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2026 Supreme(Online)(Kar) 28833
THE HIGH COURT OF KARNATAKA
Lalitha Kanneganti, J
Maruthi – Appellant
Versus
V. Hombegowda – Respondent
WP No. 15318 of 2026 | WP No. 15257 of 2026
For the Appellants/Petitioners: Sridhara N.
For the Respondents: Shivashankar K.
The High Court is generally reluctant to interfere with a prima facie finding of a trial court regarding a temporary injunction when the order is based on an existing Memorandum of Understanding defining property shares between parties.
Headnote:The petitioner challenged orders passed in M.A.Nos. 76 and 77 of 2026 by the trial court, which granted temporary injunctions against the alienation of suit property and interference with the possession of a specific share of land as mentioned in a Memorandum of Understanding (MOU). The petitioner contended that the trial court granted excessive relief at the interlocutory stage. The core issue was whether the appellate court was justified in granting an injunction restraining the alienation of the suit property and interference with the possession based on the MOU. The court observed that the trial court's prima facie finding, which considered the MOU where a specific land share was allocated to the plaintiff, justified the injunction and warranted no interference by the high court. The writ petitions were dismissed, and the trial court was directed to dispose of the case expeditiously.
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| 1. high court non-interference with trial court's prima facie injunction order. (Para 1 , 2 , 3 , 4) |
WRIT PETITION NO. 15318 OF 2026 (GM-CPC)
C/W
WRIT PETITION NO. 15257 OF 2026 (GM-CPC)
IN WP No. 15318/2026
BETWEEN:
SRI. MARUTHI
S/O V.HOMBEGOWDA
AGED ABOUT 41 YEARS
RESIDING AT IMMADIHALLI VILLAGE,
NEAR ANJANEYA SWAMY TEMPLE,
WHITEFIELD POST, K.R. PURAM HOBLI,
BENGALURU EAST TALUK - 560 066
…PETITIONER
(BY SRI. SRIDHARA N., ADVOCATE)
AND:
1. SRI. V. HOMBEGOWDA
S/O LATE VENKATAPPA
AGED ABOUT 68 YEARS
2. H.MANOHARA
S/O HOMBEGOWDA
AGED ABOUT 64 YEARS
BOTH ARE RESIDING AT
NO.457, NEAR KARIMARAMMA TEMPLE
IMMADIHALLLI
BENGALURU EAST TALUK
BENGALURU-560 066
3. SMT. HEMAVATHI
D/O V. HOMBEGOWCA
AGED ABOUT 47 YEARS
RESIDING AT BODANAHOSAHALLI VILLAGE,
DUNASANDRA POST,
ANNUGONDANAHALLI HOBLI,
BENGALURU RURAL DISTRICT - 560 067
4. SMT. LAKSHMI @REKHA
D/O V.HOMBEGOWDA
W/O SOMANNA
AGED ABOUT 39 YEARS
R/AT NO. A-6 DEVARAJ BUILDING,
IMMADIHALLI, WHITEFIELD POST,
BENGALURU -560 066
5. SMT. RAJESHWARI
W/O MARUTHI
AGED ABOUT 36 YEARS
6. SMT. JAYALAKSHMAMMA
W/O V.HOMBEGOWDA
AGED ABOUT 64 YEARS
RESPONDENTS NO.5 AND 6 ARE
RESIDING AT IMMADIHALLI VILLAGE,
NEAR ANJANEYA SWAMY TEMPLE,
WHITEFIELD POST, K.R. PURAM HOBLI,
BENGALURU EAST TALUK -560 066
…RESPONDENTS
(BY SRI. SHIVASHANKAR K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR DIRECTION OR ORDER SETTING ASIDE THE ORDER DATED 02.05.2026 (ANNEXURE-A) PASSED IN M.A. NO. 77/2026 ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, IN ALLOWING M.A. 77/2026, I.A. NO. 1 (ANNEXURE-T1) RESTRAINING THE PETITIONER/ RESPONDENT NO. 3 TO 6 FROM ALIENATING THE SUIT SCHEDULE PROPERTY I.E. THE SUBJECT MATTER OF SUIT IN O.S. NO. 2279/2025 AND WERE FURTHER RESTRAINED FROM INTERFERING WITH THE POSSESSION OF THE FIRST RESPONDENT IN RESPECT TO HIS SHARE OF 35 GUNTAS REFERRED TO IN THE MOU UNTIL THE NEXT DATE.
IN WP NO. 15257/2026
BETWEEN:
SRI MARUTHI
S/O V.HOMBEGOWDA
AGED ABOUT 41 YEARS
RESIDING AT IMMADIHALLI VILLAGE,
NEAR ANJANEYA SWAMY TEMPLE,
WHITEFIELD POST, K.R. PURAM HOBLI,
BENGALURU EAST TALUK 560 066.
...PETITIONER
(BY SRI. SRIDHARA N., ADVOCATE)
AND:
1. SRI. V. HOMBEGOWDA
S/O LATE VENKATAPPA
AGED ABOUT 68 YEARS
2. H.MANOHARA
S/O HOMBEGOWDA
AGED ABOUT 64 YEARS
BOTH ARE RESIDING AT
NO.457, NEAR KARIMARAMMA TEMPLE
IMMADIHALLLI
BENGALURU EAST TALUK
BENGALURU-560 066
3. SMT. HEMAVATHI
D/O V. HOMBEGOWCA
AGED ABOUT 47 YEARS
RESIDING AT BODANAHOSAHALLI VILLAGE,
DUNASANDRA POST,
ANNUGONDANAHALLI HOBLI,
BENGALURU RURAL DISTRICT - 560 067
4. SMT. LAKSHMI @REKHA
D/O V.HOMBEGOWDA
W/O SOMANNA
AGED ABOUT 39 YEARS
R/AT NO. A-6 DEVARAJ BUILDING,
IMMADIHALLI, WHITEFIELD POST,
BENGALURU -560 066
5. SMT. RAJESHWARI
W/O MARUTHI
AGED ABOUT 36 YEARS
6. SMT. JAYALAKSHMAMMA
W/O V.HOMBEGOWDA
AGED ABOUT 64 YEARS
RESPONDENTS NO.5 AND 6 ARE
RESIDING AT IMMADIHALLI VILLAGE,
NEAR ANJANEYA SWAMY TEMPLE,
WHITEFIELD POST, K.R. PURAM HOBLI,
BENGALURU EAST TALUK -560 066
...RESPONDENTS
(BY SRI. SHIVASHANKAR K., ADVOCATE FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION OR ORDER SETTING ASIDE THE ORDER DATED 02.05.2026 (ANNEXURE- A) PASSED IN M.A.NO. 76/2026 ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL, IN M.A. 76/2026, RESTRAINING THE PETITIONER/RESPONDENT NO. 3 TO 6 FROM ALIENATING THE SUIT SCHEDULE PROPERTY I.E. THE SUBJECT MATTER OF SUIT IN O.S. NO. 2279/2025 AND WERE FURTHER RESTRAINED FROM INTERFERING WITH THE POSSESSION OF THE FIRST RESPONDENT IN RESPECT TO HIS SHARE OF 35 GUNTAS REFERRED TO IN THE MOU UNTIL THE NEXT DATE.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The petitioner has come before this Court questioning the order dated 02.05.2026 in MA.No.76 and 77/2026 on the file of the 1st Additional District and Sessions
