Karnataka High Court
WP/15485/2026 of PALACE GARDEN Vs SRI PRASAD KAMATH on 21 May 2026
NC: 2026:KHC:25232 WP No. 15485 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 15485 OF 2026 (GM-CPC) BETWEEN: 1. PALACE GARDEN, APARTMENT OWNERSHIP ACT, APARTMENTS OWNERS ASSOCIATION,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF MAY, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 15485 OF 2026 (GM-CPC)
BETWEEN:
1.
PALACE GARDEN,
APARTMENT OWNERSHIP ACT,
APARTMENTS OWNERS ASSOCIATION,
REGISTERED UNDER THE KARNATAKA
REG OFFICE AT NO. 23/24,
PALACE CROSS ROAD,
BENGALURU - 560 020.
REP BY ITS PRESIDENT
MRS. SARA KURUVILLA
2.
SRI. NUKARAJU,
S/O D. SURAYYA,
AGED ABOUT 65 YEARS,
R/AT NO. V1, VAISHALI,
PALACE GARDEN APARTMENTS,
23/24, PALACE CROSS ROAD,
…PETITIONERS
(BY SRI. NAVEED AHMED, ADVOCATE FOR
SMT. VIJAYA H R., ADVOCATE)
AND:
1.
SRI. PRASAD KAMATH,
S/O LATE K RAMA KAMATH
AGED ABOUT 74 YEARS,
Digitally signed
by NIRMALA
DEVI
Location:
HIGH COURT
OF
KARNATAKA
HC-KAR
2.
SMT. ASHA. P. KAMATH,
W/O SRI PRASAD KAMATH,
AGED ABOUT 74 YEARS,
BOTH ARE RESIDING AT
C-7, TRIPURA NEST,
NO.35, 11TH CROSS,
7TH MAIN, MALLESHWARAM,
BENGALURU - 560 003.
…RESPONDENTS
(BY SRI. P.B. AJIT., ADVOCATE FOR CAVEAT
RESPONDENT NO. R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 30.04.2026 ON I.A. NO. II O.S.
NO.3153/2026 PENDING ON THE FILE OF THE HON'BLE CITY
CIVIL AND SESSION JUDGE, AT BENGALURU (CCH NO. 40)
(ANNEXURE-A) TO THE EXTENT OF GRANTING EX-PARTE AD- INTERIM TEMPORARY INJUNCTIVE RELIEFS, CONSEQUENTLY, PASS AN ORDER OF TEMPORARY INJUNCTION RESTRAINING
THE RESPONDENTS NO. 1 AND 2 (INCLUDING THEIR MEN, AGENTS, HENCHMEN, REPRESENTATIVES, SUCCESSORS-IN
TITLE, HEIRS, ASSIGNS OR ANYONE CLAIMING THROUGH OR
UNDER THEM) FROM INTERFERING WITH THE PETITIONERS
PEACEFUL POSSESSION OVER AND ENJOYMENT OF THE SUIT
SCHEDULE PROPERTY AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
HC-KAR
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ORAL ORDER
After hearing the submissions from both the learned counsel, having regard to the fact that the impugned order dated 30.04.2026 is in the nature of mandatory injunction permitting respondents 1 & 2 /plaintiffs to put up construction, it is expedient that the objections of the appellants/ defendants 1 & 2 be heard and the I.A.No.II filed before the Trial Court be adjudicated on its merits. Until such time, the plaintiffs not be permitted to put up construction in terms of the impugned order.
2. It is the apprehension expressed by the learned counsel for respondents 1 & 2/ plaintiffs that the matter before the Trial Court will be dragged on by the appellants/ defendants 1 & 2.
3. The said submission is stoutly refuted by the learned counsel for the appellants/ defendants 1 & 2.
4. In view of the aforementioned, the following:
HC-KAR
ORDER
(i) The suit (O.S.No.3153/2026) pending before the Trial Court shall stand advanced to 05.06.2026.
(ii) On the said date, the appellants/ defendants 1 & 2 shall file their statement of objections to the interim applications in the suit. Defendants 1 & 2 are also at a liberty to file their written statement in the suit.
(iii) Pursuant to the same, the Trial Court shall hear both the parties and adjudicate upon I.A.No.II in the suit as expeditiously as possible.
(iv) Till adjudication of the interim application by the Trial Court, the plaintiffs shall not put up any further construction in terms of the impugned order dated 30.04.2026.
HC-KAR
(v) The Trial Court shall adjudicate upon the interim application uninfluenced by the observations made in the impugned order dated 30.04.2026 as well as the present order.
(vi) The contentions of both the parties are kept open.
(vii) In view of the above order, the impugned order dated 30.04.2026 stands modified accordingly.
SD/- (C.M. POONACHA) JUDGE
TKN List No.: 1 Sl No.: 90