Full Judgment Text
- 1 -
NC: 2026:KHC:2016
WP No. 27602 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 27602 OF 2025 (GM-CPC)
BETWEEN:
SMT. JAGADAMBHA
W/O SATISH
AGED ABOUT 45 YEARS,
R/AT PALANAJOGIHALLI VILLAGE,
KASABA HOBLI,
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT
…PETITIONER
(BY SRI. H. M. MADHUSUDHANA, ADVOCATE)
AND:
1. SRI. MAHESH BABU L.,
S/O N. LAKSHMAIAH,
AGED ABOUT 42 YEARS,
th TH
R/AT NO. 54, 4 CROSS, 5 MAIN,
GANGANAGAR, BENGALURU – 560 032
2. SRI. MAHAMMED FAROOQ
S/O LATE SHAIK SAHEB
AGED ABOUT 46 YEARS,
rd
R/AT NO. 34/1, 3 CROSS,
KRIHNAMMA GARDEN
BENSON TOWN POST,
BENGALURU – 560 046
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION
OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.
NO. 700/2025 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, DEVANAHALLI PERUSE THE SAME AND SET ASIDE THE
ORDERS PASSED ON IA NO. 1 BY THE TRIAL COURT, IS AT
Digitally signed
by CHANDANA
B M
Location: High
Court of
Karnataka
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NC: 2026:KHC:2016
WP No. 27602 of 2025
HC-KAR
ANNEXURE-C, DATED 18/6/2025 AND ALLOW THE APPLICATION
FROM NOT ALIENATE THE SUIT SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“a) Petitioner prays this Hon’ble Court to call for the entire
records in O.S.No.700/2025 on the file of the Principal
Senior Civil Judge, Devanahalli peruse the same and set
aside the orders passed on IA No.1 by the Trial Court, it
at Annexure-C, dated 18.06.2025 and allow the
application from not alienate the suit schedule property.
b) grant such other reliefs as this Hon’ble Court deems fit to
grant in the facts and circumstances of the case in the
interest of justice and equity.”
2. After arguing the matter for sometime, learned counsel
for the petitioner submits that the petition may be dismissed as
withdrawn reserving liberty in favour of the petitioner to request the
Trial Court to pass appropriate order on the application, I.A.No.1 for
temporary injunction filed by the petitioner before the Trial Court in
the suit in O.S.No.700/2025, which currently stands posted on
21.01.2026.
3. The said submission is placed on record.
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NC: 2026:KHC:2016
WP No. 27602 of 2025
HC-KAR
4. In view of the aforesaid submission, the petition is
disposed of as withdrawn, reserving liberty in favour of the
petitioner to request the Trial Court to pass appropriate order on
I.A.No.1 for temporary injunction, on the next date of hearing i.e.,
on 21.01.2026. In the event, the petitioner moves such an
application, the Trial Court shall consider the same and proceed
further as expeditiously as possible, in accordance with law.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 1 Sl No.: 17
NC: 2026:KHC:2016
WP No. 27602 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 27602 OF 2025 (GM-CPC)
BETWEEN:
SMT. JAGADAMBHA
W/O SATISH
AGED ABOUT 45 YEARS,
R/AT PALANAJOGIHALLI VILLAGE,
KASABA HOBLI,
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT
…PETITIONER
(BY SRI. H. M. MADHUSUDHANA, ADVOCATE)
AND:
1. SRI. MAHESH BABU L.,
S/O N. LAKSHMAIAH,
AGED ABOUT 42 YEARS,
th TH
R/AT NO. 54, 4 CROSS, 5 MAIN,
GANGANAGAR, BENGALURU – 560 032
2. SRI. MAHAMMED FAROOQ
S/O LATE SHAIK SAHEB
AGED ABOUT 46 YEARS,
rd
R/AT NO. 34/1, 3 CROSS,
KRIHNAMMA GARDEN
BENSON TOWN POST,
BENGALURU – 560 046
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION
OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN O.S.
NO. 700/2025 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE, DEVANAHALLI PERUSE THE SAME AND SET ASIDE THE
ORDERS PASSED ON IA NO. 1 BY THE TRIAL COURT, IS AT
Digitally signed
by CHANDANA
B M
Location: High
Court of
Karnataka
- 2 -
NC: 2026:KHC:2016
WP No. 27602 of 2025
HC-KAR
ANNEXURE-C, DATED 18/6/2025 AND ALLOW THE APPLICATION
FROM NOT ALIENATE THE SUIT SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, the petitioner seeks the following reliefs:
“a) Petitioner prays this Hon’ble Court to call for the entire
records in O.S.No.700/2025 on the file of the Principal
Senior Civil Judge, Devanahalli peruse the same and set
aside the orders passed on IA No.1 by the Trial Court, it
at Annexure-C, dated 18.06.2025 and allow the
application from not alienate the suit schedule property.
b) grant such other reliefs as this Hon’ble Court deems fit to
grant in the facts and circumstances of the case in the
interest of justice and equity.”
2. After arguing the matter for sometime, learned counsel
for the petitioner submits that the petition may be dismissed as
withdrawn reserving liberty in favour of the petitioner to request the
Trial Court to pass appropriate order on the application, I.A.No.1 for
temporary injunction filed by the petitioner before the Trial Court in
the suit in O.S.No.700/2025, which currently stands posted on
21.01.2026.
3. The said submission is placed on record.
- 3 -
NC: 2026:KHC:2016
WP No. 27602 of 2025
HC-KAR
4. In view of the aforesaid submission, the petition is
disposed of as withdrawn, reserving liberty in favour of the
petitioner to request the Trial Court to pass appropriate order on
I.A.No.1 for temporary injunction, on the next date of hearing i.e.,
on 21.01.2026. In the event, the petitioner moves such an
application, the Trial Court shall consider the same and proceed
further as expeditiously as possible, in accordance with law.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
BMC
List No.: 1 Sl No.: 17