Karnataka High Court
Sri Lokesh vs The Chief Secretary on 26 November, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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WP No. 17463 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
WRIT PETITION NO. 17463 OF 2024 (GM-CPC)
BETWEEN:
SRI LOKESH,
S/O. SRI. ESWARIAH,
AGED ABOUT 53 YEARS,
R/AT NO.178, SRIRAMPURA,
NEAR KANDAYA NAGAR,
MYSORE - 570 008.
...PETITIONER
(BY SMT. SHYMALA, ADVOCATE FOR
SRI. V R BALARAJ., ADVOCATE)
AND:
1. THE CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001.
Digitally signed
by KAVYA R
2. THE REVENUE SECRETARY,
Location: High OFFICE OF THE REVENUE SRECRETARY,
court of
Karnataka M. S. BUILDING, BENGALURU - 560 001.
3. THE ENDOWMENT COMMISSIONER,
ALURU VENKATARAO ROAD, 2ND FLOOR,
'SRI MAHADEVASWARA BHAVANA',
OPP. MINTO HOSPITAL,
BENGALURU - 560 018.
4. THE DEPUTY COMMISSIONER,
OFFICE OF THE DEPUTY COMMISSIONER,
MYSORE - 570 001.
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5. THE ASSISTANT COMMISSIONER,
OFFICE OF THE ASSISTANT COMMISSIONER,
MYSORE SUB-DIVISION, MYSORE TALUK,
MYSORE - 570 008.
6. THE TAHSILDAR,
OFFICE OF THE TAHSILDAR,
MYSORE TALUK, MYSORE - 570 005.
7. SRI. MAHADEVAIAH,
S/O. CHIKKAIDAPPA,
AGED ABOUT 82 YEARS,
R/O. KANNEGOWDANA KOPPALU,
KANNEGOWDANAKOPPAL
MARULESHWARA TEMPLE TRUST,
K. G. KOPPAL, MYSORE - 570 005.
8. SRI. K. R. RANGIAH,
S/O. PACHI RANGIAH,
AGED ABOUT 37 YEARS,
R/O. KANNEGOWDANA KOPPALU,
KANNEGOWDANAKOPPALU
MARULESHWARA TEMPLE TRUST,
K. G. KOPPAL, MYSORE - 570 005.
...RESPONDENTS
(BY SRI. RUPESH KUMAR., ADVOCATE C/R7;
SMT.REKHA RAMASWAMY, AGA FOR R1 TO R6)
THIS WP IF FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DATED 01.03.2024 PASSED BY THE LEARNED V
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MYSORE IN
M.A.NO.90/2023 PRODUCED AT ANNEXURE-A AND THE ORDER
DATED 08.09.2023 PASSED BY THE II ADDITIONAL CIVIL
JUDGE AT MYSORE IN O.S.NO.784/2022 PRODUCED AT
ANNEXURE-B. CONSEQUENTLY ALLOW THE APPLICATION- IA
NO.1 FILED BY THE PLAINTIFF PRODUCED AT ANNEXURE-D
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Plaintiff is before this Court in this writ petition filed
under Article 227 of the Constitution of India with a prayer
to set aside the order dated 08.09.2023 passed on
I.A.No.1 in O.S.No.784/2022 by the Court of II Additional
Civil Judge at Mysuru and the order dated 01.03.2024
passed on M.A.No.90/2023 by the Court of V Additional
Senior Civil Judge at JMFC-Mysore.
2. Heard the learned counsel for the petitioner,
learned Additional Government Advocate for Respondent
Nos.1 to 6 and learned counsel for respondent No.7.
3. Petitioner herein has filed O.S.No.784/2022
before the Jurisdictional Civil Court at Mysore seeking the
relief of permanent injunction as well as mandatory
injunction in respect of the suit schedule A and B
properties. In the said suit, I.A.No.1 was filed under Order
39 Rule 1 and 2 read with Section 151 of CPC on behalf of
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the plaintiff and the said application was opposed by the
contesting defendants by filing objection. The Trial Court
vide the order impugned dated 08.09.2023 had rejected
I.A.No.1 filed in O.S.No.784/2022 and the
petitioner/plaintiff had unsuccessfully challenged the said
order before the Court of V Additional Senior Civil Judge at
JMFC-Mysore in M.A.No.90/2023 which was dismissed on
01.03.2024, assailing the aforesaid two orders, the
petitioner is before the Court.
4. Learned counsel for the petitioner having
reiterated the grounds urged in this petition submits that
the Courts below have erred in rejecting I.A.No.1 filed
under Order 39 Rule 1 and 2 read with Section 151 of CPC
on behalf of the plaintiff. The reasoning assigned by the
courts below are not cogent.
5. Per contra, learned counsel for respondents have
argued in support of the order impugned.
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6. Perusal of the material on the record would to go
show that in respect of the properties which are subject
matter of O.S.No.784/2022, sister of the petitioner namely
Smt.Jayamma had earlier filed O.S.No.310/2004 before
the Jurisdictional Civil Court seeking the relief of
permanent injunction. The said suit was dismissed and as
against the same daughter of Smt.Jayamma had filed
R.A.No.639/2010, which was also dismissed. Thereafter,
Smt.Jayamma had filed a regular second appeal before
this court in RSA.No.940/2011, which was also dismissed.
After the judgment and decree passed in O.S.No.310/2004
had attained finality, the petitioner herein who is the
brother of Smt.Jayamma has filed a fresh suit in respect of
the property which was subject matter of the earlier suit in
O.S.No.310/2004.
7. Appreciating this aspect of the matter, and also
taking into consideration that petitioner/plaintiff had not
made out a prima facie case for grant of temporary
injunction, the trial Court has rejected I.A.No.1 filed in
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O.S.No.784/2022 and the appellate court having
re-appreciated the aforesaid aspects of the matter has
rightly confirmed the said order. I do not find any illegality
or irregularity in the order impugned which needs
interference by this Court in the exercise of its powers
under Article 227 of Constitution. Therefore, I decline to
entertain this writ petition. Accordingly, the writ petition is
dismissed. The trial Court shall make endeavours to
expedite the trial and dispose of the suit on merits as
expeditious as possible.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
KVR
