- 1 - NC: 2025:KHC:14066 WP No. 4601 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 4601 OF 2025 (GM-CPC) BETWEEN: CYRIAC NJAYARKULAM S/O MATHAI NIJAYARKULAM AGED ABOUT 78 YEARS REP. BY HIS GPA HOLDER JOSEPH MANNUEL ALIS JOSE PULIKUNNEL CLARET BHAVAN, KURAVILANGADU KOTTYAM DISTRICT, ERNAKULAM KERALA 683576. …PETITIONER (BY SRI. JOSEPH ANILKUMAR A., ADVOCATE) AND: SYED KAMARUDDIN ASLAM AGED ABOUT 60 YEARS S/O S A RASHEED NO 1664/2, MADAVACHAR ROAD K R MOHALLA, MYSORE-570004. …RESPONDENT (BY SRI. HARSHA V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ANNEXURE-A ORDER DATED: 06.02.2025 PASSED IN O.S.245/2025 BY THE LEARNED VIII ADDL. CIVIL JUDGE AND JMFC MYSORE, PASS AN INTERIM ORDER RESTRAINING THE RESPONDENT / DEFENDANT FROM ENTERING THE PROPERTY DURING THE PENDENCY OF THE SUIT AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14066 WP No. 4601 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 06.02.2025 passed by the VIII Addl. Civil Judge and JMFC, Mysuru, whereby Trial Court has refused to grant an order of exparte temporary injunction on I.A.No.1 filed by the plaintiff under Order 39 Rules 1 and 2 read with Section 151 of CPC in O.S.No.245/2025. 2. The plaintiff filed the suit for injunction. Along with the plaint, the plaintiff also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction. The Trial Court, by impugned order dated 06.02.2025, has ordered for issuance of suit summons and emergent notice on I.A.No.1 returnable by 15.03.2025, but has not granted any exparte temporary injunction. On - 3 - NC: 2025:KHC:14066 WP No. 4601 of 2025 15.03.2025, the matter has been adjourned to 24.03.2025. Since no exparte injunction has been granted by the Trial Court, the petitioner is before this Court. 3. The respondent-defendant has appeared before this Court through counsel. The learned counsel for respondent submits that the respondent-defendant will appear before the Trial Court through counsel on the next date of hearing. 4. In view of the above, this court is of the opinion that without expressing any opinion on the merits of the case, the Trial Court has to be directed to consider the application and pass appropriate orders at the earliest. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to consider the application i.e., I.A.No.1 filed by the plaintiff - 4 - NC: 2025:KHC:14066 WP No. 4601 of 2025 under Order 39 Rules 1 and 2 of CPC and pass appropriate orders in accordance with law by end of April 2025, after hearing both the parties, and without being influenced by any observations made in this order. c) Both the parties are directed to maintain status-quo in respect of the suit schedule property, till the disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 20