- 1 - NC: 2025:KHC:12573 WP No. 3429 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 3429 OF 2025 (GM-CPC) BETWEEN: MR.H.V. KRISHNAMURTHY S/O LATE VENKATARAYAPPA AGED ABOUT 80 YEARS R/AT NO.8, SRINIDHI LAYOUT 2ND PHASE, HEROHALLI VISHWANEEDAM POST BENGALURU- 560091. …PETITIONER (BY SRI. NISHANTH A V., ADVOCATE) AND: 1. MR.JAYARAMAIAH S/O LATE KONDAPPA AGED ABOUT 65 YEARS 2. MR.SRIDHAR S/O JAYARAMAIAH AGED ABOUT 40 YEARS 3. MR. MANJUNATH S/O JAYARAMAIAH AGED ABOUT 34 YEARS R1 TO R3 ARE R/AT BYLAKONENAHALLI VILLAGE DASANAPURA HOBLI Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12573 WP No. 3429 of 2025 BENGALURU NORTH TALUK BENGALURU- 562132. …RESPONDENTS (BY SRI. VIJAYAKUMAR R., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 01.02.2025 PASSED BY HON’BLE CIVIL JUDGE AND JMFC, NELAMANGALA IN O.S.NO.60/2025 ON I.A.NO.1 IN SO FAR AS IT PERTAINS TO NON GRANTING OF AD-INTERIM EX-PARTE ORDER OF TEMPORARY INJUNCTION AGAINST THE RESPONDENTS VIDE 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 ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 01.02.2025 passed on IA No.1 in O.S.No.60/2025 by the Civil Judge and JMFC, Nelamangala, whereby on the application filed by the plaintiff under Order 39 Rules 1 and 2, summons has been issued, but refused to grant any ex-parte injunction order. 2. This Court, by order dated 26.02.2025 granted an interim order directing the parties to maintain status-quo. - 3 - NC: 2025:KHC:12573 WP No. 3429 of 2025 The respondents/defendants after service of notice have appeared and the counsel for both the parties submitted that both the plaintiff and defendants are represented by the counsel before the trial court. 3. In view of the above, without expressing any opinion on the merits of the case, the following order is passed: (i) The writ petition stands disposed of. (ii) The trial court is directed to dispose of the *application filed by the plaintiff under Order 39 Rules 1 and 2 of CPC, in accordance with law, after giving opportunity to both the parties, as expeditiously as possible, not later than 25th April 2025. (iii) Liberty is reserved to the parties to file a memo before the trial court for advancement of the case. * Inserted vide chamber order dated: 07.04.2025 - 4 - NC: 2025:KHC:12573 WP No. 3429 of 2025 (iv) The interim order granted by this Court on 06.02.2025 shall continue till the disposal of the *application, subject to modification that the respondents/defendants are permitted to put up enclosures on the suit schedule property. (v) In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 30 * Corrected vide chamber order dated: 07.04.2025