- 1 - NC: 2025:KHC:3095 WP No. 448 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 448 OF 2025 (GM-CPC) BETWEEN: SRI G K VASUDEV SON IN LAW OF LATE SRI. S.V. KESHAVABATTACHARAYA AGED ABOUT 46 YEARS R/O. T. VENKATAPURA SRI. VENKATARAMANASWAMY TEMPLE THALAKAYALABETTA, SIDLAGHATTA TALUK CHIKKABALAPURA DISTRICT - 562105 …PETITIONER (BY SRI K N PHANEENDRA, SENIOR COUNSEL FOR SRI. HARISCHANDRA M.,ADVOCATE) AND: 1. THE COMMISSIONER KARNATAKA HINDU RELIGIOUS INSTITUTIONS AND CHARITABLE ENDOWMENTS 4TH FLOOR, MINTO ANJANEYA BHAVAN ALOOR VENKATARAO ROAD CHAMARAJPET, BANGALORE 560 018. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA 562101. 3. THE TAHASILDAR SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT - 562105. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3095 WP No. 448 of 2025 4. SRI. K. YATHIRAJAN S/O. SRI. KESHAVACHAR AGED ABOUT 45 YEARS R/O. T. VENKATAPURA THALAKAYALABETTA, SIDLAGHATTA TALUK CHIKKABALAPURA DISTRICT 562105. …RESPONDENTS (BY SMT RADHA RAMASWAMY., AGA FOR R1 TO R3: NOTICE TO R4 IS UNSERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT SETTING ASIDE THE ORDER DATED 24/04/2024 PASSED BY THE ADDITIONAL CIVIL JUDGE AND J.M.F.C., SHIDLAGHATTA IN O.S. NO.88/2024 ALLOWING THE I.A. NO.1, FILED UNDER ORDER 39 RULE 1 AND 2 OF C.P.C. SEEKING FOR AD-INTERIM ORDER OF TEMPORARY INJUNCTION VIDE ANNEXURE A AND CONSEQUENTLY REJECT THE SAID I.A. NO.1 FILED BY THE 4TH RESPONDENT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner-defendant No.4 challenging the order dated 24.04.2024 passed by the Additional Civil Judge and JMFC, Shidlaghatta, on I.A.No.1 filed by the plaintiffs under Order XXXIX Rules 1 and 2 of CPC in O.S.No.88/2024, whereby the Trial Court - 3 - NC: 2025:KHC:3095 WP No. 448 of 2025 has granted an ad-interim order of exparte temporary injunction. 2. The plaintiffs have filed the suit for relief of declaration. Along with the plaint, the plaintiff also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking an order of temporary injunction. The Trial Court, by order dated 24.04.2024 has granted an ad-interim order of exprate temporary injunction. After service of suit summons, the defendants have appeared and filed written statement. The defendants have also filed application under Order 7 Rule 11 of CPC seeking for rejection of plaint on the ground that the suit is not maintainable and also filed objections to the application filed by the plaintiff under Order 39 Rules 1 and 2 of CPC and sought for vacating the exparte interim order dated 24.04.2024 granted by the Trial Court. Since no order has been passed by the Trial Court on the application and objections filed by the defendants and since the matter is being - 4 - NC: 2025:KHC:3095 WP No. 448 of 2025 dragged on one pretext or the other, the petitioner is before this Court. 3. The learned senior counsel for the petitioner submits that if this Court directs the Trial Court to dispose of the application and consider the objections filed by the defendants, the petitioner will not press for the releifs sought in this writ petition. 4. In view of the said submission of the learned senior counsel for the petitioner, service of notice to respondent No.4 is not necessary. 5. Heard the learned senior counsel for the petitioner. Perused the writ papers. 6. In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, the Trial Court is directed to consider the application filed by the defendants under Order 7 Rule 11 of CPC seeking for rejection of plaint and also consider the objections filed - 5 - NC: 2025:KHC:3095 WP No. 448 of 2025 by the defendants to the application filed by the plaintiff under Order 39 Rules 1 and 2 of CPC and pass appropriate orders, in accordance with law, on or before 28.02.2025. 7. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 30