Karnataka HC Secures Common-Passage Access For 90-Year-Old Plaintiff Pending Injunction Hearing, Citing Emergency Medical Access

The petitioners challenged the Trial Court’s order dated 6 October 2026 in O.S. No. 26068/2026, which issued notice rather than granting ad-interim ex parte relief on two applications under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908.

I.A. No. 1 sought to prevent obstruction of the petitioners’ claimed right of way to and from Schedule ‘A’ property through the common passage described as Schedule ‘B’.

The petitioners relied, among other things, on the first petitioner’s age and alleged obstruction by vehicles in the passage.

I.A. No. 2 sought to restrain the defendants from making revenue entries concerning, or creating third-party interests in, Schedule ‘B’ property.

Both applications remained pending before the Trial Court.

The applications were made under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, which provide the procedural basis for seeking temporary injunctions.

The petitions invoked Article 227 of the Constitution of India, under which the High Court exercised its supervisory jurisdiction.

The Court cited no precedent and did not determine the parties’ underlying rights; it confined its order to interim protection pending the Trial Court’s consideration of the applications.

The Court considered the petitioners’ submissions and the documents on record but declined to adjudicate the underlying contentions because doing so while the applications were pending could prejudice either party.

It nevertheless found a prima facie basis to prevent obstruction of the claimed right of way, noting the first petitioner’s advanced age and the potential impact on access to medical facilities in an emergency; it considered that such a limited restraint would not prejudice the defendants pending the Trial Court’s decision.

For the revenue-entry issue, it ordered both parties to maintain the status quo without determining the merits of I.A. No. 2.

It disposed of W.P. No. 32722/2026 by directing both parties to maintain the status quo regarding revenue entries for Schedule ‘B’ property, pending consideration of I.A. No. 2.

The Trial Court was directed to decide both applications within two months from the next hearing date, 2 November 2026.