

AND:

1.

SRI M.K. RAMACHANDRA

S/O M.L. KUMARAPPA,

AGED ABOUT 42 YEARS,

R/AT HANAGAL SHETTALLI VILLAGE,

SOMWARPETE HOBLI AND TALUK,

2.

SMT. PONNAMMA,

W/O MUDDEGOWDA,

AGED ABOUT 62 YEARS,

R/AT MAGERI VILLAGE AND POST,

SAKLESHAPURA TALUK,

HASSAN DISTRICT - 573 123.

Digitally

signed by

VINUTHA B

S

Location:

High Court

of Karnataka

HC-KAR

3.

SMT. M.K. KAVERI,

D/O LATE KARIYAPPA,

AGED ABOUT 55 YEARS,

R/A SRIMANGALA VILLAGE, VIRAJPETE TALUK, KODAGU DISTRICT 571 217.

4.

SMT. LALITHA,

W/O HALAPPA,

AGED ABOUT 52 YEARS,

R/O SRIMANGALA VILLAGE,

VIRAJPETE TALUK,

KODAGU DISTRICT - 571 217.

5.

SRI M.T. UMESHA,

S/O LATE M.K. THIMMAIAH

AGED ABOUT 55 YEARS,

6.

SRI M.T. NAGESHA,

S/O. LATE M.K. THIMMAIAH

AGED ABOUT 53 YEARS,

7.

SRI M.K. PRASANNA

S/O. LATE M.B. KOMARAPPA

AGED ABOUT 52 YEARS,

8.

SRI M.P. JYOTHI

D/O LATE M.K. PRAKASH

AGED ABOUT 55 YEARS,

9.

SRI M.P. PRADHAN

S/O LATE M.K. PRAKASH

AGED ABOUT 23 YEARS,

10.

SRI C. SHARATH,

S/O LATE M.M. CHANGAPPA

HC-KAR

AGED ABOUT 35 YEARS,

11.

SRI M.R. PONNAPPA,

S/O LATE M.K. RUDRAPPA

AGED ABOUT 53 YEARS,

12.

M.M. BOPPAIAH

S/O LATE MALLAPPA

AGED ABOUT 60 YEARS,

13.

SRI M.M. VENKATESH

S/O LATE MALLAPPA

AGED ABOUT 65 YEARS,

14.

SRI M.S. ERAPPA,

S/O LATE SHANTHAIAH

AGED ABOUT 80 YEARS,

RESPONDENT NOS.5 TO 14 ARE

R/AT HANAGAL SHETTALLI VILLAGE

SOMWARPETE HOBLI AND TQ.,

KODAGU DIST. - 571 236.

…RESPONDENTS

(VIDE

O/D

23.09.2026

NOTICE

TO

RESPONDENTS

IS

DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER AT ANNEXURE A DATED 25/08/2026 BY THE

PRL CIVIL JUDGE AND JMFC, SOMWARPETE IN MA.NO.09/2026

AND THE CONSEQUENTIAL ORDER IMPUGNED AT ANNEXURE B

DATED 29/07/2026 PASSED IN OS.NO.09/2026 ON THE FILE

OF

THE

HON'BLE

SENIOR

CIVIL

JUDGE

AND

JMFC,

HC-KAR

SOMWARPETE DISMISSING THE INJUNCTION APPLICATION IN

LA.NO.01/2026 IN ORDER TO SECURE THE ENDS OF JUSTICE

AND EQUITY AND ETC,.

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 petition is filed impugning the order dated 25.08.2026 passed in M.A.No.9/2026. The petitioner instituted a suit for partition in O.S.No.9/2018 and also filed an application under Order XXXIX Rules 1 and 2 of the CPC. The Trial Court, by order dated 29.07.2026, rejected the said application. Aggrieved by the said order, the petitioner preferred M.A.No.9/2026 before the appellate Court, along with an application under Order XXXIX Rules 1 and 2 of the CPC.

2. Learned counsel for the petitioner submits that the appellate Court proceeded to hold that, in the absence of an application seeking stay of the order dated 29.07.2026, whereby the application for temporary injunction was rejected, the application filed in M.A.No.9/2026 under Order XXXIX

HC-KAR

Rules 1 and 2 of the CPC could not be considered. Accordingly, the first appellate Court dismissed the said application.

3. Considered the submission of learned counsel for the petitioner.

4. In view of the limited nature of the directions issued herein, notice to the respondents is unnecessary and is accordingly dispensed with.

5. When the appeal is filed impugning the rejection of the application for temporary injunction, the question of seeking stay of the said order may not arise. When an independent application is filed under Order XXXIX Rules 1 and 2 of the CPC in the appeal challenging the rejection of the application for temporary injunction by the Trial Court, the same is required to be considered in accordance with law. Accordingly, the first appellate Court is directed to consider and dispose of the application filed under Order XXXIX Rules 1 and 2 of the CPC within three weeks from the date of placing a copy of this order.

HC-KAR

6. With the above observations, the writ petition stands disposed of.

Sd/- (K. V. ARAVIND) JUDGE

DDU List No.: 1 Sl No.: 15

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