B.N.Srinivasa Murthy v. Smt. Vijayalakshmi Satyakumar

NC:(2026:KHC:13147( WP(No.(4027(of(2026( C/W(WP(No.(4025(of(2026( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(4 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(4027(OF(2026((GM-CPC)( C/W( WRIT(PETITION(NO.(4025(OF(2026((GM-CPC)( ( IN(WP(No.(4027/2026( BETWEEN:(( B.N.SRINIVASA,MURTHY, S/O,LATE,NARAYANA,RAO, AGED,ABOUT,57,YEARS, RESIDENT,OF,BOMMAVARA,VILLAGE, KASABA,HOBLI,,DEVANAHALLI,TALUK, BENGALURU,RURAL,DISTRICT,–,562110., …PETITIONER, (BY,SRI,H,N,SHASHIDHARA,,SENIOR,ADVOCATE,FOR,, SRI.,H,S,SUHAS.,,ADVOCATE), AND:( Digitallytisignedtiby DHANALAKSHMI SMT.,VIJAYALAKSHMI,SATYAKUMAR, MURTHY W/O,LATE,SATHYAKUMAR, Location:0HI GH AGED,ABOUT,56,YEARS,COURTOF THKARNATAKA RESIDENT,OF,NO.282,,4 ,CROSS, TH13 ,,MAIN,ROAD,,I,STAGE, HMT,LAYOUT,,MATHIKERE, BENGALURU,–,560054, …RESPONDENT, (BY,SRI.JWALA,KUMAR,.,,ADVOCATE,C/RESPONDENT), , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,227,OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,,ISSUE,A,WRIT,OF, CERTIORARI, OR, ANY,OTHER, APPROPRIATE, WRIT,, ORDER, OR, DIRECTION, TO, SET, ASIDE, THE, COMMON, ORDER, DATED,

05.01.2026,PASSED,IN,M.A.NO.12/2024,AND,M.A.NO.13/2024,, NC:(2026:KHC:13147( WP(No.(4027(of(2026( C/W(WP(No.(4025(of(2026( , ,,HC-KAR( ( ( IN, SO, FAR, AS, REJECTING, I.A., NO., II,, ON, THE, FILE, OF,THE, PRINCIPAL, SENIOR, CIVIL, JUDGE, AND, JMFC,, DEVANAHALLI,, VIDE,ANNEXURES-A,AND,ETC., ( IN(WP(NO.(4025/2026, BETWEEN:, B.N.SRINIVASA,MURTHY, S/O,LATE,NARAYANA,RAO, AGED,ABOUT,57,YEARS, RESIDENT,OF,BOMMAVARA,VILLAGE, KASABA,HOBLI,,DEVANAHALLI,TALUK,, BENGALURU,RURAL,DISTRICT-562110., ...PETITIONER, (BY,SRI,H,N,SHASHIDHARA,,SENIOR,COUNSEL,FOR,, SRI.,H,S,SUHAS.,,ADVOCATE), AND:, SMT.,VIJAYALAKSHMI,SATYAKUMAR, W/O,LATE.,SATHYAKUMAR, AGED,ABOUT,56,YEARS, R/OF,NO.282,,4TH,CROSS, TH13 ,MAIN,ROAD,,I,STAGE, HMT,LAYOUT,,MATHIKERE, BENGALURU-560,054., ...RESPONDENT, (BY,SRI.JWALA,KUMAR,,ADVOCATE), ,,,,,,,THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLE, 227, OF, THE,CONSTITUTION,OF,INDIA,PRAYING,TO,,ISSUE,A,WRIT,OF, CERTIORARI, OR, ANY,OTHER, APPROPRIATE, WRIT,, ORDER, OR, DIRECTION, , TO, SET, ASIDE, THE, COMMON, ORDER, DATED,

05.01.2026,PASSED,IN,M.A.NO.12/2024,AND,M.A.NO.13/2024,, IN,SO,FAR,AS,ALLOWING,I.A.,NO.I,IN,O.S.NO.340/2023,,ON, THE, FILE, OF, THE, PRINCIPAL, SENIOR, CIVIL, JUDGE, , JMFC,, DEVANAHALLI,,VIDE,ANNEXURES-A,AND,ETC.,

THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

¶1In W.P.No.4027/2026, the petitioner sought for the following reliefs "A. Issue a Writ of Certiorari or any other appropriate writ, order or direction to set aside the Common Order dated 05.01.2026 passed in M.A.No.12/2024 and M.A.No.13/2024, in so far as rejecting I.A. No. II, on the file of the Principal Senior Civil Judge & JMFC, Devanahalli, vide Annexures-A ; and B. Pass such other order or direction as deems fit in the facts and circumstances of the case including the costs, in the interest of justice and equity."

¶2In W.P.No.4025/2026, the petitioner sought for the following reliefs: "A. Issue a Writ of Certiorari or any other appropriate writ, order or direction to set aside the Common Order dated 05.01.2026 passed in M.A.No.12/2024 and M.A.No.13/2024, in so far as allowing I.A. No.I in O.S.No.340/2023, on

the file of the Principal Senior Civil Judge & JMFC, Devanahalli, vide Annexures-A; and B. Pass such other order or direction as deems fit in the facts and circumstances of the case including the costs, in the interest of justice and equity."

¶3For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

¶4The plaintiff (respondent herein) filed a suit in O.S.No.340/2023 before the Trial Court seeking relief of permanent injunction. Along with the suit, the plaintiff filed an application i.e., I.A.No.1 under Order XXXIX Rule 1 and 2 of CPC seeking an order of temporary injunction. The defendant (petitioner herein) also filed an application i.e., I.A.No.II under Order XXXIX Rule 1(a) of CPC. The Trial Court, after hearing the parties, by order dated

23.02.2024 allowed the application filed by the defendant and rejected the application filed by the plaintiff. Aggrieved by the said order passed by the Trial Court, the plaintiff filed M.A.No.12/2024 and M.A.No.13/2024 before

the Principal Senior Civil Judge and JMFC, Devanahalli. The First Appellate Court, by order dated 05.01.2026 has allowed the appeals filed by the plaintiff and consequently the application filed by the plaintiff under Order XXXIX Rule 1 and 2 has been allowed and application filed by the defendant under Order XXXIX Rule 1(a) of CPC has been rejected. Aggrieved by the order passed by the First Appellate Court, the defendant is before this Court.

¶5The suit is instituted only for bare injunction and the suit is between the sister and brother. Now, the pleadings are completed before the Trial Court.

¶6Therefore, in that view of the matter and in the interest of justice, the following order is passed: ORDER a) Writ petitions are disposed of. b) The impugned order dated 05.01.2026 passed by the Principal Senior Civil Judge & JMFC,

Devanahalli, in M.A.No.12/2024 and M.A.No.13/2024, is confirmed. c) However, the parties are directed not to create any third party interest over the suit schedule property, till the disposal of the suit. d) The Trial Court is directed to dispose of the suit as expeditiously as possible, not later than one month from the date of receipt of certified copy of this order.

Sd/- (H.T. NARENDRA PRASAD) JUDGE

DM List No.: 1 Sl No.: 9