Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9041 WP No. 4228 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4228 OF 2025 (GM-CPC) BETWEEN:
CANARA BANK A PUBLIC SECTOR BANK HAVING ITS BRANCH AT ARM BRANCH MG ROAD BENGALURU-560 001 REP. BY ITS SENIOR MANAGER SANJEEV PANICHER …PETITIONER
(BY SRI. RUKKOJI RAO H S., ADVOCATE) AND:
MR MANJUNATH S/O LATE S V SUBBA REDDY AGED ABOUT 56 YEARS RESIDING AT NO.122 SARJAPURA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BANGALORE RURAL-562 125. …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED: 27.06.2024 AND 25.01.2025 PASSED BY THE IX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-5) AT BENGALURU (TRIAL COURT) IN OS NO. 4561/2024 ON IA.
NO.1/2024 (SUIT) PRODUCED AT ANNEXURE-A 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
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:9041 WP No. 4228 of 2025
ORAL ORDER The submission of the learned counsel for the petitioner is accepted. Office objections are over-ruled.
2. This writ petition is filed by defendant No.11 under Article 227 of the Constitution of India, challenging the ex- parte injunction order passed by the trial court and also sought for a direction to dispose of IA Nos. 1 and 2 filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC and not to extend the ex-parte injunction order. Since no
order was passed on the applications for the last seven months, the petitioner is before this Court.
3. Since the petitioner/defendant No.11 is seeking only a direction to dispose of the applications, service of notice to the respondents is not necessary.
4. The plaintiff filed a suit for partition and separate possession. Along with the plaint, he filed an application under Order XXXIX Rules 1 and 2 for temporary injunction. The trial court, on 27.06.2024 granted an ex-
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NC: 2025:KHC:9041 WP No. 4228 of 2025
parte injunction order restraining the defendants from alienating or interfering into the suit schedule property. On 30.07.2024, the defendant No.11 appeared and filed objections.
5. The learned counsel for the petitioner/defendant No.11 submits that, till today, for one or the other reason, the matter is being adjourned and ex-parte temporary injunction order has been extended without passing any
order on the applications - IA Nos. 1 and 2.
6. In view of the above, without expressing any opinion on the merits of the case, the trial court is directed to dispose of IA Nos. 1 and 2 filed by the plaintiff on or before 21.03.2025.
7. With the above observations, the writ petition stands disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 38