Karnataka High Court
WP/29705/2026 of SRI. JAGANNATH B SHEGAJI Vs KARNATAKA STATE CONTRACTORS ASSOCIATION on 23 September 2026
CNR: KAHC010652632026 NC: 2026:KHC:52605 WP No. 29705 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. 29705 OF 2026 (GM-CPC) BETWEEN: 1. SRI. JAGANNATH B SHEGAJI S/O BASAVATH RAO
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. 29705 OF 2026 (GM-CPC)
BETWEEN:
1.
SRI. JAGANNATH B SHEGAJI
S/O BASAVATH RAO SHEGAJI,
AGED ABOUT 72 YEARS,
PRESIDENT,
KALABURAGI DISTRICT CONTRACTORS
ASSOCIATION,
RESIDING AT NO.64, 66,
NEAR S P OFFICE,
KUVAMPU NAGARA,
KALABURAGI 585 102.
…PETITIONER
(BY SRI VENUGOPALA M. S., ADVOCATE)
AND:
1.
KARNATAKA STATE CONTRACTORS ASSOCIATION
AN ASSOCIATION REGISTERED UNDER THE
KARNATAKA SOCIETIES
REGISTRATION ACT 1950,
NO.166, 5TH MAIN ROAD,
CHAMARAJAPET,
BENGALURU 560018.
REPRESENTED BY ITS GENERAL SECRETARY,
SRI G M NANDAKUMAR.
2.
SRI.R. MANJUNATH
PRESIDENT,
Digitally signed
by VINUTHA B S
Location: High
Court of
Karnataka
HC-KAR
KARNATAKA STATE CONTRACTORS ASSOCIATION, NO.166, 5TH MAIN ROAD, CHAMARAJAPET, BENGALURU 560018.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 19.08.2026 PASSED IN I.A.NO.1/2026 IN
O.S.NO.5742/2026 BY THE XI ADDITIONAL CITY CIVIL AND
SESSIONS
JUDGE,
BENGALURU
(CCH-8),
PRODUCED
HEREWITH AS ANNEXURE-C.
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 has been filed impugning the order dated 19.08.2026 passed in O.S. No.5742/2026, whereby the Trial Court has ordered issuance of suit summons and emergent notice on I.A. No.1/2026.
2. The petitioner-plaintiff has instituted the suit seeking a declaration that the Board Resolutions dated 22.04.2026 and 17.07.2026, passed by the defendants whereby the plaintiff’s membership of the Association was dismissed, are void and illegal.
HC-KAR
2.1 In the said suit, the plaintiff has filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking permission to function as a member of defendant No.1–Association. By the impugned order, the Trial Court has directed issuance of emergent notice to the defendants on the said application.
3. Learned counsel appearing for the petitioner submits that the Trial Court has erred in not granting an order of temporary injunction. It is contended that, if temporary injunction is not granted, the petitioner would suffer irreparable hardship.
4. Having considered the submissions made by learned counsel for the petitioner, it is to be noticed that, by Resolutions dated 22.04.2026 and 17.07.2026, the petitioner has been removed from the membership of the defendant- Association. The said Resolutions have already been given effect to, and the petitioner’s membership has accordingly been terminated.
5. In the circumstances, the Trial Court was justified in issuing notice to the defendants for consideration of the
HC-KAR
application. If the interim prayer sought in the present petition were to be granted, it would virtually amount to granting the main relief sought in the pending suit itself. In the facts and circumstances of the present case, therefore, the prayer for grant of ex parte ad interim injunction cannot be entertained.
6. No ground is made out to interfere with the impugned order. However, the Trial Court is directed to expedite consideration of the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.
In view of the above, the writ petition stands disposed of.
Sd/- (K. V. ARAVIND) JUDGE
VP List No.: 1 Sl No.: 32