Smt. M v. Shruthi, Vs Smt. M. v. Mythili,

NC:(2026:KHC:18058( WP(No.(10234(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

NDDATED(THIS(THE(2 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(H.T.(NARENDRA(PRASAD( WRIT(PETITION(NO.(10234(OF(2026((GM-CPC)( BETWEEN:(( SMT.,M.,V.,SHRUTHI, D/O,LATE,SHRI,M.,T.,VASANTHARANGAN, AGED,ABOUT,49,YEARS, R/AT,18,,HOLLAND,HILL, 11-22,PARVIS,,SINGAPORE-278746, , THALSO,AT,,NO.,504,,13 ,,CROSS, ISRO,LAYOUT,,KUMARASWAMY,LAYOUT, BENGALURU-560078., …PETITIONER,

(BY,SRI.,SENTHIL,KUMAR,D.U.,,ADVOCATE),

AND:(

1., SMT.,M.,V.,MYTHILI, W/O,LATE,SHRI,M.,T.,VASANTHARANGAN, AGED,ABOUT,74,YEARS, STDigitallytisignedtiby R/AT,,31,,1 ,,CROSS,,RMS,COLONY, DHANALAKSHMI SANJAY,NAGAR,,RMV,EXTENSION,MURTHY BENGALURU-560094.,Location:0HIGH

COURTOF , KARNATAKA 2., SMT.,M.,V.,SMITHA, D/O,LATE,SHRI,M.,T.,VASANTHARANGAN,, AGED,ABOUT,50,YEARS, ST THR/AT,,,NO.,120,,1 ,,MAIN,,5 ,CROSS, SOUNDARYA,LAYOUT,,SIDEDAHALLI, BENGALURU-560073., …RESPONDENTS, THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLE, 227, OF, THE,CONSTITUTION,OF, INDIA,,PRAYING,TO, ISSUE,WRIT,OF, MANDAMUS, OR, ANY, OTHER, APPROPRIATE, WRIT, OR, DIRECTION,,DIRECTING,THE,TRIAL,COURT,I.E.,,HON'BLE,CITY,

CIVIL AND SESSIONS JUDGE XXXVIII A.C.C.J., (CCH-39) AT BENGALURU, TO DISPOSE/PASS ORDERS ON IA NO.1 VIDE ANNEXURE B, IN OS.NO.5900/2024 ON MERITS WITHOUT MAKING FURTHER DELAY AND ETC.

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

ORAL ORDER

¶1In this writ petition, the petitioner-plaintiff has sought for the following relierf/s: "a) Issue Writ of Mandamus or any other appropriate Writ or direction, directing the trial court i.e., Hon'ble City Civil and Sessions Judge XXXVIII A.C.C.J., (CCH-39) at Bengaluru, to dispose/pass orders on IA No.1 vide Annexure B, in OS.No.5900/2024 on merits without making further delay and; b) Pass such other orders which this Hon'ble court deems fit to pass in the circumstances of the case, with costs, in the interest of justice and equity."

¶2The petitioner–plaintiff has filed a suit in O.S. No.5900/2024 seeking the relief of partition and separate possession. Along with the plaint, the plaintiff filed I.A.No.1 under Order XXXIX Rules 1 and 2 read with

Section 151 of the CPC, seeking an ad interim order of injunction restraining the respondents–defendants, their agents, or anyone acting under them from alienating, encumbering, or in any manner dealing with the suit schedule 'A' property and suit schedule 'B' property, pending disposal of the suit. The Trial Court, by order dated 22.08.2024, issued suit summons and emergent notice on I.A.No.1 to the defendants and declined to grant an ex-parte injunction. After service of summons, the defendants appeared through counsel, filed their written statement, and also filed objections to the said application. However, no order has been passed on the said application so far. Therefore, the present writ petition is filed seeking early disposal of the said application.

¶3Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible.

¶4Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the application, in accordance with law, as expeditiously as possible, on or before 30.04.2026. c) Parties are directed to co-operate for early disposal of the application.

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

HA LIST NO.: 1 SL NO.: 46