logo

This Product is Licensed to ,

Change Font Style & Size  Show / Hide

24

  •            

 
CDJ 2026 Kar HC 017 print Preview print Next print
Court : High Court of Karnataka
Case No : Writ Petition No. 38808 Of 2025 (GM-CPC)
Judges: THE HONOURABLE MR. JUSTICE S.R. KRISHNA KUMAR
Parties : Sree Bhavabarushi Padmapeetha Mahasamsthana(R), Represented By Its Gen. Secretary, B.P. Gopikrishna, Bengaluru & Others Versus N. Ganesh & Others
Appearing Advocates : For the Petitioners: Danappa.P. Panibhate, Advocate. For the Respondents: R1, R2 to R5, M.R. Rajagopal, Senior Counsel, P. Anand, Advocate.
Date of Judgment : 07-01-2026
Head Note :-
Constitution of India - Articles 226 & 227 -

Comparative Citation:
2026 KHC 895,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Articles 226 and 227 of the Constitution of India

2. Catch Words:
- injunction
- preponement
- jurisdiction
- abuse of process
- interim order
- ex‑parte

3. Summary:
The petitioner filed a writ petition under Articles 226 and 227 seeking to quash Miscellaneous Petition No.148/2025, the ex‑parte interim order therein, and to obtain a permanent injunction restraining the respondents from acting on behalf of the Shree Kalyana Venkateshwaraswamy Temple Trust. The petitioner also requested police protection for a religious celebration. Both parties appeared and argued for advancing the trial date of the pending miscellaneous petition from 19‑01‑2026 to 12‑01‑2026. The Court, after hearing counsel, disposed of the writ petition without deciding on its merits and directed the trial court to advance the matter as sought, reserving liberty to the petitioner to file a pre‑ponement application. No opinion was expressed on the substantive issues raised.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to quash Miscellaneous Petition No. 148/2025 on the file of the Principal District and Sessions Judge, Bengaluru Rural District, as being not maintainable in Law, without jurisdiction, and an abuse of the process of Court, for the reasons stated in the memorandum of facts and grounds.)

Oral Order

1. In this petition, petitioner seeks for the following reliefs:-

          " (i) Quash Miscellaneous Petition No.148/2025 on the file of the Principal District & Sessions Judge, Bengaluru Rural District, as being not maintainable in law, without jurisdiction, and an abuse of the process of Court, for the reasons stated in the Memorandum of Facts and Grounds.

          (ii) Consequently quash the impugned ex-parte interim order dated:16.12.2025 passed in Miscellaneous Petition No.148/2025, and all further proceedings arising there form.

          (iii) Grant a decree of permanent injunction restraining the Respondents, their agents, or any persons claiming through them from;

          (a) Acting representing, or holding themselves out as Trustees, representatives, or office- bearers of Shree Kalyana Venkateshwaraswamy Temple Trust (SKVTT);

          (b) From collecting donations, issuing announcements, using the Trust name, operating or accessing Trust bank accounts, circulating Account No. and QR codes, or in any manner dealing with the affairs, funds, or properties of the Trust.

          (iv) Issue a direction to the jurisdictional Janabharathi Police Station to grant necessary permission and provide adequate police protection to the Petitioner Association for peacefully organizing and conducting the Vaikuntha Ekadashi celebration scheduled on 30.12.2025, without obstruction or interference from the Respondents or any other persons.

          (v ) Grant such other and further reliefs as this Hon'ble Court may deem fit, just, and proper in the facts and circumstances of the case, in the interest of justice and equity."

2. Heard learned counsel for the petitioner and learned Senior counsel for the respondents and perused the material on record.

3. After arguing the matter for some time, learned counsel for the petitioner submits that the proceedings in Misc.No.148/2025 pending on the file of Prl.District and Sessions Judge, Bangalore Rural District, Bangalore, has been posted on 19.01.2026 for appearance of the petitioner. It is submitted that if the trial court is directed to pre-pone the matter from 19.01.2026 to 12.01.2026, the petitioner would file written statement, objections, documents etc., on that day and the trial court may be directed to consider and pass appropriate orders on merits on I.A.Nos.1 and 2 filed by the respondents - petitioners as expeditiously as possible.

4. Per contra, learned Senior Counsel for the respondents submits that the respondents - petitioners before the trial court do not have any objection for the aforesaid Misc.No.148/2025 to be preponed from 19.01.2026 to 12.01.2026 and necessary directions be issued for expeditious disposal of I.A.Nos.1 and 2 in accordance with law.

5. In view of the aforesaid facts and circumstances, I pass the following:

ORDER

          (i) Petition is hereby disposed of.

          (ii) The trial court is directed to prepone / advance the matter in Misc.No.148/2025 from 19.01.2026 to 12.01.2026.

          (iii) Liberty is reserved in favour of the petitioner to file appropriate advancement / preponement application before the trial court for enabling such advancement / preponement from 19.01.2026 to 12.01.2026, on which date, the petitioner shall file written statement, objections, documents etc., pursuant to which, the trial court shall consider and pass appropriate orders on I.A.Nos. 1 and 2 and Misc.No.148/2205 within a period of two weeks from 12.01.2026.

          (iv) All rival contentions between the parties are kept open and no opinion is expressed on the merits / demerits of the rival contentions.

 
  CDJLawJournal