[Cites 3, Cited by 0]
Karnataka High Court
Smt Bhavya H E vs Sri Mohankumar H E on 12 March, 2026
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2026:KHC:14838
WP No. 32974 of 2024
C/W WP No. 38230 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO.32974 OF 2024 (GM-CPC)
C/W
WRIT PETITION NO.38230 OF 2025 (GM-CPC)
IN WP NO.32974/2024:
BETWEEN:
SMT. BHAVYA H.E.,
W/O H.S. NAVEEN,
AGED ABOUT 33 YEARS,
RESIDENT OF HEGGADEDODDI,
MARALIGA POST, KOPPA HOBLI,
MADDUR TALUK-571419.
...PETITIONER
(BY SRI. CHETHAN B., ADVOCATE)
Digitally signed AND:
by DEVIKA M
Location: HIGH
COURT OF SRI. MOHANKUMAR H.E.,
KARNATAKA S/O ERANNA H.K,
AGED ABOUT 35 YEARS,
RESIDENT OF HEGGADEDODDI,
MARALIGA POST,
MADDUR TALUK-571419.
...RESPONDENT
(BY SRI. MANU B.P., ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 30.09.2024 PASSED IN O.S.NO.170/2024 BY THE
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NC: 2026:KHC:14838
WP No. 32974 of 2024
C/W WP No. 38230 of 2025
HC-KAR
HON'BLE COURT OF III ADDL. CIVIL JUDGE AND JMFC AT
MADDUR, AS PER ANNEXURE-A.
IN WP NO.38230/2025:
BETWEEN:
SMT. BHAVYA H.E.,
W/O H.S. NAVEEN,
AGED ABOUT 34 YEARS,
RESIDENT OF HEGGADEDODDI,
MARALIGA POST, KOPPA HOBLI,
MADDUR TALUK-571419.
...PETITIONER
(BY SRI. CHETHAN B., ADVOCATE)
AND:
SRI. MOHANKUMAR H.E.,
S/O ERANNA H.K.
AGED ABOUT 35 YEARS,
RESIDENT OF HEGGADEDODDI,
MARALIGA POST,
MADDUR TALUK-571419.
...RESPONDENT
(BY SRI. MANU B.P., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 27.11.2025 PASSED IN MA NO.36/2024 BY THE
HON'BLE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC AT MADDUR AS PER ANNEXURE-A AND TO GRANT A
WRIT OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE
COMMON ORDER DATED 30.09.2024 PASSED ON I.A.NO.1
AND 10 IN O.S NO.170/2024 BY THE HON'BLE COURT OF III
ADDL. CIVIL JUDGE AND JMFC AT MADDUR AS PER
ANNEXURE-B.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC:14838
WP No. 32974 of 2024
C/W WP No. 38230 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER
These petitions are filed by the petitioner/defendant
challenging the order dated 30.09.2024 passed in
O.S.No.170/2024.
2. The plaintiff filed a suit for injunction. Along with
the plaint, the plaintiff filed an application under Order XXXIX
Rule 1 and 2 read with Section 151 of CPC for temporary
injunction. The Trial Court, by order dated 30.09.2024,
granted an injunction order. Thereafter, the plaintiff also filed
an application under Section 151 of CPC for police protection
and the same came to be allowed. Being aggrieved by the
order passed on the application filed under Section 151 of CPC,
the petitioner/defendant has filed W.P.No.32974/2024.
3. Being aggrieved by the order passed under Order
XXXIX Rule 1 and 2 read with Section 151 of CPC, the
petitioner/defendant filed an appeal before the First Appellate
Court in M.A.No.36/2024. The First Appellate Court, by order
dated 27.11.2025, dismissed the appeal. Being aggrieved by
the same, the petitioner has filed W.P.No.38230/2025.
NC: 2026:KHC:14838
HC-KAR
4. From the date of granting of temporary injunction,
even before the First Appellate Court or before this Court, no
interim order has been granted in favour of the petitioner. The
injunction order granted by the Trial Court in the year 2024 is
operating as on today.
5. In view of the above and in the interest of justice,
the only relief that can be granted in this situation is that the
Trial Court may be directed to dispose of the suit as
expeditiously as possible, since the suit is set down for
evidence.
6. Accordingly, the following order is passed:
ORDER
(i) The writ petitions are disposed of.
(ii) The Trial Court is directed to dispose of the
suit in O.S.No.170/2024, in accordance with
law and as expeditiously as possible, not later
than 6 months from the date of receipt of copy
of this order.
(iii) The Trial Court shall dispose of the suit
without being influenced by the observations
made in the order passed under Order XXXIX
Rule 1 and 2 read with Section 151 of CPC.
NC: 2026:KHC:14838
HC-KAR
(iv) Both the parties are directed to co-operate with
the Trial Court for early disposal of the suit.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
MD
List No.: 1 Sl No.: 60
