Karnataka High Court

WP/26952/2026 of M/S SRI SRI HONNARALIYAMMA HUCHHAMMA TEMPLE SEVA TRUST (REGD) Vs SRI PATEL H K SRIDHARA on 22 September 2026

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CNR: KAHC010587852026 NC: 2026:KHC:52333 WP No. 26952 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26952 OF 2026 (GM-CPC) BETWEEN: M/S. SRI. SRI. HONNARALIYAMMA HUCHHAMMA TEMPLE

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF SEPTEMBER, 2026

BEFORE

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

WRIT PETITION NO. 26952 OF 2026 (GM-CPC)

BETWEEN:

M/S. SRI. SRI. HONNARALIYAMMA HUCHHAMMA

TEMPLE SEVA TRUST (REGD.)

REP. BY ITS PRESIDENT JAYARAMA H.B.

AGED ABOUT 72 YEARS,

AND CHIEF SECRETARY - VENKATESH H.S.

AGED ABOUT 56 YEARS,

HOSAKERE VILLAGE AND POST,

AMRUTHURU HOBLI, KUNIGAL TALUK,

TUMAKURU DISTRICT - 572 111.

…PETITIONER

(BY SRI. BASAVAIAH C, ADVOCATE)

AND:

1.

SRI. PATEL H.K. SRIDHARA

S/O. LATE H.D. KRISHNAPPA,

AGED ABOUT 61 YEARS,

OCC: RUNNING GOVERNMENT RATION DEPOT.

2.

SRI. H.B. SHIVAKUMAR,

S/O. H.G. BOREGOWDA,

AGED ABOUT 50 YEARS,

OCC: PROPRIETOR RUNNING GARMENTS FACTORY.

3.

SRI. H.R. THAMMANAGOWDA,

S/O. LATE RAMANNA,

AGED ABOUT 61 YEARS,

OCC: AGRICULTURIST,

Digitally

signed by

VINUTHA B

S

Location:

High Court

of

Karnataka

HC-KAR

4.

SRI. THANTI BOREGOWDA,

S/O. LATE BORAIAH,

AGED ABOUT 85 YEARS,

OCC: AGRICULTURIST,

5.

SRI. H.N. NANJEGOWDA @ GUNDAIAH,

S/O. LATE NANJEGOWDA,

AGED ABOUT 70 YEARS,

OCC: AGRICULTURIST,

6.

SRI. H.T. SHIVANNA,

S/O. H.T. THIMMEGOWDA,

AGED ABOUT 65 YEARS,

OCC: AGRICULTURIST,

RESPONDENTS NO.1 TO 6 ARE RESIDENT OF

HOSAKERE VILLAGE AND POST,

AMRUTHURU HOBLI, KUNIGAL TALUK,

TUMAKURU DISTRICT - 572 111.

…RESPONDENTS

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

ORDER DATED 18.07.2026 (ANNEXURE-H) OF THE TRIAL

COURT - ADDITIONAL CIVIL JUDGE AND JMFC, KUNIGAL ON

ACCEPTING THE VAKALATH OF DEFENDANT NO.1 AND WITH A

DIRECTION TO ISSUE NOTICE TO THE OTHER DEFENDANTS

WITH A DIRECTION TO FILE WRITTEN STATEMENT WITH

OBJECTIONS WITHOUT BEING CONSIDERING THE PLAINT AND

THE APPLICATION FOR EXPARTE TEMPORARY INJUNCTION AS

PER ANNEXURE-G AND G1 AND FURTHER BE PLEASED TO

DIRECT THE TRIAL COURT TO ADDITIONAL CIVIL JUDGE AND

JMFC, KUNIGAL, TO CONSIDER THE PLAINT AND THE I.A.

NO.1/2026 BEFORE ACCEPTING AS PER THEIR ORDER DATED

18.07.2026 (ANNEXURE-H) IN O.S. NO. 724/2026 TO MEETS

THE ENDS OF JUSTICE.

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

HC-KAR

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ORAL ORDER

This petition is filed challenging the impugned order dated 18.07.2026 passed by the learned Additional Civil Judge and JMFC, Kunigal, in O.S. No.724/2026 (for short, ‘the Trial Court’), whereby, though the matter was posted for orders, upon the appearance of defendant No.1 without issuance of summons, the learned Trial Court proceeded to issue suit summons to defendant Nos.2 to 6.

2. Learned counsel appearing for the petitioner submits that defendant No.1 appeared before the Trial Court voluntarily and without issuance of summons. It is further submitted that an application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, is pending consideration before the learned Trial Court.

3. Perusal of the order sheet indicates that the matter was posted for orders, apparently on the application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908. Thereafter, defendant No.1 entered appearance by filing vakalat, pursuant to which the learned

HC-KAR

Trial Court proceeded to issue suit summons to defendant Nos.2 to 6.

4. In the facts and circumstances of the present case, it would suffice to direct the Trial Court to consider and dispose of the application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, expeditiously and, in any event, within a period of four weeks from the date of receipt of a copy of this order.

5. It is submitted that the matter is listed before the Trial Court on 01.10.2026. Accordingly, the Trial Court shall endeavour to consider and dispose of the pending application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, in accordance with law.

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

Sd/- (K. V. ARAVIND) JUDGE

VN List No.: 1 Sl No.: 11

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