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Jeetendra Mutha & Ors vs Ramesh Kumar & Ors

Karnataka High Court · Decided on 26 February 2026 · Citation: (2026) 02 KAR CK 1303

HON’BLE JUDGES
S.R. Krishna Kumar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 6117 Of 2026 (GM-CPC)
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Judgment

11 paragraphs · 381 words

S.R. Krishna Kumar, J

1.

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 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 recorded in the impugned order or in the present order within a period of one month from the next date of hearing, which stands posted on 28.02.2026.

iii) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions.