Shri Jeetendra Mutha vs Shri Ramesh Kumar on 26 February, 2026

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                      WP No. 6117 of 2026


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                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 26TH DAY OF FEBRUARY, 2026

                                         BEFORE
                      THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
                          WRIT PETITION NO. 6117 OF 2026 (GM-CPC)
               BETWEEN:

               1.   SHRI JEETENDRA MUTHA
                    S/O FATEHRAJ MUTHA,
                    AGED ABOUT 45 YEARS,
                    RESIDING AT NO. 63, 3RD FLOOR,
                    HOSPITAL ROAD, NEAR ABHINAYA THEATRE,
                    CHICKPET
                    BENGALURU-560 053.

               2.   SMT. THRISHALAA MUTHA
                    W/O SANJAY MUTHA
                    AGED ABOUT 37 YEARS,
                    RESIDING AT NO.4,
                    SRIKANTESHWARA NILAYA,
Digitally           1ST FLOOR, 8TH CROSS, R.T. STREET,
signed by           BVK IYENGAR ROAD CROSS, CHICKPET,
CHANDANA            BENGALURU-560 053.
BM
Location:      3.   SHRI. SANJAY MUTHA
High Court          S/O FATEHRAJ MUTHA
of Karnataka        AGED ABOUT 47 YEARS,
                    RESIDING AT NO. 4,
                    SRIKANTESHWARA NILAYA, 1ST FLOOR,
                    8TH CROSS, R.T. STREET,
                    BVK IYENGAR ROAD CROSS,
                    CHICKPET, BENGALURU - 560 053.
                                                      ...PETITIONERS
               (BY SRI. G. KRISHNAMURTHY, SENIOR ADVOCATE FOR
                    SRI. VINAY V., ADVOCATE)
               AND:
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                                        WP No. 6117 of 2026


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1.   SHRI RAMESH KUMAR
     S/O LALCHAND M.,
     AGED ABOUT 57 YEARS,
     RESIDING AT NO.822, MADIAH ROAD,
     BANGARPET, BENGALURU - 563 114.

2.   SMT. HEMALATHA KOTHARI
     W/O LALITH,
     AGED ABOUT 42 YEARS,
     RESIDING AT NO. 503,
     5TH FOOR, PUSHPANJALI APARTMENT,
     1ST MAIN, 1ST CROSS, NEAR TCM ROYAN CIRCLE,
     CHAMARAJPET,
     BENGALURU-560 018.

3.   SHRI RAKESH M.
     S/O MANGILAL,
     AGED ABOUT 48 YEARS,
     RESIDING AT NO. 218,
     JIAN TEMPLE STREET CANTONMENT, SHIVAJINAGAR,
     BENGALURU-560 051.

4.   SMT MAHALAXMAMMA.
     W/O LATE. D. KANTHARAJU,
     AGED ABOUT 69 YEARS,
     RESIDING AT NO.45, SREE COMPLEX
     KAVI LASMEESHA ROAD,
     SAJJAN ROA CIRCLE, V.V. PURAM
     BENGALURU - 560 004.

5.   SMT PADMAVATHI
     D/O LATE. D. KANTHARAJU,
     AGED ABOUT 52 YEARS,
     RESIDING AT CHIKKA
     DEVANGA BEEDI ANEKALTALUK,
     BENGALURU RURAL DISTRICT-562106.

6.   SHRI. THIMMARAJU @ K.THIMMARAYAPPA
     S/O LATE. D. KANTHARAJU,
     AGED ABOUT 52 YEARS,
     RESIDING AT NO.45,
     SREE COMPLEX KAVI LASMEESHA ROAD,
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     SAJJAN ROA CIRCLE, V.V. PURAM
     BENGALURU-560 004.

7.   SHRI. K. VENKATESH
     S/O LATE. D. KANTHARAJU,
     AGED ABOUT 47 YEARS,
     RESIDING AT NO.45, SREE COMPLEX
     KAVI LASMEESHA ROAD, SAJJAN ROA CIRCLE,
     V.V. PURAM, BENGALURU-560 004.

8.   SMT. BHAGYALAXMI
     D/O LATE. D. KANTHARAJU,
     AGED ABOUT 42 YEARS,
     RESIDING AT WARD NO.11, HOSUR BAGILU,
     POPORAMMANA GALLI, ANEKAL TALUK,
     BENGALURU RURAL DISTRICT-562106.

9.   SMT YASHODAMMA.R.
     W/O LATE. L. HONNAPPA,
     AGED ABOUT 61 YEARS,
     RESIDING AT NO.6/1, 1ST FLOOR, 3RD CROSS,
     4TH MAIN, S.R.NAGAR,
     BENGALURU-560 027.

10. SHRI H. RAVI KUMAR.
    S/O LATE. L. HONNAPPA,
    AGED ABOUT 37 YEARS,
    RESIDING AT NO.6/11ST FLOOR,
    3RD CROSS, 4TH MAIN, S.R.NAGAR,
    BENGALURU 560 027.

11. SHRI H. GIRISH KUMAR
    S/O LATE. L. HONNAPPA,
    AGED ABOUT 35 YEARS,
    RESIDING AT NO.6/11ST FLOOR,
    3RD CROSS, 4TH MAIN, S.R.NAGAR,
    BENGALURU-560 027.

12. SHRI VIJAYALAKMI.
    W/O. L. VASANTHA KUMAR,
    AGED ABOUT 40 YEARS,
    RESIDING AT RAMA REDDY
    BUILDING NEAR SARASWATHY VIDYANIKETHAN,
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    DOMMASANDRA, SARAJAPURA ROAD,
    BENGALURU - 560 027.

13. SHRI L. ANANTHA KUMAR.
    S/O LATE YASODAMMA,
    AGED ABOUT 53 YEARS,
    RESIDING AT NO.6/1, 1ST FLOOR,
    3RD CROSS, 4TH MAIN,
    S.R.NAGAR, BENGALURU-560 027.

14. SMT. PRAVATHAMMA @ PADMA L.
    D/O LATE YASODAMMA,
    W/O T. MURTHY
    AGED ABOUT 65 YEARS,
    RESIDING AT NO.68, 27TH CROSS,
    CUBBONPET MAIN ROAD,
    BENGALURU - 560 002.

15. SMT HEMAVATHI
    D/O LATE YASODAMMA,
    W/O T. LOKESH
    AGED ABOUT 59 YEARS,
    RESIDING AT NO.442, 1ST CROSS,
    WEAVERS COLONY, GOTTIGERE POST,
    BANNEGHATTA ROAD,
    BENGALURU - 560 083.

16. SMT. G. VISHALAKASHI
    D/O LATE JAYAMMA,
    W/O HANUMANTHARAJU
    AGED ABOUT 57 YEARS,
    RESIDING AT NO.27, 20TH CROSS,
    CUBBONPET, BENGALURU - 560 002.

17. SMT. G. DAKSHAYINI @ ROOPA
    D/O LATE JAYAMMA,
    W/O NARAYANA
    AGED ABOUT 53 YEARS,
    RESIDING AT NO.8/2, 26TH CROSS,
    KILARI ROAD, BENGALURU - 560 002.

18. SMT. MAMATHA KUSHALA
    D/O LATE JAYAMMA,
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    W/O R KUSHAL
    AGED ABOUT 50 YEARS,
    RESIDING AT NO.10/1, 7TH MAIN,
    AZAD NAGAR, BENGALURU-560 018.

19. SMT. G. KAMALA.
    D/O LATE JAYAMMA,
    W/O. R. NAGENDRA KUMAR
    AGED ABOUT 46 YEARS,
    RESIDING AT MUDDAMA ARASAPPA NILYA,
    NEAR MILK DIARY, DOMMASANDRA POST
    BENGALURU-560 0 23.

20. SMT. G. JAYANTHI
    D/O LATE JAYAMMA,
    W/O N. LOKESH
    AGED ABOUT 34 YEARS,
    RESIDING AT: 7/1, 8TH B CROSS,
    MAGADI ROAD, BENGALURU-560 002.

21. SHRI P. RANGARAJU
    S/O LATE G. PILLANNA
    AND PARVATHAMMA,
    AGED ABOUT 66 YEARS,
    RESIDING AT NO.13, K.R SHETTEYPET,
    PAPPANNA LANE, CUBBONPET,
    BENGALURU-560 002.

22. SMT. RADHA
    W/O. LATE. P. BANASHANKAR,
    DAUGHTER IN LAW OF
    LATE G. PILLANNA AND PARVATHAMMA,
    AGED ABOUT 53 YEARS,
    RESIDING AT NO.13,
    K.R SHETTEYPET, PAPPANNA LANE,
    CUBBONPET, BENGALURU-560 002.

23. CHETANARAJ. B.
    S/O. LATE. P. BANASHANKAR,
    GRANDSON OF G. PILLANNA AND PARVATHAMMA,
    AGED ABOUT 17 YEARS,
    RESIDING AT NO.13, K.R SHETTEYPET,
    PAPPANNA LANE, CUBBONPET,
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    BENGALURU-560 002
    (REPRESENTED BY GUARDIAN)

24. SHRI CHIRANJEEVI. B.
    S/O. LATE. P. BANASHANKAR,
    GRANDSON OF G. PILLANNA AND PARVATHAMMA,
    AGED ABOUT 14 YEARS,
    RESIDING AT NO.13, K.R SHETTEYPET,
    PAPPANNA LANE, CUBBONPET,
    BENGALURU - 560 002
    (REPRESENTED BY GUARDIAN).

25. SHRI P. RAVIKUMAR.
    S/O LATE G. PILLANNA AND PARVATHAMMA,
    AGED ABOUT 55 YEARS,
    RESIDING AT NO.16,
    2ND CROSS, 5TH MAIN ROAD,
    SAMPANGIRAMNAGAR
    BENGALURU - 560 027.

26. SMT. P. BHARATHI
    D/O LATE G. PILLANNA AND PARVATHAMMA,
    AGED ABOUT 61 YEARS,
    RESIDING AT NO.104,
    BEHIND HOTEL LUCIYA, S.P ROAD,
    BENGALURU - 560 002.

27. SHRI GAYATHRI
    W/O K.G. JAYASHEELAN (JAYANNA),
    D/O. LATE G. PILLANNA AND PARVATHAMMA,
    AGED ABOUT 59 YEARS,
    RESIDING AT: TUMKUR ROAD
    1ST BLOCK MARUTHI NAGAR KUDUR,
    RAMANAGAR-561 101.

28. SMT P. JAYALAXMI
    W/O. MAHESH R
    D/O. LATE G. PILLANNA AND PARVATHAMMA,
    AGED ABOUT 47 YEARS,
    RESIDING AT NO.3, 26TH CROSS, OPP TO SRIRAM
    NURSING HOME, CUBBONPET,
    BENGALURU-560002.
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29. SHRI HEMALATHA B.S.
    W/O. B.R SHIVAKUMAR
    AGED ABOUT 55 YEARS,
    RESIDING AT NO.12, K.R SHETTEYPET,
    PAPPANNA LANE, CUBBONPET,
    BENGALURU-560 002.

30. SHRI NAGARATNA C.
    W/O. DHANAJAYA. R
    AGED ABOUT 53 YEARS,
    RESIDING AT 6/1,13TH CROSS,
    CUBBONPET, BENGALURU-560 002.

31. SHRI SRINIVASA C.
    S/O. LATE SARASWATAMMA
    AND CHANDRAPPA V
    AGED ABOUT 52 YEARS,
    RESIDING AT NO.3/1, 25TH CROSS,
    KILARI ROAD, CHICKPET,
    BENGALURU - 560 053.

32. SMT USHA MANJUNATH
    W/O. MANJUNATH
    AGED ABOUT 41 YEARS,
    RESIDING AT NO.12, 8TH MAIN ROAD,
    LALBHAG SIDDAPURA GUTTE PLAYA,
    JAYANAGRA 1ST BLOCK,
    BENGALURU - 560 002.
                                            ...RESPONDENTS

      THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH AND SET
ASIDE THE ORDER DATED 31.01.2026 PASSE IN OS NO.
1343/2023 AND ALL FURTHER PROCEEDINGS PENDING ON
THE FILE OF THE LEARNED VI ADDL. CITY CIVIL AND
SESSIONS JUDGE BENGALURU (CCH-11) (PRODUCED VIDE
ANNEXURE-A) AND CONSEQUENTLY DISMISS THE IA DATED
31.01.2026 FILED BY THE RESPONDENT NOS.1-3 (PRODUCED
VIDE ANNEXURE-F).

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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                                                    WP No. 6117 of 2026


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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR


                              ORAL ORDER

In this petition, petitioner seeks the following reliefs:

"a) Issue a writ or any order in nature of certiorari to quash and set- aside the order dated 31.01.2026 passed in O.S. No.1343/2023 and all further proceedings pending on the file of the Learned VI Additional City Civil & Sessions Judge, Bengaluru (CCH-11) (produced vide Annexure 'A'); and consequently dismiss the IA dated 31.01.2026 filed by the Respondent Nos.1-3 (produced vide Annexure 'F'); and

b) Pass such other order(s) that this Hon'ble Court deems fit, in the interest of justice & equity."

2. Heard learned Senior Counsel for the petitioners and

perused the material on record. For the order proposed, notice to

respondents is dispensed with.

3. In addition to reiterating the various contentions urged

in the petition and referring to the material on record, learned

Senior Counsel for the petitioner submits that though the

petitioners - defendant Nos.30, 31 and 32 had filed written

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statement along with objections to I.A.Nos.1/2023 and 2/23 filed by

the plaintiffs for Temporary Injunction, without considering or

disposing of the said applications on merits, the trial Court has

directed the petitioners not to alienate the suit property until further

orders and as such, petitioners are before this Court by way of the

present petition.

4. A perusal of the material on record will indicate that the

applications I.A.Nos.1/2023 and 2/2023 filed by the respondents -

plaintiffs to which the petitioners have filed objections, have not

been disposed of by the trial Court and are pending consideration

even as on today. Under these circumstances, without expressing

any opinion on the merits/demerits of the rival contentions, I deem

it just and appropriate to dispose of this petition by issuing certain

directions. In the result, I pass the following:

ORDER

i) The petition is hereby disposed of.

ii) The Trial Court is consider and pass appropriate

orders on I.A.Nos.1/2023 and 2/2023 after hearing both sides on

merits without being influenced by the findings or observations