- 1 - NC: 2025:KHC:10038 WP No. 4261 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4261 OF 2025 (GM-CPC) BETWEEN: 1. SMT. NINGAMMA W/O LATE SRI. SHIVANNA AGED ABOUT 66 YEARS 2. SRI. MAHESHA S/O LATE SRI SHIVANNA AGED ABOUT 47 YEARS. 3. SRI. SATHISH B.C S/O LATE SRI. SHIVANNA AGED ABOUT 46 YEARS. 4. SRI. B S MANJUNATH S/O LATE SRI SHIVANNA AGED ABOUT 42 YEARS PETITIONER NOs.1 & 2 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) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10038 WP No. 4261 of 2025 AND: VINAY KUMAR AGED ABOUT 40 YEARS S/O B KRISHNA MURTHY R/AT NO L. 202 BRIGADE GATEWAY MALLESHWARAM-560 055 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 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 I.A.NO.1 FILED BY THE PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC., KUNIGAL, TUMKUR IN O.S.NO.723/2023 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 This writ petition is filed by defendant Nos. 1 and 3, 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 - 3 - NC: 2025:KHC:10038 WP No. 4261 of 2025 in O.S.No.723/2023 pending on the file of the Principal Civil Judge and JMFC, Kunigal. 2. In view of the prayer sought for by the petitioners, notice to the respondent is not necessary. 3. The respondent/plaintiff 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 the 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 learned counsel prays for early disposal of IA No.1 filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC. - 4 - NC: 2025:KHC:10038 WP No. 4261 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 CM LIST NO.: 1 SL NO.: 55