Karnataka High Court
WP/5787/2026 of SRI K VENKATESH Vs SRI MANJUNATH on 7 August 2026
CNR: KAHC010133342026 NC: 2026:KHC:41805 WP No. 5787 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 5787 OF 2026 (GM-CPC) BETWEEN: SRI K VENKATESH S/O LATE KRISHNAPPA AGED ABOUT 58
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 5787 OF 2026 (GM-CPC)
BETWEEN:
SRI K VENKATESH
S/O LATE KRISHNAPPA
AGED ABOUT 58 YEARS
R/AT MANDIBELE VILLAGE
VIJAYAPURA HOBLI,
…PETITIONER
(BY SRI. CHOKKAREDDY, ADVOCATE)
AND:
1.
SRI MANJUNATH
S/O LATE KRISHNAPPA
AGED ABOUT 51 YEARS
R/AT MANDIBELE VILLAGE
VIJAYAPURA HOBLI,
2.
SRI. V.NANJUNDAPPA
S/O LATE VEERABHARADAPPA
AGED ABOUT 69 YEARS
R/AT NO.17/26, 7TH CROSS,
13TH MAIN, BANASHANKARI
3RD STAGE, BENGALURU - 85.
Digitally
signed by
BHARATHI S
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
3.
SMT. RENUKA
W/O CHANNA KESHAVA
AGED ABOUT 45 YEARS
R/AT NO.57/1, NALLUR VILLAGE,
CHANNARAYANAPATNA HOBLI
4.
SRI. A.KRISHNAPPA
S/O ANJINAPPA
AGED ABOUT 57 YEARS
R/AT NO.448, 6TH AVENUE
TEACHERS COLONY,
KORAMANGALA 1ST BLOCK AGARA,
BENGALURU - 34.
…RESPONDENTS
(BY SRI. K. VISHWANATHA, ADVOCATE FOR R3 (ABSENT)
SRI. CHENNAKRISHNAPPA N, ADVOCATE FOR R4
R1 & R2 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING ANX-A
DTD 13.02.2026 BY REFUSING TO GRANT EXPARTE INTERIM
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ORDER
IN I.A.NO.1 FILED BY THE PETITIONER IN O.S.NO.190/2026, PENDING IN PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
HC-KAR
ORAL ORDER
The present writ petition is filed calling in question the order dated 13.02.20261 passed on IA.No.1 in OS No.190/2026 by the Principal Senior Civil Judge and JMFC, Devanahalli2. Vide the impugned order, the Trial Court has ordered for issuance of emergent notice on IA.No.1, which was filed for an injunction to restrain defendant Nos.3 and 4 from creating third party rights over the suit property. The petitioner has filed the suit [OS No.190/2026] for partition and separate possession.
2. Having regard to the fact that the impugned order, whereunder the Trial Court has ordered for issue of emergent notice was passed nearly six months ago, the present writ petition is disposed of reserving liberty to the parties to seek for consideration of IA.No.1 before the Trial Court. If such a request is made, the Trial Court shall consider IA.No.1, as expeditiously as possible.
1 hereinafter referred to as 'the impugned order' 2 hereinafter referred to as 'the Trial Court'
HC-KAR
3. All rights and contentions of the parties on the merits of the matter are kept open.
SD/- (C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 33