- 1 - NC: 2025:KHC:11181 WP No. 1501 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1501 OF 2025 (GM-CPC) BETWEEN: 1. SMT.B.A.DHANALAKSHMI W/O. LATE RAMESH S AGED 53 YEARS 2. NIVEDITHA R. D/O. LATE RAMESH S. AGED 35 YEARS W/O. YOGESH J BOTH ARE REP. BY GPA HOLDER SRI. YOGESH J BOTH ARE RESIDING AT NO.50 AADHYA RESIDENCY, 7TH B MAIN ROAD JAYANAGAR 4TH BLOCK BANGALORE-560011. …PETITIONERS (BY SRI. NITIN RAMESH., ADVOCATE) AND: 1. M/S KNS INFRASTRUCTRE PVT LTD A COMPANY INCORPORATED UNDER COMPANIES ACT, HAVING REGISTERED OFFICE AT NO.1125/12, 1ST FLOOR SERVICE ROAD, HAMPI NAGAR Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11181 WP No. 1501 of 2025 VIJAYANAGAR, BANGALORE-560040 REPRESENTED BY ITS MANAGING DIRECTOR MR K.N.SURENDRA 2. M/S. KNS OVERSEAS PVT. LTD A COMPANY INCORPORATED UNDER COMPANIES ACT HAVING REGISTERED OFFICE AT NO.1125/12, 1ST FLOOR SERVICE ROAD, HAMPI NAGAR VIJAYANAGAR, BANGALORE-560040 REP. BY ITS MANAGING DIRECTOR MR K.N.SURENDRA. 3. SMT. B.S.HEMALATHA AGED ABOUT 62 YEARS D/O. LATE SHARADAMMA W/O. DR. M. MUNIYAPPA R/AT NO.136, 1ST CROSS NEAR SOWDAMI KALYAN MANTAPA DOCTORS COLONY, KONANAKUNTE BANGALORE-560062. 4. DR. M. MUNIYAPPA AGED ABOUT 69 YEARS S/O. MR. MUNICHANNAPPA R/AT NO.136, 1ST CROSS NEAR SOWDAMI KALYAN MANTAPA DOCTORS COLONY, KONANAKUNTE BANGALORE-560062. 5. MR. KARTHIK MUNIYAPPA AGED ABOUT 36 YEARS S/O. DR.M.MUNIYAPPA R/AT NO.136, 1ST CROSS NEAR SOWDAMI KALYAN MANTAPA DOCTORS COLONY, KONANAKUNTE BANGALORE-560062. - 3 - NC: 2025:KHC:11181 WP No. 1501 of 2025 6. MR.B.S. SATYANARAYANA AGED ABOUT 61 YEARS S/O. LATE B.S. SRINIVAS AND LATE B.S. SHARADAMMA R/AT SF-1, NO.1018, GOKHALE ROAD BEML LAYOUT, 3RD STAGE RAJARAJESHWARI NAGAR BANGALORE-560098. 7. SMT. B.S. TARA AGED ABOUT 48 YEARS W/O. B.S. SATYANARAYANA R/AT SF-1, NO.1018, GOKHALE ROAD BEML LAYOUT, 3RD STAGE RAJARAJESHWARI NAGAR BANGALORE-560098. 8. MR. B.S. KUMAR SWAMY AGED ABOUT 29 YEARS S/O. B.S. SATYANARAYANA R/AT SF-1, NO. 1018, GOKHALE ROAD BEML LAYOUT, 3RD STAGE RAJARAJESHWARI NAGAR BANGALORE-560098. 9. MR. B.S. HARSHAVARDHANA AGED ABOUT 25 YEARS S/O. B.S. SATYANARAYANA R/AT SF-1, NO.1018, GOKHALE ROAD BEML LAYOUT, 3RD STAGE RAJARAJESHWARI NAGAR BANGALORE -560098. …RESPONDENTS (BY SRI. RAJESHWARA P N, ADVOCATE FOR R6 TO R9: SRI. SURESH KUMAR H.M., ADVOCATE FOR R3 & R4: NOTICE TO R1, R2 & R5 ARE SERVED AND UNREPRESENTED) - 4 - NC: 2025:KHC:11181 WP No. 1501 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 15/1/2025 AT ANNEXURE- E PASSED BY THE LEARNED CITY CIVIL JUDGE (CCH-40) AT BANGALORE IN OS NO. 1824/2024 ON MEMO DATED 15/01/2025 FILED BY RESPONDENT / DEFENDANT NOS. 6 TO 9 AT ANNEXURE-M 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 15.01.2025 passed by XXXIX Additional City Civil and Sessions Judge, Bengaluru in O.S.No.1924/2024. 2. The plaintiffs filed a suit for injunction. Along with the plaint they filed IA No.1 under Order XXXIX Rules 1 and 2 seeking temporary injunction restraining the defendants from alienating or creating any third party interest in the suit schedule property and IA No.2 under Order XXXIX Rules 1 and 2 of CPC restraining the defendants Nos. 1 and 2 from interfering into the suit schedule property. - 5 - NC: 2025:KHC:11181 WP No. 1501 of 2025 3. On consideration of the applications, the trial court granted ex-parte injunction order restraining all the defendants from interfering into the suit schedule property. Thereafter, that order has been modified and injunction order of restraining has been confined to respondent Nos. 1 and 2. Therefore, the petitioners /plaintiffs filed IA No.V seeking injunction against defendant Nos. 6 to 9. The same is pending consideration. 4. This Court, by order dated 22.01.2025 issued notice to the respondents and has directed the parties to maintain status-quo in respect of the suit schedule property. That order is continued till today. The respondent Nos. 6 to 9/defendant Nos. 6 to 9 have filed IA No.1/2025 for vacating the interim order. On the said application, the matter is posted today. 5. In view of the pendency of the applications IA Nos.1, 2 and 5, without expressing any opinion on the merits of the case, I am of the opinion that the trial court be directed to dispose of the applications on the next date - 6 - NC: 2025:KHC:11181 WP No. 1501 of 2025 of hearing, after giving opportunity to the parties, in accordance with law. 6. In view of the above, the following order is passed: (i) The writ petition is disposed of. (ii) The trial court is directed to dispose of IA Nos. 1, 2 and 5 on the next date of hearing, without granting any adjournment. (iii) The parties are directed not to seek any further adjournment on the date fixed by the trial court. (iv) The parties are directed to appear before the trial court on 28.03.2025, without any notice. (v) The plaintiffs are directed to file necessary application for advancement of the case to 28.03.2025. - 7 - NC: 2025:KHC:11181 WP No. 1501 of 2025 (vi) The interim order of status-quo granted by this Court on 22.01.2025 shall continue till the disposal of the applications. (vii) The trial court is directed to dispose of the applications on or before 04.04.2025. (viii) 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.: 37