IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

WRIT PETITION NO. 8076 OF 2021 (GM-CPC)

BETWEEN:

MRS. INDIRA KANAKA SASTRI

AGED ABOUT 62 YEARS

D/O. OF LATE COL. D.N. SASTRI

RESIDING AT NO.151

DEFENCE COLONY, 4TH MAIN

INDIRANAGAR

BENGALURU - 560 038.

…PETITIONER

(BY SRI AJESH KUMAR S, ADV.)

AND:

1. DR. VINOD RAM SASTRI

AGED ABOUT 64 YEARS

S/O. LATE CO. D. N. SASTRI,

RESIDING AT 2435 N. SHEFFIELD AVE

UNIT 8, CHICAGO, IL 60614

Digitally UNITED STATES OF AMERICA.

signed by

NANDINI M S

ALSO AT NO. 167, BINNAMANGALA

Location:

LAYOUT, DEFENCE COLONY

HIGH COURT

H.A.L. II STAGE, INDIRANAGAR

OF

KARNATAKA BENGALURU - 560 038.

2. MS. SUMITRA RAJANA SASTRI

AGED ABOUT 57 YEARS

D/O. LATE CO. D. N. SASTRI

RESIDING AT NO. 7, RAYNHAM

RAOD, HAMMERSMITH, LONDON

W6 OHY, UNITED KINGDOM.

ALSO AT NO. 167, BINNAMANGALA

LAYOUT, DEFENCE COLONY

H.A.L. II STAGE, INDIRANAGAR

BENGALURU - 560 038.

…RESPONDENTS (BY SRI LOKESH A, ADV., FOR R-1; SRI K. SUNDARAM, ADV., FOR R-2)

THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDER DTD. 09.04.2021 PASSED BY THE XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE IN O.S.NO.25435/2021 AS PER ANNX-A AND RESTRAIN THE RESPONDENTS FROM CHANGING THE NATURE OF THE PETITION SCHEDULE PROPERTY OR ALIENATING THEIR INTEREST IN IT AS PER THE PARTITION DEED AT ANNX-F AND CONSEQUENTLY DIRECT THE LEARNED HONOURABLE JUDGE IN THE TRIAL COURT TO HEAR AND PASS ORDERS ON THE I.A.NO.1 AND I.A. NO.2 FILED BY THE PETITIONER AS PER ANNX-C AND D. IN AS REASONABLE TIME FRAME AFTER HEARING ALL THE PARTIES.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Plaintiff is before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set aside the order dated 09.04.2021 passed on I.A.No.I and II in O.S.No.25435 of 2021 by the Court of XXVI Addl. City Civil &

Sessions Judge, Bengaluru.

2. Heard the learned counsel for the parties.

3. Suit in O.S.No.25435 of 2021 is filed before the jurisdictional civil Court at Bengaluru by the petitioner herein seeking the relief of declaration and consequential reliefs of mandatory and permanent injunction. In the said suit, I.A.No.I and II were filed on behalf of the plaintiff under Order XXXIX Rule 1 and 2 of CPC. The trial Court initially had issued suit summons and emergent notice on I.A.No.I and II to the defendants. Vide the order impugned dated 09.04.2021, the Trial Court had refused to pass ad-interim order of temporary injunction and had granted time to the defendants to file objections to I.A.No.I and II. Aggrieved by the said order, the petitioner / plaintiff is before this Court.

4. Learned counsel for the petitioner submits that, I.A.No.I and II are still pending consideration before the Trial Court and though objections to I.A.No.I and II are already filed by the defendants, no orders have been passed by the Trial Court on I.A.No.I and II. He submits that this Court while issuing emergent notice to the respondents, has passed an interim order not to alienate or encumber the suit schedule property and the said interim order is being continued ever since then. He submits that the said interim order may be continued and the trial Court may be directed to dispose of I.A.No.I and II on merits within a time frame.

5. Learned counsel for the contesting respondents submits that suit is at the stage of recording defendants' evidence. He submits that the trial Court may also be directed to dispose of the main suit itself on merits as expeditiously as possible.

6. The submissions made on both sides are placed on record.

The writ petition is disposed of with a direction to the Trial Court to consider and dispose of I.A.No.I and II filed in O.S.No.25435 of 2021 on its merits as expeditiously as possible, but not later than a period of two months from the date of