Karnataka High Court
WP/25190/2019 of SRI D MUNIRAJU Vs SRINIVAS on 19 September 2026
CNR: KAHC010161362019 NC: 2026:KHC:51383 WP No. 25190 of 2019 C/W WP No. 25189 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 25190 OF 2019 (GM-CPC) C/W WRIT PETITION NO.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 25190 OF 2019 (GM-CPC)
C/W
WRIT PETITION NO. 25189 OF 2019 (GM-CPC)
IN WP No. 25190/2019
BETWEEN:
SRI D MUNIRAJU
S/O LATE DASAPPA,
AGED ABOUT 56 YEARS,
R/O NO.13/2,
APARTMENT NO.F1,
IST FLOOR, 3RD MAIN ROAD,
IST STAGE, K.H.B. COLONY,
BASAVESHWARANAGARA,
BENGALURU-560079
…PETITIONER
(BY SRI. BHARATH KUMAR V .,ADVOCATE)
AND:
1.
SRINIVAS
S/O HANUMANTHAPPA,
AGED MAJOR,
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
2.
SATHYARANAYANA
S/O MARIYAPPA,
AGED MAJOR,
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R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK = 562 110
3.
SURESH
S/O DODDAMUNISHAMAPPA,
AGED MAJOR,
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
4.
KIRAN KKUMAR
S/O NAGAPPA,
AGED MAJOR,
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
5.
DEVARAJ
S/O VENKATARAMANAPPA,
AGED MAJOR,
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
6.
SRINIVAS
S/O THIMMARAYAPPA,
AGED MAJOR,
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
…RESPONDENTS
(BY SMT. D SOUBHAGYA, ADVOCATE FOR R5 (NOC)
R2 & R4 ARE SERVED AND UNREPRESENTED
V/O DATED 25.10.2019 NOTICE TO R1-SRINIVAS & R3- SURESH ARE H/S)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
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RECORDS IN O..SNO.150/2019 PENDING ON THE FILE OF THE
HON'BLE ADDL..CIVIL JUDGE AND JMFC, DEVANAHALLI.
QUASH THE ORDER DTD 27.3.2019 PASSED BY THE HON'BLE
ADDL..CIVIL JUDGE AND JMFC, DEVANAHALLI IN MATTER
BEARING O.S.NO.150/2019 ON IA NO.I AND CONSEQUENTLY
ALLOW THE SAID IA NO.I [VIDE ANNEXURE-A].
IN WP NO. 25189/2019
BETWEEN:
TJK ENTERPRISES
( A PARTNRSHIP FIRM),
HAVING ITS OFFIC AT NO.13/2,
APARTMNT NO.F1, 1ST FLOOR,
3RD MAIN ROAD, 1ST STAG,
K.H.B. COLONY, BASAVSHWARANAGAR,
BNGALURU-560 079
REP. BY ITS MANAGING PARTNER
MR.D.M.TEJAS
...PETITIONER
(BY SRI. BHARATH KUMAR V .,ADVOCATE)
AND:
1.
SRINIVAS
S/O HANUMANTHAPPA
AGED MAJOR
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK. - 562 110
2.
SATHYARANAYANA
S/O MARIYAPPA
AGD MAJOR
R/O MUDAGURKI VILLAG,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
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3.
SURESH
S/O DODDAMUNISHAMAPPA
AGED MAJOR,
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
4.
KIRAN KUMAR
S/O NAGAPPA
AGED MAJOR
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
5.
DEVARAJ
S/O VENKATARAMANAPPA
AGED MAJOR,
R/O MUDAGURKI VILLAGE,
DEEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
6.
SRINIVAS
S/O TIMMARAYAPPA
AGED MAJOR
R/O MUDAGURKI VILLAGE,
DEVANAHALLI TALUK,
BANGALORE RURAL TALUK - 562 110
...RESPONDENTS
(V/O DATED 25.10.2019 NOTICE TO R2 IS H/S
R2-SATHYARANAYANA
R1 - SRINIVAS SERVED
R3 - SURESH SERVED
R4 - KIRAN KUMAR SERVED
SMT. D SOUBHAGYA, ADVOCATE FOR R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS IN O.S.NO.152/2019 PENDING ON THE FILE
OF
THE
HON'BLE
ADDL
CIVIL
JDUGE
AND
JMFC,
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DEVANAHALLI. QUASH THE ORDER DTD 27.3.2019
PASSED BY THE HON'BLE ADDL CIVIL JDUGE AND JMFC, DEVANAHALLI, IN MATTER BEARING O.S.NO.152/2019
VIDE ANNEXURE-A ON IA NO.1 AND CONSEQEUNTLY
ALLOW THE SAID IA NO.1.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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ORAL ORDER
These writ petitions are filed by the respective plaintiffs, aggrieved by the non-consideration of their applications seeking ex-parte ad interim injunctions in O.S.Nos.150/2019 and 152/2019, respectively. Both the suits were instituted in the year 2019 and the grievance of the petitioners is that their applications filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, (for short ‘CPC’) seeking ex-parte ad interim injunctions, have not been considered.
2. It is not in dispute that, in both the suits, the learned Trial Judge, by orders dated 27.03.2019, declined to grant ex-parte ad interim injunction. The present
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petitions are being considered in the year 2026. Having regard to the considerable lapse of time, this Court would proceed on the premise that the defendants have entered appearance and that the pleadings are either complete or are at an advanced stage. It would also be reasonable to presume that the defendants have filed their objections to the applications filed under Order XXXIX Rules 1 and 2 of CPC. In such circumstances, at this length of time, no useful purpose would be served by directing consideration of the applications as applications seeking ex parte interim relief. Consequently, this Court is not inclined to grant any indulgence in the matter in the manner sought for by the petitioners.
3. If the pleadings in the suits are complete, it is for the respective plaintiffs to establish before the learned Trial Court the requisite grounds for grant of an order of temporary injunction. At the same time, the learned Trial Court is under an obligation to consider and dispose of the
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pending interlocutory applications, particularly the applications filed under Order XXXIX Rules 1 and 2 of CPC, in accordance with law and on their own merits.
Accordingly, the writ petitions stand disposed of, reserving liberty to the petitioners to move the learned Trial Court and seek early consideration of the pending applications filed under Order XXXIX Rules 1 and 2 of CPC.
If such a request is made, the learned Trial Court shall consider and dispose of the said applications expeditiously, in accordance with law, without being influenced by any observations made in this order.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 5
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