- 1 - NC: 2025:KHC:13186 WP No. 3275 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 3275 OF 2021 (GM-CPC) BETWEEN: SRI. PRATEEK KUMAR S/O PRAFUL KUMAR, AGED ABOUT 50 YEARS, ROW HOUSE NO 1, GOLD FIELD ENCLAVE, SOUTH MAIN ROAD, KOREGAON PARK, PUNE 411001 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI B V MADHAV S/O LATE BALASUBRAMANIAM AGED ABOUT 52 YEARS R/AT NO.2/1686, SOWPARNIKA 1ST CROSS, 2ND BLOCK VISHWA PRIYA LAYOUT, BEGUR BANGALORE 560068 …PETITIONER (BY SRI. HARSHA D JOSHI.,ADVOCATE) AND: 1. SRI. MUNINANJAPPA S/O LATE APPAJAPPA, AGED AOUT 56 YEARS, R/AT MARALU BAGILU, WARD NO 9, DEVANAHALLI, BENGALURU RURAL DISTRICT 562110 2. SRI K MUNIRAJU S/O LATE KEMPANNA, AGED ABOUT 52 YEARS, R/AT PRASHANTH NAGAR, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13186 WP No. 3275 of 2021 DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT-562110. 3. SRI A JANARDHANA SHETTY S/O LATE SANKAPPA SHETTY, AGED ABOUT 77 YEARS, R/AT NO 31A, IMPERIAL COURT, CUNNIGHAM ROAD, BANGALORE 560052 …RESPONDENTS (R1 & R2 SERVED NOTICE TO R3 IS HELD SUFFICIENT V/O DTD 28/3) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DTD.8.9.2020 IN OS.S.NO.621/2020 PASSED BY THE I ADDL SENIOR CIVIL JUDGE AND JMFC DEVANAHALLI IN FAILING TO CONSIDER IA.NO.II FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 BY PASSING AN EX-PARTE ORDER THE CERTIFIED COPY OF THE ORDER IS PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed calling in question the order dated 08.09.2020 passed in OS.No.621/2020 by the I Additional Senior Civil Judge and JMFC, Devanahalli1, whereunder the Trial Court is ordered for issuance of emergent notice on the suit and also on the interim application. Being aggrieved by the non granting of the interim relief as sought for in IA.No.2 filed in OS.No.621/2020 seeking to restrain the 1 Hereinafter referred as to ‘Trial Court’ - 3 - NC: 2025:KHC:13186 WP No. 3275 of 2021 respondents from alienating the suit property, the present writ petition is filed. 2. This Court vide order dated 16.02.2021 while issuing emergent notice in the present writ petition has granted the interim stay as prayed for. 3. It is relevant to note that the suit is filed for injunction as also seeking various declaratory reliefs. It is forthcoming that the interim stay granted by this Court is in force for more than four years and suit as well as IA.No.2 is pending consideration before the Trial Court. 4. In view of the aforementioned, the present writ petition is disposed of by holding that the interim stay granted by this Court restraining the respondents from alienating the suit property shall continue until consideration of IA.No.2 filed in OS.No.621/2020 by the Trial Court. Ordered accordingly. Sd/- (C.M. POONACHA) JUDGE PNV - List No.: 1 Sl No.: 23