- 1 - NC: 2025:KHC:11450 WP No. 1693 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1693 OF 2025 (GM-CPC) BETWEEN: 1. PASHMINA WATERFRONT OWNERS ASSOCIATION (A ASSOCIATION UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT) HAVING ITS OFFICE AT CLUB ELITE PASHMINA WATERFRONT NH4 BHATTARAHALLI,BANGALORE-560049 REPRESENTED BY ITS PRESIDENT SUBIR SARBABIDYA. 2. SRI SUBIR SARBABIDYA S/O LATE DHIRENDRA LAL SARBABIDYA AGED ABOUT 54 YEARS R/AT NO T02A-20A PASHMINA WATERFRONT NH4 BHATTARAHALLI, BANGALORE 560049. 3. SHRI ANSHUL AMIT BANSAL S/O SHRI JAGADISH PRASAD BANSAL AGED ABOUT 44 YEARS R/AT NO T20-25D PASHMINA WATERFRONT NH4 BHTTARAHALLI, BANGALORE-560049. 4. SHRI ROBIN KHOSLA S/O OF SHRI SURINDER KHOSLA AGED ABOUT 42 YEARS R/AT NO T01-16B Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11450 WP No. 1693 of 2025 PASHMINA WATERFRONT NH4 BHATTARAHALLI, BANGALORE 560049. …PETITIONERS (BY SMT. KAVITHA DAMODARAN., ADVOCATE ) AND: 1. LILY REALTY PRIVATE LIMITED (A COMPANY INCORPORATED UNDER COMPANIES ACT, 1957) HAVING ITS OFFICE AT A SHOP 12 1ST FLOOR, PLOT 2, A BLOCK DATTATREYA NIWAS GOKHALE ROAD (SOUTH) PROTUGUESE CHURCH DADAR (W), MUMBAI 400028 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE. 2. BRIGADE ENTERPRISES LIMITED HAVING ITS OFFICE AT NO 26/1 29TH AND 30TH FLOOR WORLD TRADE CENTRE BRIGADE GATEWAY DR RAJKUMAR ROAD MALLESHWARAM, RAJAJINAGAR BENGALURU 560055 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE. …RESPONDENTS (BY SRI. SHRIKARA P K., ADVOCATE FOR R1: SMT. MAYA HOLLA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO MODIFY THE IMPUGNED ORDER DATED: 17.01.2025 PASSED IN O.S.NO.78 OF 2025 IN IA.NO.2 BY HON’BLE II - 3 - NC: 2025:KHC:11450 WP No. 1693 of 2025 ADDITIONAL CITY CIVIL JUDGE AT BANGALORE VIDE ANNEXURE-A 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 This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 17.01.2025 passed on IA No.2 in O.S.No.78/2025, whereby, the trial court has not granted ex-parte injection order, but only issued summons to the respondents/ defendants. 2. The plaintiffs filed a suit for injunction and declaration. Along with the plaint, they filed an application under Order 39 Rules 1 and 2 of CPC, seeking temporary injunction against the defendants. The trial court, on 17.01.2025 issued summons to the defendants. No ex- parte injunction order has been granted. Being aggrieved by the same, the plaintiffs are before this Court. - 4 - NC: 2025:KHC:11450 WP No. 1693 of 2025 3. This Court, by order dated 29.01.2025 directed the respondents not to interfere into the petition ‘B’ schedule property, till the next date of hearing. After service of notice, respondents appeared before this Court and now all the parties are served with notice before the trial court. 4. In view of the above, without expressing any opinion on the merits of the case, the following order is passed: (i) The writ petition is disposed of. (ii) The petitioners/plaintiffs are permitted to file one more application under Order 39 Rules 1 and 2 of CPC before the next date of hearing, i.e., on 28.03.2025. (iii) The trial court is directed to hear the applications filed by the petitioners/plaintiffs under Order 39 Rules 1 and 2 of CPC on 28.03.2025. - 5 - NC: 2025:KHC:11450 WP No. 1693 of 2025 (iv) Both the parties are directed to co-operate for speedy disposal of the application. (v) The trial court is directed to pass order on IAs. filed under Order 39 Rules 1 and 2 of CPC on or before 07.04.2025, in accordance with law, without being influenced by the observations made in the course of this order. (vi) The interim order granted by this Court on 29.01.2025 shall continue till the disposal of the applications. (vii) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 31