Sri P O Vijay Reddy @ Vijayakumar Reddy vs The President

Citation : 2026 Latest Caselaw 1436 Kant
Judgement Date : 18 February, 2026

[Cites 3, Cited by 0]

Karnataka High Court

Sri P O Vijay Reddy @ Vijayakumar Reddy vs The President on 18 February, 2026

Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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                                                           NC: 2026:KHC:10127
                                                         WP No. 5305 of 2026


                  HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 18TH DAY OF FEBRUARY, 2026

                                            BEFORE
                           THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                             WRIT PETITION NO. 5305 OF 2026 (GM-CPC)
                 BETWEEN:

                 SRI P O VIJAY REDDY @
                 VIJAYAKUMAR REDDY
                 AGED 63 YEARS
                 S/O OBAREDDY
                 R/A NO. 1277, 'A' BLOCK,
                 VIEJINAPUARA, DHOORAVANI
                 NAGAR, BANGALORE
                                                                 ...PETITIONER
                 (BY SRI.H.SHANTHI BHUSHAN, ADVOCATE FOR
                    SRI. DILIP KUMAR GOWDA R, ADVOCATE)

                 AND:

                 1.   THE PRESIDENT,
                      YASHASHWINI GRUHA NIRMANA
                      SAHAKARA SANGHA
Digitally
signed by        2.   THE SECRETARY
CHANDANA B            YASHASHWINI GRUHA NIRMANA
M
                      SAHAKARA SANGHA
Location: High
Court of
Karnataka             RESPONDENT NO.1 AND 2 ARE
                      R/A NO. 43, NEAR DEVEGOWDA CIRCLE
                      BANNUR, MYSURU RING ROAD
                      JUNCTION MYSURU - 570 012

                 3.   SRI. SMARTY REGO
                      S/O STANLEY B REGO
                      AGED 38 YEARS R/AT
                      NO. 15-17-936 VICTORIA GARDEN,
                      5TH CROSS SHIVABAGH,
                      MANGALORE - 575 002
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                                        NC: 2026:KHC:10127
                                      WP No. 5305 of 2026


 HC-KAR



4.   THE CHIEF OPERATING OFFICER
     YASHASHWINI GRUHA NIRMANA
     SAHAKARA SANGHA
     NO. 43, NEAR DEVEGOWDA CIRCLE
     BANNUR, MYSURU RING ROAD J
     UNCTION MYSURU 570 012

5.   THE SUB-REGISTRAR
     MYSURU NORTH
     MINI VIDHANA SOUDHA
     NAZARBAD, MYSURU - 570 012

6.   THE DISTRICT REGISTRAR
     NO. 380/2A CH-44/2A
     DEWANS ROAD,
     MAHATMA GANDHI ROAD,
     NEAR DOUBLE TANK,
     RAMYA MAHENDRA
     HOTEL BUILDING
     LAKSHMIPURAM,
     CHAMARAJA MOHALLA
     MYSURU - 570 014

7.   THE CHIEF SECRETARY
     GOVERNMENT OF KARNATAKA
     VIDANA SOUDHA
     BANGALORE - 560 001
                                           ...RESPONDENTS
(BY SMT. V. HEMALATHA, AGA FOR R5, R6 AND R7)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT
IN O.S. NO.1057/2023 ON THE FILE OF THE COURT OF PRINCIPAL
SENIOR CIVIL JUDGE AND CJM AT MYSURU TO CONSIDER AND
DISPOSE OF L.A. NO.5 DATED 06-02-2026 FILED UNDER ORDER
XXXIX RULE 1 AND 2 R/W SECTION 151 CPC WITHIN A TIME
FRAME TO BE FIXED BY THIS HON'BLE COURT, VIDE ANNEXURE
Q.
      THIS PETITION, COMING ON FOR PRELIMINARYHEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
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                                                    NC: 2026:KHC:10127
                                                  WP No. 5305 of 2026


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                             ORAL ORDER

In this petition, petitioner seeks the following reliefs:

"i) Direct the Trial Court in O.S.No.1057/2023 on the file of the Court of Principal Senior Civil Judge and CJM at Mysuru to consider and dispose of I.A.No.5 dated 06.02.2026 filed under order XXXIX Rule 1 and 2 read with Section 151 CPC within a time frame to be fixed by this Hon'ble Court, vide Annexure-Q.
ii) Restraining the respondent Nos.1, 2 and 3, their agents, servants or anybody claiming through them from forming any residential layout, undertaking developmental activities, alienating or creating third
- party rights in the suit schedule properties pending disposal of O.S.No.1057/2023 on the file of the Court of Principal Senior Civil Judge and CJM at Mysuru, vide Annexure-Q.
iii) Grant such other and further relief as this Hon'ble Court deems fit to grant under the circumstances of the case in the interest of justice and equity."

2. Heard learned counsel for the petitioner and learned AGA for respondent Nos.5, 6 and 7 and perused the material on record.

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NC: 2026:KHC:10127 WP No. 5305 of 2026 HC-KAR

3. After arguing the matter for some time, learned counsel for the petitioner submits that the suit was posted before the Trial Court on 28.01.2026 and adjourned to 25.02.2026 for further examination- in- chief of PW1. However, having regard to the urgency involved in the matter, the petitioner-plaintiff got the suit advanced from 25.02.2026 to 06.02.2026 and filed an application I.A.No.5 for an order of temporary injunction and pleaded urgency in the matter despite which, the trial Court has adjourned the matter to 25.02.2026. It is submitted that having regard to the urgency involved in the matter, the trial Court may be directed to consider and pass appropriate orders on I.A.No.5 filed by the petitioner under Order XXXIX Rules 1 and 2 CPC within a stipulated time frame.

4. The aforesaid submission is placed on record.

5. In view of the aforesaid facts and circumstances of the case and submission made by learned counsel for the petitioner, I deem it just and appropriate to dispose of the petition by issuing certain directions. In the result, I pass the following:

i) The petition is hereby disposed of.
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NC: 2026:KHC:10127 WP No. 5305 of 2026 HC-KAR

ii) The trial Court before whom the suit in O.S.No.1057/2023 is said to be posted on 25.02.2026 is directed to pass appropriate orders on I.A.No.5 filed by the petitioner under Order XXXIX Rules 1 and 2 CPC within a period of 15 days from 25.02.2026.

Sd/-

(S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 32