Karnataka High Court
Sri K H Khan vs Smt. Ashwini on 13 February, 2026
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2026:KHC:8974
WP No. 31778 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 31778 OF 2025 (GM-CPC)
BETWEEN:
SRI K. H. KHAN,
S/O. LATE N. A. KHAN,
AGED ABOUT 73 YEARS
R/AT NO.28, 9TH CROSS,
2ND BLOCK, JAYANAGAR,
BANGALORE - 560 011
...PETITIONER
(BY SRI. SHIVAKUMAR V., ADVOCATE)
AND:
1. SMT. ASHWINI
W/O LATE KRISHNA MURTHY
AGED ABOUT 40 YEARS
2. SRI. K. VISHAL
S/O LATE KRISHNA MURTHY
Digitally signed
by CHANDANA AGED ABOUT 19 YEARS
BM
Location: High 3. KUM. BHAVANA
Court of D/O LATE KRISHNA MURTHY
Karnataka AGED ABOUT 16 YEARS
SINCE MINOR, REP. BY HER MOTHER
AND NATURAL GUARDIAN
SMT. ASHWINI
RESP. NO.1 TO 3 ARE R/AT-
ADISONNATTI VILLAGE,
MAASUR POST, KASABA HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT - 562 106.
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NC: 2026:KHC:8974
WP No. 31778 of 2025
HC-KAR
4. SRI. ANANTH KUMAR
S/O NAGACHARI
AGED ABOUT 42 YEARS
R/AT- NO. 677/1, 9TH A CROSS,
VIRAT NAGAR, BANGALORE - 560 058
5. SRI. RAMA MOORTHY
S/O RAMAKRISHNAN
AGED ABOUT 38 YEARS
6. SMT. RANJITHA RAMA MOORTHY
W/O RAMA MOORTHY
AGED ABOUT 32 YEARS
RESPONDENT NO.5 & 6 ARE R/AT-
CHINNADADHAN KOTTAI,
SAMICHETTIPATTI,
NALLAMPALLI, DHARMAPURI DISTRICT,
TAMILNADU - 636 807.
7. SRI. KUMAR MADHU
S/O MADHU
AGED ABOUT 26 YEARS.
R/AT-NO.2/274A, GIDDANAHALLI,
PANNAIKUTAM, DHARMAPURI DISTRICT,
TAMILNADU - 636 809.
8. SRI. RAJANARAYANA ARAVETI
S/O ARAVETI VENKATESULU
AGED ABOUT 50 YEARS
R/AT- NO. 323, 'GANGA',
1ST FLOOR, 2ND MAIN ROAD,
CHENNAMMANAKERE ACHAKATTU,
BSK 3RD STAGE,
BANGALORE - 560 085.
9. MR. VISHWANATHA KOPPAL
S/O KUBER KOPPAL
AGED ABOUT 43 YEARS
R/AT- MANJUNATHA NILAYA
NO. 9/31, NEAR MILK DAIRY,
GS PALYA, ELECTRONIC CITY,
BANGALORE - 560 100.
...RESPONDENTS
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NC: 2026:KHC:8974
WP No. 31778 of 2025
HC-KAR
THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION
OF INDIA PRAYING TO SETTING ASIDE / QUASHING THE
IMPUGNED ORDER I.E. AN EX- PARTE TEMPORARY INJUNCTION
ORDER DATED 12.09.2024 PASSED BY THE HON'BLE III
ADDITIONAL CIVIL JUDE AND JMFC, ANEKAL ON IA. NO. I UNDER
ORDER 39 RULE 1 AND 2 OF CPC IN OS NO. 669/2024 FILED BY
THE PLAINTIFFS/RESPONDENT NO. 1 TO 3 VIDE ANNEXURE-A
AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioner seeks the following reliefs:-
a) Issue a writ of Certiorari, or any other writ or order setting aside / quashing the impugned order i.e. an ex-parte temporary injunction order dated 12.09.2024 passed by the Hon'ble III additional Civil Jude & JMFC, Anekal on IA. No. I under order 39 rule 1 & 2 of CPC in OS No. 669/2024 filed by the plaintiffs/respondent no. 1 to 3 vide Annexure-A;
b) Be pleased to pass an order directing the Hon'ble trial court to dispose-off the pending applications in OS No. 669/2024 on merits within the time frame that would be fixed by this Hon'ble court.
c) Pass such other orders as this Hon'ble Court deems fit in the facts and circumstances of the case, by allowing the above petition, in the interest of justice and equity -4- NC: 2026:KHC:8974 WP No. 31778 of 2025 HC-KAR
2. Heard learned counsel for the petitioner and perused the material on record. For the order proposed, notice to respondents is dispensed with.
3. Learned counsel for the petitioner submits that the petitioner has filed an application seeking impleadment in the instant suit in O.S.No.669/2024, which is now posted on 16.04.2026 and the application for impleadment filed by the petitioner has not been disposed even till today. It is therefore submitted that the present petition may be disposed of directing the trial Court to prepone the suit from 16.04.2026 to 23.02.2026 and with a direction to the trial Court to dispose of the impleadment application filed by the petitioner within a stipulated time frame.
4. The aforesaid submission is placed on record.
5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the trial Court to prepone/advance the suit from 16.04.2026 to 23.02.2026.
6. Immediately upon such advancement/preponement of the suit from 16.04.2026 to 23.02.2026, the trial Court shall -5- NC: 2026:KHC:8974 WP No. 31778 of 2025 HC-KAR consider and pass appropriate orders on the impleadment application filed by the petitioner within a period of two weeks from 23.02.2026.
7. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions.
8. Subject to the aforesaid directions, petition is disposed of.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 38