- 1 - NC: 2025:KHC:10429 WP No. 3281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3281 OF 2025 (GM-CPC) BETWEEN: 1. SRI. MOTAPPA @ MOTAIAH S/O LATE SRI. CHOWDAIAH AGED ABOUT 72 YEARS 2. SMT.PREMA W/O SRI. MOTAPPA AGED ABOUT 62 YEARS 3. SRI. PUNEETH KUMAR B M S/O MOTAPPA AGED ABOUT 38 YEARS PETITIONERS NO.1 TO 3 ARE R/AT BEESEGOWDANA DODDI P. HONNAMACHANA HALLI HULIYUR DURGA HOBLI KUNIGAL TALUK, TUMKUR. …PETITIONERS (BY SRI. R.S. RAVI, SENIOR COUNSEL FOR SRI. ANIL KUMAR R., ADVOCATE) AND: 1. B VINAY KUMAR S/O B KRISHNA MURTHY AGED ABOUT 40 YEARS R/AT NO L. 202, BRIGADE GATEWAY MALLESWARAM-560 055. 2. SRI. K.M. KRISHNA S/O SRI. MARI RAJANNA Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10429 WP No. 3281 of 2025 AGED ABOUT 49 YEARS R/AT KAMPALAPURA HULIYUR DURGA HOBLI KUNIGAL TALUK, TUMKUR. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 22.11.2023 IN ADJOURNING THE MATTER WITHOUT PASSING ORDERS ON THE IA NO. 1 FILED BY THE PLAINTIFF UNDER ORDER 39 RULE 1AND 2 R/W 151 OF CPC PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JFMC KUNIGAL TUMKURU IN OS NO. 725/2023 WHICH IS PRODUCED HEREIN VIDE ANNEXURE-D 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 writ petition is filed by petitioners- defendants under Article 227 of the Constitution of India, seeking for a direction to dispose of IA No.1 filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC in O.S.No.725/2023 pending on the file of the Principal Civil Judge and JMFC, Kunigal. - 3 - NC: 2025:KHC:10429 WP No. 3281 of 2025 2. In view of the prayer sought for by the petitioners, notice to the respondents is not necessary. 3. The respondents/plaintiffs filed a suit for injunction. Along with the plaint, he has filed an application under Order XXXIX Rules 1 and 2 of CPC. The Trial Court granted ex-parte injunction order on 22.11.2023. Thereafter, the petitioners/defendants appeared through counsel and filed objections to IA No.1 and also written statement. For one or the other reasons, the matter is being adjourned for consideration of IA No.1 filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC and no final order has been passed till today. Hence, the present petition is filed seeking for a direction to the Trial Court to dispose of IA No.1 filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC. - 4 - NC: 2025:KHC:10429 WP No. 3281 of 2025 4. In view of the above, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of IA No.1 before the end of April 2025, in accordance with law. 5. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 33