[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
-2-
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
HC-KAR
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.
NC: 2026:KHC:10127
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.
NC: 2026:KHC:10127
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
