D C NARAYANASWAMY v. SRI MUNIRAJU @ MUNIRAJAPPA

(BY SRI.GOWTHAMA.V., ADVOCATE) AND:

SRI MUNIRAJU @ MUNIRAJAPPA, S/O LATE CHIKKAVENKATARAYAPPA, AGED ABOUT 58 YEARS, R/AT DYAVARAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL - 562 110.

SMT. GURAMMA, D/O LATE CHIKKAVENKATARAYAPPA, AGED ABOUT 55 YEARS, R/AT DYAVARAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL - 562 110. SHARADAVANI B Location: High Court of Karnataka …PETITIONER …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA SEEKING TO SET ASIDE THE ORDER DATED 16.01.2024 PASSED ON IA NO.1 BY THE II ADDL. CIVIL JUDGE AND JMFC, DEVANAHALLI, IN O.S NO.23/2024 VIDE ANNEXURE-C AND ISSUE A WRIT OF MANDAMUS OR ANY - 2 - NC: 2026:KHC:356 WP No. 32959/2025 HC-KAR OTHER APPROPRIATE WRIT OR ORDER DIRECTING THE RESPONDENTS, THEIR AGENTS, LEGAL HEIRS, FAMILY MEMBERS, OR ANYBODY CLAIMING UNDER HIM OR THROUGH HIM FROM ENTERING UPON THE SUBJECT PROPERTY OF IN IN PRL. CIVIL JUDGE AND JMFC AT O.S.NO.23/2024 DEVANHALLI SUIT SCHEDULE PROPERTY OR COMMITTING ANY ACT OF WASTE OR DAMAGE OVER THE SUBJECT PROPERTY, VIDE ANNEXURE-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 appropriate writ or order seeking to set aside the order dated

16.01.2024 passed on IA No.1 by the II Addl. Civil Judge and JMFC, Devanahalli, in O.S No.23/2024 vide Annexure-C. b) Issue a Writ of Mandamus or any other appropriate writ or order directing the respondents, their agents, legal heirs, family members, or anybody claiming under him or through him from entering upon the subject property of in O.S.No.23/2024 in Prl. Civil Judge and JMFC at Devanhalli suit schedule property or committing any act of waste or damage over the subject property, vide Annexure-B and etc. - 3 - NC: 2026:KHC:356 WP No. 32959/2025 HC-KAR

2. After arguing the matter for sometime, learned counsel for the petitioner submits that subsequent to the impugned order dated 16.01.2024 passed by the Trial Court, respondents/defendants entered appearance and filed written statement and objections and the matter is posted on 09.02.2026 before the Trial Court for consideration of I.A.No.1 for temporary injunction filed petitioner/plaintiff against respondents/defendants. Therefore, it is submitted that the present petition may be disposed of directing the Trial Court to consider and pass an appropriate order on I.A.No.1 within a stipulated time frame.

Submission is placed on record. In view of the aforesaid facts and circumstances and submissions made by the learned Counsel for the petitioner, I deem it just and appropriate to dispose of this petition directing the Trial Court to consider and dispose of I.A.No.1 for temporary injunction in accordance with law after - 4 - NC: 2026:KHC:356 WP No. 32959/2025 HC-KAR providing sufficient and reasonable opportunity to both parties within a period of one month from 09.02.2026.

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

Subject to the aforesaid directions petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MRP/PKN List No.: 1 Sl No.: 22