Madras High Court

CRP/6429/2026 of Pramod Bhandari Vs P.Subramani on 5 October 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-10-2026

CORAM

THE HON'BLE MR JUSTICE N.ANAND VENKATESH

C ivil

R evision

P etition

No.6429 of 2026

&

CMP.N

o .27641

of

CNR:{HCMA012249552026}

Pramod Bhandari

S/o Hukmi Chand Bhandari,

No.21/2, Adugodi,

Bannerghatta Road,

Bangalore - 560 030

...Petitioner

Vs

1. P.Subramani

No.2/106, 2nd cross,

Nethaji Nagar,

Mookandapalli Village

& Post, Hosur Taluk,

Krishnagiri District-635 126

2. Kiran Kumar @ Siva Kumar

No.93/126, Min Nagar,

1st Cross, Hosur Town & Taluk,

Krishnagiri District-635109

3. Madhu, No.93/126,

Min Nagar, 1st Cross,

Hosur Town & Taluk,

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Krishnagiri District-635109

4. M.Murugesan, No.3/321,

Narasamma Colony,

Krishnagiri Road,

Hosur Town & Taluk,

Krishnagiri District 635109

5. A.Muniraj

Koneripalli Village & Post,

Hosur Taluk,

Krishnagiri District 635117

6. Dhanakodi, No.1/250-2,

Thorapalli Agraharam

Village & Post, Hosur Taluk,

Krishnagiri District 635109

7. Jitendra Kothari, No.896,

38th Cross, 20th Main,

4th “T” Block, Jayanagar,

Bangalore - 560 041

8. Srinivasan

No.262, 9th Main,

Opp. Water Tank,

MEI Layout, Bagalagunte,

Bangalore North,

Karnataka 560 073

...Respondents

PETITION under Article 227 of The Constitution of India against the docket order dated 03.9.2026 in I.A.No.1 of of 2026 in O.S.No.543 of 2026 on the file of Principal District Court, Krishnagiri.

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For Petitioner:

Mr.Abudu Kumar Rajarathnam, SC

for Mr.C.Deepak Kumar

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ORDER

This civil revision petition has been filed under Article 227 of The Constitution of India against the notice issued by the Court below by order dated 03.9.2026 in an application filed under Order XXXIX Rules 1 & 2 of the Civil Procedure Code (for short, the Code) seeking for an order of interim injunction without considering the urgent interim orders sought for by the petitioner/plaintiff.

2. Heard the learned Senior Counsel appearing on behalf of the petitioner.

3. This Court has carefully considered the submissions of the learned Senior Counsel appearing on behalf of the petitioner and perused the materials available on record and more particularly the impugned order.

4. The petitioner/plaintiff filed the said suit seeking for the relief of declaration, for mandatory injunction to remove the illegal

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encroachment made in the suit property and for permanent injunction. Along with the said suit, the petitioner/plaintiff filed I.A.No.1 of 2026 under Order XXXIX Rules 1 and 2 of the CPC seeking for the relief of interim injunction.

5. However, without considering the urgency involved in the case, the Court below mechanically ordered notice to the respondents/defendants and posted the case on 18.11.2026. Aggrieved by that, the above civil revision petition has been filed before this Court.

6. The learned Senior Counsel appearing on behalf of the petitioner submits that the subject matter of the suit property has to be preserved, that unless an order of interim injunction is granted, the petitioner/plaintiff will be put to irreparable loss and hardship, that the Court below, without considering the same, mechanically ordered notice and that therefore, the same is liable to be interfered by this Court.

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7. In the considered view of this Court, the grievance expressed by the petitioner can be ventilated before the Court below.

8. Considering the urgency raised, the above civil revision petition is disposed of permitting the petitioner/plaintiff to file a memo before the Court below along with a copy of this order and the Court below shall pre-pone the hearing of I.A.No.1 of 2026, deal with the grievance expressed by the petitioner/plaintiff and apply its mind while dealing with the said application. If the respondents have already entered appearance, they shall also be heard before any orders are passed. In any event, I.A.No.1 of 2026 shall be disposed of by the Court below within a period of two weeks from the date, on which, the Court below pre-pones the hearing based on the memo to be filed by the petitioner/plaintiff. Consequently, the connected CMP is closed. 05-10-2026

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To The Principal District Court, Krishnagiri. RS

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N.ANAND VENKATESH,J RS CRP.No.6429 of 2026& CMP.No.27641 of 2026 05-10-2026

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