- 1 - NC: 2025:KHC:18107 WP No. 6596 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6596 OF 2025 (GM-CPC) BETWEEN: M/S MANGO DEVELOPERS REGISTERED PARTNERSHIP FIRM HAVING OFFICE AT GOYAL HOUSE, OPP. KARNAVATI CLUB S.G. HIGHWAY AHMEDABAD GUJARAT - 380015 REP. BY AUTHORISED REPRESENTATIVE GAJANAND SITARAM GUPTA. …PETITIONER (BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI RAVI SHANKAR R.,ADVOCATE) AND: 1. MR BADRINATH KARPOOR S/O. GOPAL RAO KAPOOR AGED ABOUT 69 YEARS R AT HOUSE NO.64/2, 1ST MAIN ROAD NEAR BATA SHOWROOM, CHAMRAJPET BENGALURU - 560 018. 2. MR. PENMATCHA RAJA GOPALA RAJU S/O LATE P. LAKSHMIPATHI RAJU AGED ABOUT 77 YEARS R/AT PLOT NO.1056/B, ROAD NO.45 JUBILEE HILLS, HYDERABAD TELANGANA 500 033. 3. MR. PENMATCHA VENKATAPATHI RAJU S/O LATE P. LAKSHMIPATHI RAJU AGED ABOUT 66 YEARS R/AT H-8-2-293/A/540 ROAD NO.45 JUBILEE HILLS, HYDERABAD TELANGANA 500 033. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:18107 WP No. 6596 of 2025 4. MRS. PENMATCHA CHANDANA S/O LATE P. LAKSHMIPATHI RAJU AGED ABOUT 49 YEARS R/AT PLOT NO.1056/B, ROAD NO.45 JUBILEE HILLS, HYDERABAD TELANGANA 500 033. 5. MRS. ALLURI SHYAMA (ALSO KNOWN AS MRS. A, SHYAMA) W/O A.S.N. RAJU AGED ABOUT 62 YEARS R/AT PLOT NO. 283, ROAD NO. 25 JUBILEE HILLS, SHAIKPET, HYDERABAD TELANGANA- 500033. 6. MRS. ALURI SUCUNA (ALSO KNOWN AS MRS. A. SUGUNA) W/O A. A.V. RANGARAJU AGED ABOUT 64 YEARS R/AT PLOT NO. 174, ROAD NO. 13 JUBILEE HILLS, SHAIKPET, HYDERABAD TELENGANA- 500033. 7. MRS. ALLURI ARUNDHATI (ALSO KNOWN AS MRS. A. ARUNDHAATI) W/O. RAJU. AGED ABOUT 57 YEARS R/AT PLOT NO. 564, ROAD NO. 31 JUBILEE HILLS, HYDERABAD TELANGANA 500033. 8. MR. N. REDDEAPPA REDDY S/O. N. MUNIRATHNAM REDDY AGED ABOUT 54 YEARS 9. MRS. SUSHMA REDDY W/O REDDEAPPA REDDY AGED ABOUT 50 YEARS 10. MRS. NIRMALA REDDY W/O. C. N. MADAVA REDDY AGED ABOUT 35 YEARS - 3 - NC: 2025:KHC:18107 WP No. 6596 of 2025 R8 TO R10 ARE R/AT NO. 401 SAI KRUPA HEERA, 1ST MAIN BHUVANESHWARI NAGAR BANGALORE-560093. 11. MR. SRINIVAS SIMHADRI S/O. SURYA RAO SIMHADRI AGED ABOUT 43 YEARS R/ AT NO. 39, 3RD CROSS PRASHANTHNAGAR, DEVANHALLI TOWN BANGALORE RURAL DISTRICT-56 2110. 12. MR. ANNE SUBHAS CHANDRA BOSE S/O. ANJAIAH AGED ABOUT 83 YEARS R/AT MUDDANNUR VILLAGE UUYYUR MANDALAM, KRISHNA DISTRICT ANDRA PRADESH-521165. 13. SMT. ANITHA SAKURU W/O. RAGUVEER SAKURU AGED ABOUT 53 YEARS R/AT NO. B-35, ROAD NO. 9 FILIM NAGAR, JUBLIEE HILLS HYDERABAD-500033. 14. MR. G. TIMMAIAH S/O. LATE VENKATAPPA MAJOR IN AGE R/AT NO. B-35, ROAD NO. 9 FILIM NAGAR, JUBLIEE HILLS HYDERABAD-500033. 15. MR. ANNA SUBHASH S/O. ANNE ANJINAYYA AGED ABOUT 72 YEARS R/AT NO. B 35, ROAD NO. 7 AND 10 FILIM NAGAR, JUBLIEE HILLS HYDERABAD-500033. 16. SRI. D. K. VENUGOPALA S/O. M. KRISHNAPPA AGED ABOUT 53 YEARS R/AT NO. CROSS ROAD - 4 - NC: 2025:KHC:18107 WP No. 6596 of 2025 DEVANAHALLI TOWN BANGALORE RURAL DISTRICT -562110. 17. SRI. M. SHAMANNA S/O. LATE MUNISHAMAPPA AGED ABOUT 95 YEARS 18. SRI. MUNIRAJU S/O. M. SHAMANNA AGED ABOUT 55 YEARS 19. SRI. MUNIKRISHNA S/O. M. SHAMANNA AGED ABOUT 50 YEARS 20. SRI. KEMPAIAH S/O. LATE MUNISHAMAPPA AGED ABOUT 99 YEARS 21. SMT. MUNITHAYAMMA S/O. KEMPAIAH AGED ABOUT 68 YEARS 22. SRI. K. NARAYANASWAMY S/O. KEMPAIAH AGED ABOUT 61 YEARS 23. SRI. PILLAMUNISHAMAPPA S/O. KEMPAIAH AGED ABOUT 57 YEARS 24. SRI. D. K. MANJUNATH S/O. KEMPAIAH AGED ABOUT 52 YEARS R17 TO R24 ARE R/AT DASARAHALLI VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562110. 25. SRI. CHIKKANARAYANASWAMY S/O. MUNISHAMAPPA AGED ABOUT 52 YEARS R/AT AVATHI VILLAGE, KASABA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-56 2110. - 5 - NC: 2025:KHC:18107 WP No. 6596 of 2025 26. SMT. CHINNAMMA W/O. LATE LAKSHMAIAH REDDY AGED ABOUT 92 YEARS R/AT NO. 19, GAYATHRI DEVI PARK EXTENSION VYALIKAVAL, BANGALORE 560003. 27. SRI. RAMESH S/O. LATE RAMAIAH AGED ABOUT 87 YEARS R/AT BALLEGERE VILLAGE B G PURA HOBLI, MALAVALLI TALUK MANDYA-571421. …RESPONDENTS (BY SRI. N RAMESHA, ADVCOATE FOR R18 NOTICE TO R2 TO R7, R11,R19,R22 & R24 ARE SERVED AND UNREPRESENTED: NOTICE TO R12 TO R16, R17.R20,R21 AND R23 TO R27 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 04.02.2025 PASSED BY THE HON’BLE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI IN IA.NO.2/2025, 3/2025, 4/2025 IN OS NO. 163/2025 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 ORAL ORDER This writ petition is filed by defendant No.7 under Article 227 of the Constitution of India, challenging the order dated 04.02.2025 passed on IA Nos. 2/2025, 3/2025 and 4/2025 in O.S.No.163/2025, whereby ex-parte temporary injunction was granted. - 6 - NC: 2025:KHC:18107 WP No. 6596 of 2025 2. The plaintiff filed a suit for declaration. Along with the plaint, he filed an application under Order 39 Rules 1 and 2 of CPC for temporary injunction. The trial court, by order dated 04.02.2025 granted an ex-parte injunction order. After service of summons, defendant No.7 appeared before the trial court and filed objections to the IA filed by the plaintiff under Order 39 Rules 1 and 2. So far, no order has been passed on the said application. Hence, the petitioner is before this Court. 3. This Court by order dated 06.03.2025 passed the following interim order: “Heard. Issue notice to the respondents. Stay of order dated 04.02.2025 passed by the Additional Senior Civil Judge and JMFC, Devanahalli on IA Nos. 1/2025 to IV/2025 in O.S.No.163/2025, subject to the condition that the petitioner shall not create any third party interest in respect of the suit schedule property, till next date of hearing.” - 7 - NC: 2025:KHC:18107 WP No. 6596 of 2025 4. The said interim order has been continued till this day. Since the application filed by the plaintiff under Order 39 Rules 1 and 2 is pending before the trial court, it is suffice for this Court to dispose of this writ petition reserving liberty to the petitioner/defendant No.7 to file an application under Order 39 Rule 4 of CPC for vacating. If such an application is filed, the trial court is directed to dispose of the said application within 30 days from the date of filing of the application. Till then, the interim order granted by this Court, on 06.03.2025, shall continue. 5. 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.: 72