- 1 - NC: 2025:KHC:667 WP No. 127 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 127 OF 2025 (GM-CPC) BETWEEN: S VENKATESH S/O LATE B.SHAMANNA AGED 66 YEARS R/AT NO.1106, 31ST CROSS 11TH MAIN, 4TH BLOCK JAYANAGAR, BANGALORE-560011. …PETITIONER (BY SRI. MALLA REDDY B V.,ADVOCATE) AND: 1. N GOPAL S/O LATE SMT. MUNIYAMMA AND NARAYANAPPA AGED 56 YEARS R/O NO.58, 6TH CROSS BELLANDUR VILLAGE BENGALURU-560103. 2. SRI.B.N.VENKATESH S/O LATE NARAYANAPPA AGED ABOUT 47 YEARS R/O NO.58, 6TH CROSS BELLANDUR VILLAGE BENGALURU-560103. 3. PRAVEEN KUMAR S/O LATE N.KRISHNA REDDY AGED ABOUT 26 YEARS R/O MAIN ROAD, BELLANDUR VILLAGE BENGALURU-560103. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:667 WP No. 127 of 2025 4. SMT.LAVANYA D/O LATE N.KRISHNA REDDY AGED ABOUT 41 YEARS R/O BELLANDUR MAIN ROAD BEHIND DENTAL CLINIC BELLANDUR VILLAGE BENGALURU-560103. 5. SMT RATHNAMMA W/O SATHYANARAYANA REDDY AGED ABOUT 51 YEARS R/AT MAHADEVPURA BENGALURU-560048. 6. MOHAN BABU REDDY S/O LATE BHAGYAMMA AGED ABOUT 45 YEARS R/O NO.555, 3RD CROSS BEHIND BBMP OFFICE BELLANDUR, BENGALURU-560103. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO. 9274/2024 ON THE FILE OF THE VACATION BENCH i.e. THE HONBLE XLII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-43) AND VACATION JUDGE AT BENGALURU.QUASH THE ORDER DATED: 31.12.2024 (ANNEXURE-A) PASSED ON IA NO.2 UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF C.P.C, IN OS NO. 9274/2024 FILED BY THE PETITIONER / PLAINTIFF AGAINST THE RESPONDENTS, ON THE FILE OF THE VACATION BENCH i.e. THE HONBLE XLII ADDL. CITY CIVIL AND SESSIONS JUDGE AND VACATION BENCH, AT BENGALURU WHEREIN THE HONBLE COURT HAS REFUSED TO GRANT AN EX-PARTE ORDER OF TEMPORARY INJUNCTION AND ORDERED TO ISSUE - 3 - NC: 2025:KHC:667 WP No. 127 of 2025 NOTICES ON IA-2 TO THE RESPONDENTS BY A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT DIRECTION OR ORDER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 31.12.2024 passed by the XLII Addl. City Civil & Sessions Judge, Bengaluru, on I.A.No.2 filed under Order 39 Rules 1 and 2 read with Section 151 of CPC in O.S.No.9274/2024, whereby the Trial Court has issued emergent notice on I.A.No.2 filed by the plaintiff and no exparte injunction has been granted by the Trial Court. 2. The plaintiff filed the suit for permanent injunction restraining the defendants and their men, henchmen, servants, agents, persons claiming through or under them from interfering with the plaintiffs peaceful possession and - 4 - NC: 2025:KHC:667 WP No. 127 of 2025 enjoyment of the suit schedule property. Along with the plaint, the plaintiff also filed I.A.No.2 under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction. The Trial Court, by impugned order dated 31.12.2024, has ordered for issuance of emergent notice on I.A.No.2 and suit summons to the defendant Nos.1 to 6 returnable by 22.01.2025, but it has not granted any ad- interim order of injunction. Hence, the petitioner is before this Court. 3. Be that as it may, the Trial Court except issuing emergent notice to the defendants, it has not passed any order on I.A.No.2 filed by the plaintiff. Under the circumstances, the only direction that can be issued at this stage is to direct the Trial Court to dispose of the said application at the earliest within a time frame. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. - 5 - NC: 2025:KHC:667 WP No. 127 of 2025 b) The Trial Court is directed to consider the application i.e., I.A.No.2 filed under Order 39 Rules 1 and 2 of CPC and pass appropriate orders in accordance with law, on or before 07.02.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 9