[Cites 4, Cited by 0]
Karnataka High Court
Mylarappa vs Sri Muddhaiah on 6 April, 2026
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2026:KHC:18441
WP No. 8905 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 8905 OF 2025 (GM-CPC)
BETWEEN:
MYLARAPPA
S/O LATE MALLANNA
AGED ABOUT 65 YEARS
RESIDENT OF GOOBALAGUTTE VILLAGE
KASABA HOBLI, KORATAGERE TALUK
TUMAKURU DISTRICT-572 129.
...PETITIONER
(BY SRI. VARUN JAYKUMAR PATIL., ADVOCATE)
AND:
1. SRI MUDDHAIAH
S/O LATE MARANNA
PATERNAL GRANDSON OF LATE MALLANNA
AGED ABOUT 48 YEARS
Digitally signed by R/AT GOOBALAGUTTE VILLAGE
DHANALAKSHMI
MURTHY KASABA HOBLI, KORATAGERE TALUK
Location: HIGH TUMAKURU DISTRICT-572 129.
COURTOF
KARNATAKA
2. SRI MAHALINGALAH
S/O LATE MARANNA
PATERNAL GRANDSON OF LATE MALLANNA
AGED ABOUT 46 YEARS
R/AT GOOBALAGUTTE VILLAGE
KASABA HOBLI, KORATAGERE TALUK
TUMAKURU DISTRICT-572 129.
3. SRI SHIVANNA
S/O LATE MARANNA
PATERNAL GRAND SON OF LATE MALLANNA
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WP No. 8905 of 2025
HC-KAR
AGED ABOUT 44 YEARS
R/AT GOOBALAGUTTE VILLAGE
KASABA HOBLI, KORATAGERE TALUK
TUMAKURU DISTRICT-572 129.
4. SRI PARAMESH
S/O LATE MARANNA
PATERNAL GRANDSON OF LATE MALLANNA
AGED ABOUT 42 YEARS
R/AT GOOBALAGUTTE VILLAGE
KASABA HOBLI, KORATAGERE TALUK
TUMAKURU DISTRICT-572 129.
5. SRI RAVI KUMAR
S/O LATE MARANNA
PATERNAL GRANDSON OF LATE MALLANNA
AGED ABOUT 40 YEARS
R/AT GOOBALAGUTTE VILLAGE
KASABA HOBLI, KORATAGERE TALUK
TUMAKURU DISTRICT-572 129.
6. SMT. NANJAMMA
D/O LATE NANJAIAH
AGED ABOUT 75 YEARS
R/AT GURUVADERAHALLI VILLAGE
KASABA HOBLI, MADHUGIRI TALUK
TUMAKURU DISTRICT-572 129.
7. SMT. D. USHA
W/O SRI D.V.S.S.S.R. VARMA
AGED ABOUT 55 YEARS
R/AT FLAT NO.205, BLOCK NO.01
HERITAGE ESTATES, YELAHANKA
BENGALURU-560 064.
...RESPONDENTS
(BY SRI.G S BALAGANGADHAR, ADVOCATE FOR R7:
R1, R2, R5 AND R6 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE IMPUGNED ORDER DATED: 24.07.2024 IN IA NO. I
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NC: 2026:KHC:18441
WP No. 8905 of 2025
HC-KAR
AND II IN O.S.NO. 341/2024 PASSED BY THE PRL CIVIL JUDGE
AND JMFC MADHUGIRI AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
1. In this writ petition, the petitioner-plaintiff has called
in question the order dated 24.07.2024 passed by the
Principal Civil Judge and JMFC, Madhugiri (hereinafter
referred to as the "Trial Court"), in O.S.No.341/2024,
whereby the Trial Court did not grant an ex-parte order of
injunction on I.A.Nos.I and II filed by the petitioner-
plaintiff under Order XXXIX Rules 1 and 2 read with
Section 151 of CPC, but issued emergent notice on the
said applications and suit summons to the defendants.
2. For the sake of convenience, the parties are referred
to as per their rankings before the Trial Court in Original
Suit.
3. The plaintiff filed a suit in O.S.No.341/2024 before
the Trial Court seeking the reliefs of declaration and
injunction. Along with the plaint, the petitioner-plaintiff
NC: 2026:KHC:18441
HC-KAR
also filed I.A.Nos.I and II under Order XXXIX Rules 1 and
2 of CPC, seeking an ex-parte orders of temporary
injunction against the defendants. The Trial Court, by the
impugned order dated 24.07.2024, issued emergent notice
on the said applications and suit summons to the
defendants and refused to grant an ex-parte orders of
temporary injunction. Being aggrieved by the same, the
petitioner is before this Court.
4. This Court, by order dated 28.03.2025, granted an
interim order directing the parties to maintain status-quo,
in respect of the suit schedule properties.
5. Since I.A.Nos.I and II filed under Order XXXIX Rules
1 and 2 read with Section 151 of CPC are still pending
before the Trial Court, and although notice was issued to
the defendants by the impugned order dated 24.07.2024,
no order has been passed on the said applications, this
Court deems it appropriate to dispose of this writ petition
with a direction to the Trial Court to consider and dispose
of the said applications as expeditiously as possible.
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6. Accordingly, the following order is passed:
ORDER
a) The writ petition is disposed of.
b) The Trial Court is directed to dispose of
I.A.Nos.I and II filed under Order XXXIX Rules
1 and 2 of CPC, in accordance with law, as
expeditiously as possible, on or before
30.06.2026.
c) Till consideration of I.A.Nos.I and II, the interim
order granted by this Court on 28.03.2025 shall
continue.
d) It is made clear that the Trial Court shall decide
the said applications on merits, without being
influenced by any observations made in the
impugned order.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
HA
LIST NO.: 1 SL NO.: 54
