Sri Y C Eshwar Reddy v. Sri Kempegowda

((((((((((((HC-KAR, NC:(2026:KHC:40612( WP(No.(23450(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010515332026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( RD DATED(THIS(THE(3 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(SMT.(JUSTICE(LALITHA(KANNEGANTI(

WRIT(PETITION(NO.(23450(OF(2026((GM-CPC)(

BETWEEN:((

( , SRI,Y.C.ESHWAR,REDDY, S/O,Y.C.SANDEEP,REDDY,

AGED,ABOUT,28,YEARS, RESIDING,AT,NO.1010, ABOVE,CORPORATION,BANK,

TH26 ,MAIN,ROAD,,JAYANAGAR, TH 4 ,T,BLOCK, BENGALURU-49,

…PETITIONER, (BY,SRI.,V.G.BHANUPRAKASH,,ADVOCATE), ,

AND:( (

1., SRI.KEMPEGOWDA,

Digitally S/O,LATE,BYREGOWDA, signedtiby SUVARNA0T AGED,ABOUT,68,YEARS, Location: , HIGH0COURT OF 2., SMT.RATHNAMMA, KARNATAKA W/O,KEMPEGOWDA, AGED,ABOUT,63,YEARS, ,

3., SMT.,SUJATHA, D/O,KEMPEGOWDA, AGED,ABOUT,38,YEARS, ,

4., SMT.SHASHIKALA,G.K.,, D/O,KEMPEGOWDA, AGED,ABOUT,37,YEARS, , ((((((((((((HC-KAR, NC:(2026:KHC:40612( WP(No.(23450(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010515332026( ( ( ,

5., SRI.BYRARAJU, S/O,KEMPEGOWDA, AGED,ABOUT,35,YEARS, ,

6., SRI.NAGARAJU,G.K., S/O,KEMPEGOWDA, AGED,ABOUT,33,YEARS, ,

7., SMT.ASHWINI, W/O,BYRARAJU, AGED,ABOUT,29,YEARS, ,

8., SMT.,NETHRA, W/O,NAGARAJU,G,K, AGED,ABOUT,32,YEARS, , ALL,ARE,RESIDING,AT,, GADARANAHALLI,VILLAGE,, MARALAVADI,HOBLI, HAROHALLI,TALUK, RAMANAGARA,DISTRICT, NOW,BANGALORE,SOUTH,DISTRICT, …RESPONDENTS, , , THIS, WRIT, PETITION, IS, FILED, UNDER, ARTICLES, 226, AND,227,OF,THE,CONSTITUTION,OF,INDIA,,PRAYING,TO,CALL, FOR,RECORDS,IN,O.S.NO.784/2026,PENDING,ON,THE,FILE,OF, THE,COURT,OF,SENIOR,CIVIL,JUDGE,AND,JMFC,,KANAKAPURA., , , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,SMT.,JUSTICE,LALITHA,KANNEGANTI, ( (

ORAL ORDER The petitioner/plaintiff is aggrieved by the order dated

23.07.2026 passed on I.A.No.1 in O.S.No.784/2026 by the Senior Civil Judge and JMFC, Kanakapura, whereby the trial Court has issued suit summons and held that the petitioner has not made out any grounds to grant interim injunction. At the same time, trial Court has not rejected the application for interim injunction.

¶2Learned counsel appearing on behalf of the petitioner submits that the suit is filed for Specific Performance, seeking an injunction not to alienate the property. The Court records the reason that the plaintiff did not submit the recent revenue records for the disputed property. It is submitted that the Court has failed to consider the parameters for grant of an interim injunction, and in the entire order, except on page No.23 of the writ petition material papers, the trial Court has failed to consider the case of the plaintiff. It is further submitted that, in the meantime, if third-party rights have accrued, it would be unnecessary lead to multiplicity of proceedings, and this Court may please grant an ad-interim

injunction restraining the defendants from alienating the property.

¶3Having heard learned counsel appearing on behalf of the petitioner, perused the material on record. I.A.No.1 filed for an interim injunction is not dismissed. The trial Court, in fact, finds that the petitioner has not made out a case and then issues suit summons. This Court has perused the order, and in the entire order, no discussion is forthcoming on the parameters, what the petitioner has failed to fulfil, and what the Court has to consider at the interlocutory stage. Except for discussing the settled law, the trial Court has failed to consider the facts and circumstances of the case. In that view of the matter, this Court is passing the following: ORDER i. The order dated 23.07.2026, passed on I.A.No.1 in O.S.No.784/2026 by the Senior Civil Judge and JMFC, Kanakapura is set aside.

ii. The trial Court shall hear the matter afresh and pass orders in accordance with law

within a period of one week from the date of receipt of the copy of the order.

iii. Accordingly, the writ petition is allowed.

iv. All pending I.As., in the petition shall stand closed.

SD/- (LALITHA KANNEGANTI) JUDGE

PKN List No.: 1 Sl No.: 49