- 1 - NC: 2025:KHC:10428 WP No. 4201 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. 4201 OF 2025 (GM-CPC) BETWEEN: 1. SMT. JAYAMMA W/O CHOWDAIAH SINCE DEAD, REP BY HER LR’S SRI RAMESH, S/O CHOWDAIAH AGED ABOUT 51 YEARS. 2. SRI SURESH S/O LATE CHOWDAIAH AGED ABOUT 49 YEARS 3. SRI RAJU S/O LATE CHOWDAIAH AGED ABOUT 47 YEARS 4. SRI B M RAVI S/O LATE CHOWDAIAH AGED ABOUT 43 YEARS 5. SRI CHANDRAIAH S/O LATE CHOWDAIAH AGED ABOUT 43 YEARS PETITIONERS NO.1 TO 5 ARE R/AT BEESEGOWDANA DODDI P HONNAMACHANA HALLI HULIYUR DURGA HOBLI KUNIGAL TALUK, TUMKUR-57218. …PETITIONERS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10428 WP No. 4201 of 2025 (BY SRI. R S RAVI, SENIOR COUNSEL FOR SRI. ANIL KUMAR R., ADVOCATE) AND: SRI K M KRISHNA S/O SRI MARI RAJANNA AGED ABOUT 49 YEARS R/AT KAMPALAPURA HULIYUR DURGA HOBLI KUNIGAL TALUK, TUMKUR-577218. …RESPONDENT 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 1.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.722/2023 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.722/2023 pending on the file of the Principal Civil Judge and JMFC, Kunigal. - 3 - NC: 2025:KHC:10428 WP No. 4201 of 2025 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 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. In view of the above, without expressing any opinion on the merits of the case, the Trial Court is - 4 - NC: 2025:KHC:10428 WP No. 4201 of 2025 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.: 32