Karnataka High Court
Civil Procedure and EvidenceProperty and Real Estate Law

No precipitative action may be taken against the suit property for three weeks pending consideration of injunction applications.

SMT. KRISHNAVENI vs STATE OF KARNATAKA

Karnataka High CourtJUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
No precipitative action may be taken against the suit property for three weeks pending consideration of injunction applications.. SMT. KRISHNAVENI vs STATE OF KARNATAKA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners sought police protection against eviction from the disputed property without due process.

Source reference: no citation

On 2 April 2026, the High Court directed that the property’s status be maintained pending further instructions from the police.

Source reference: p. 4

The petitioners later filed a civil suit seeking, among other reliefs, injunctions and restoration of a partially demolished residential structure; their application for temporary injunction remained pending before the Trial Court.

Source reference: pp. 5–6

The parties assert competing claims to title under different Wills, and respondent No. 4 disputes the petitioners’ possession.

Source reference: p. 7
02

Issues

Whether the High Court should continue interim protection in the writ petition while the parties’ competing property claims and the petitioners’ injunction application are before the Trial Court.

Source reference: pp. 7–8

Whether the writ petition should be disposed of while directing the Trial Court to consider the pending interim application on its merits.

Source reference: pp. 8–9
03

Law Applied

The petition invoked the High Court’s jurisdiction under Articles 226 and 227 of the Constitution.

Source reference: p. 2

The petitioners’ pending application for temporary injunction was made under Order XXXIX Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908.

Source reference: p. 6

Where a complaint discloses cognizable offences, the police must register an FIR and investigate in accordance with law.

Source reference: p. 4

No precedent was cited, and the Court did not determine any substantive rule governing title or possession; it left the interim dispute to the Trial Court for decision on its merits.

Source reference: no citation
04

Reasoning

The parties’ rival claims to title and the disputed question of possession were already before the Trial Court, which had the petitioners’ temporary-injunction application for consideration.

Source reference: pp. 7–8

Given that the Trial Court had not acted on the application in light of the High Court’s earlier status quo order, the High Court considered it appropriate to direct that the application be decided expeditiously rather than determine the property dispute in the writ proceedings.

Source reference: pp. 8–9

To preserve the position in the meantime, it prohibited further precipitative action for three weeks, while expressly clarifying that this was not an opinion on the merits.

Source reference: p. 9
05

Holding

The High Court disposed of the writ petition, directing that no further precipitative action concerning the suit property be taken for three weeks from the date of the order.

It directed the Trial Court to consider the pending interim application(s) on their merits and in accordance with law, without treating the High Court’s order as expressing any view on the parties’ rival claims.

Source reference: p. 9

Pending applications, if any, were also disposed of.

Source reference: p. 9
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Code of Civil Procedure, 19081

Karnataka High Court

Original Court PDF

SMT. KRISHNAVENIvsSTATE OF KARNATAKA

Karnataka High Court · October 05, 2026

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