Karnataka High Court

WP/25125/2026 of SRI. VEEREGOWDA, Vs SRI. CHARAN on 12 August 2026

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CNR: KAHC010558352026 NC: 2026:KHC:42756 WP No. 25125 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.25125 OF 2026 (GM-CPC) BETWEEN: 1. SRI. VEEREGOWDA, S/O LATE APPAIYANNAPPA,

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF AUGUST, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO.25125 OF 2026 (GM-CPC)

BETWEEN:

1.

SRI. VEEREGOWDA,

S/O LATE APPAIYANNAPPA,

AGED ABOUT 67 YEARS.

2.

SRI. PRADEEP KUMAR

S/O VEEREGOWDA

AGED ABOUT 40 YEARS

3.

SRI. PRAVEEN

S/O VEEREGOWDA

AGED ABOUT 37 YEARS

PETITIONERS ARE RESIDING AT

LINGANAHALLI VILLAGE,

KAKULU POST, SHIVAKOTE PANCHYATI,

HESARAGHATTA HOBLI,

YELAHANKA TALUK,

BANGALORE DISTRICT,

PIN: 560 089

…PETITIONERS

(BY SRI. SHIVANANDA REDDY R V, ADVOCATE)

AND:

1.

SRI. CHARAN

S/O LOKESH L.K

AGED ABOUT 31 YEARS

Digitally signed

by SUVARNA T

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

2.

SRI. MAHENDRA

S/O LATE RAJANNA

AGED ABOUT 33 YEARS

3.

SRI. GAJENDRA

S/O LATE RAJANNA

AGED ABOUT 31 YEARS

4.

SRI. MURALI

S/O PILLAPPA

AGED ABOUT 43 YEARS

5.

SRI. VIJENDRA

S/O LATE ERAPPA @ MUKAPPA

AGED ABOUT 39 YEARS

6.

SRI. GOPAL GOWDA

S/O LATE KEMPANNA

AGED ABOUT 55 YEARS

7.

SRI. MADHU

S/O VIJAYKUMAR

AGED ABOUT 31 YEARS

8.

SRI. AMBARISH

S/O MAREGOWDA

AGED ABOUT 39 YEARS

9.

SRI. MUNEGOWDA

S/O LATE ANNAYAPPA

AGED ABOUT 55 YEARS

10.

SRI. AJAY

S/O LATE MUNIRAJU

AGED ABOUT 31 YEARS

11.

SRI. LAKSHMIPATHI

S/O LATE NARAYANAPPA

AGED ABOUT 55 YEARS

HC-KAR

12.

SRI. RAKESH

S/O LAKSHMIPATHI

AGED ABOUT 33 YEARS

13.

SRI. RAHUL

S/O JAGADISH

AGED ABOUT 29 YEARS

14.

SRI. VISHAL

S/O GOPAL GOWDA L.K

AGED ABOUT 26 YEARS

15.

SRI. BYREGOWDA

S/O VEEREGOWDA

AGED ABOUT 45 YEARS

RESPONDENT NOS.1 TO 15 ARE

RESIDING AT

LINGANAHALLI VILLAGE,

KAKULU POST,

SHIVAKOTE PANCHYATI,

HESARAGHATTA HOBLI,

YELAHANKA TALUK,

BANGALORE DISTRICT,

PIN – 560 089

…RESPONDENTS

(BY SRI. SHIVANANDA REDDY R.V., ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING ISSUE A WRIT IN THE

NATURE CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION SETTING ASIDE THE ORDER DATED

06/08/2026 PASSED BY THE HON'BLE I ADDL. SENIOR CIVIL

JUDGE

BANGALORE

RURAL

AT

BANGALORE,

IN

M.A.

NO.125/2026 (ANNEXURE-A) AND ETC

HC-KAR

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

Aggrieved by the order dated 06.08.2026 passed in M.A.No.125/2026 by the I Additional Senior Civil Judge, Bangalore Rural District, Bangalore, whereby the Appellate Court had issued emergent notice on I.A.No.1, the petitioners are before this Court.

2. Learned counsel appearing for the petitioners/ plaintiffs submits that if the petitioners have not made out any grounds for passing an order on I.A. No. 1, the Appellate Court ought to have passed an order on the merits of it, so that they would get an opportunity to assail it. But the Court cannot simply issue emergent notice. Now, the matter is posted on 15.10.2026. It is submitted that, as the suit schedule property is the road, if the petitioners are restrained from using the road, it will cause lot of hardship to the plaintiffs, and all these aspects were not considered.

HC-KAR

3. Considering the submissions of the learned counsel for the petitioners, this Court is passing the following order:

ORDER

i. Accordingly, the writ petition is disposed of directing the Appellate Court to consider I.A.No.1 in M.A.No.125/2026, on the merits of it, within a period of one week from the date of receipt of the copy of the order.

ii. All I.As. in this petition shall stand closed.

Sd/- (LALITHA KANNEGANTI) JUDGE

MEG List No.: 1 Sl No.: 42

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