Sri K H Khan vs Smt. Ashwini
2026 Latest Caselaw 1255 Kant

Citation : 2026 Latest Caselaw 1255 Kant
Judgement Date : 13 February, 2026

[Cites 2, Cited by 0]

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

NC: 2026:KHC:8974

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.