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2026 Supreme(Online)(Kar) 27896

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI.B.VENKATESHWARA REDDY – Appellant
Versus
SRI.N.B.GURUDEVA – Respondent


THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 30/04/2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

CAV JUDGMENT

This miscellaneous first appeal is filed challenging the order dated 17.10.2025 passed on I.A.No.I in O.S.No.1777/2024 on the file of XXXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-40) (‘Trial Court’ for short), whereby the application filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC, seeking temporary injunction came to be rejected.

Brief Facts:

2. The case of the plaintiff is that, he purchased schedule ‘A’ and schedule ‘B’ properties bearing Site Nos.34 and 35 situated at Halagevaderahalli Village, Kengeri Hobli, Bengaluru South Taluk, under a registered sale deeds dated 01.02.2023 executed by GPA holders of Smt. Nirmala John. It is stated that the plaintiff traces title to the property through the original owner P.I. Joseph, thereafter through Thangamma Joseph, who inturn executed a Will dated 01.03.1993 in favour of Smt. Nirmala John. It is submitted that the BBMP kathas have been transferred in his name and that sanctioned building plans and licences have

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