Karnataka High Court
WP/21226/2025 of MR. AVINASH B V Vs KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., on 3 September 2026
CNR: KAHC010471992025 NC: 2026:KHC:48052 WP No. 21226 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21226 OF 2025 (GM-CPC) BETWEEN: MR. AVINASH B V C/O. VENKATESH B.M., AGED
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 21226 OF 2025 (GM-CPC)
BETWEEN:
MR. AVINASH B V
C/O. VENKATESH B.M.,
AGED ABOUT 34 YEARS,
PROPRIETOR OF M/S. MARUTHI ENTERPRISES,
HAVING OFFICE AT
183, BIDARAHALLI,
BENGALURU-560049.
…PETITIONER
(BY SRI. SWAROOP S., ADVOCATE)
AND:
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD.,
A COMPANY REGISTERED COMPANIES ACT 1956
HAVING REGISTERED OFFICE AT:
2ND FLOOR, SAMPARKA SOUDHA,
OPPOSITE TO ORION MALL,
DR. RAJKUMAR ROAD, RAJAJINAGAR,
BENGALURU - 560036.
REPRESENTED BY ITS MANAGING DIRECTOR.
…RESPONDENT
(BY SRI. MANU K., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
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ORDER
DATED 14.07.2025 IN O.S. NO.2526/2025 AT ANNEXURE-A PASSED BY THE CIVIL JUDGE AND JMFC, K.R. PURAM, BENGALURU RURAL QUA ISSUING ONLY EMERGENT NOTICE TO THE RESPONDENT AND ALSO CONSEQUENTLY GRANT AD-INTERIM EX-PARTE INJUNCTION RESTRAINING THE
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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RESPONDENT OR ANY OTHER PERSON CLAIMING UNDER THEM FROM IN ANY WAY INTERFERING WITH THE PETITIONERS PEACEFUL POSSESSION AND ENJOYMENT OF THE SUIT SCHEDULE PROPERTIES AS WELL AS INTERFERING WITH THE BUSINESS OF THE PETITIONER IN DISPLAYING THE SCHEDULE PROPERTIES UNTIL THE DISPOSAL OF APPLICATION UNDER I.A. NO.1 AND 2 ORDER XXXIX RULE 1 AND 2 OF CPC FILED BY THE PETITIONER BY ISSUING A WRIT OF CERTIORARI.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
Aggrieved by the order dated 14.07.2025 in O.S.No.2526/2025 passed by the Civil Judge and JMFC, K.R. Puram, Bengaluru Rural, the petitioner is before the Court.
2. The petitioner is before this Court questioning an order whereby an emergent notice on I.A.Nos.I and II and suit summons were issued against the defendants without seeing the evidence.
3. The Co-ordinate Bench of this Court, by order dated 16.07.2025, issued an interim order and directed this petition to be tagged along with W.P.No.15168/2025.
4. Learned counsel appearing for the respondent submits that this Court has disposed of W.P.No.15168/2025 by order
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dated 19.06.2026 directing the Trial Court to consider I.A.Nos.2, 3 and 4 within a period of one week from the date of receipt of the copy of that order. The operative portion of the said order read as follows: “i. The writ petition is disposed of directing the trial Court to consider I.A.Nos.2, 3 and 4 within a period of 1 week from the date of receipt of the copy of the order. ii. If either of the parties are not co-operating with the same the trial court is at liberty to proceed with and pass appropriate orders. iii. It is made clear that till the I.A.Nos.2 and 4 are decided, the interim order granted by this court shall be in force and shall continue. iv. The parties can advance the matter before the trial court. v. Pending I.As., in the petition shall stand closed.”
5. In the light of the said order, this Court deems it appropriate to pass the following:
ORDER
i. Accordingly, the writ petition is disposed of, directing the trial Court to consider I.A.Nos.I and II within a period of 15 days from the date of receipt of the copy of the order.
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ii. If either of the parties is not co-operating with the same, the trial Court is at liberty to proceed with and pass appropriate orders. iii. It is made clear that until the I.A.Nos. I and II are decided, the interim order granted by this Court shall remain in force and continue. iv. The parties can advance the matter before the trial court. v. Pending I.As. in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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