- 1 - NC: 2025:KHC:10900 WP No. 6476 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6476 OF 2025 (GM-CPC) BETWEEN: 1. VISHWANATHA POOJARY AGED ABOUT 76 YEARS S/O T. K. BABU BANGERA R/AT IRANTHABETTU HOUSE SHAMBOORU VILLAGE & POST BANTWAL TALUK DAKSHINA KANNADA - 574 231. 2. KISHORE KUMAR AGED ABOUT 46 YEARS S/O PURUSHOTHAMMA POJARY R/AT IRANTHABETTU HOUSE SHAMBOORU VILLAGE & POST BANTWAL TALUK DAKSHINA KANNADA - 574 231. 3. KIRAN KUMARA AGED ABOUT 42 YEARS S/O PURUSHOTHAMMA POJARY R/AT IRANTHABETTU HOUSE SHAMBOORU VILLAGE AND POST BANTWAL TALUK DAKSHINA KANNADA - 574 231. 4. LOKESH POOJARY AGED ABOUT 44 YEARS S/O MARAPA POOJARY PACCHINADKA HOUSE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10900 WP No. 6476 of 2025 KALLIGE VILLAGE, BANTWAL TALUK DAKSHINA KANNADA - 574 231. 5. IRANTHABETTU KUTUMBASTHARA ARASU VAIDYANATHA DHOOMAVATHI BUNTA DAIVA TRUST A REGISTERED TRUST HAVING ITS OFFICE AT SHAMBOOR HOUSE SHAMBOOR, BANTWAL TALUK REPRESENTED BY ITS MANAGING TRUSTEE SRI VISHWANATH POOJARY AGED 75 YEARS S/O LATE BABU BANGERA. 6. SRI ARASU VAIDYANATHA DHOOMAVATHI BUNTA DAIVAGALA DAIVASTHANA IRANTHABETTU BANDARA SAMPRADAYA ANUSTANA PALANA TRUST (AVVDSAP TRUST) , A REGISTERED TRUST HAVING ITS OFFICE AT SHAMBOOR,BANTWAL REPRESENTED BY ITS MANAGING TRUSTEE SRI VISHWANATH POOJARY AGED 75 YEARS S/O LATE BABU BANGERA REGISTERED UNDER THE INDIAN TRUST ACT 1882. …PETITIONERS (BY SRI. SACHIN B S.,ADVOCATE) AND: 1. ADEPILABHADRADA MANE DAIVADEVARADHARMIKA TRUST REP BY ITS PRESIDENT MEENA BHAGAVAN DAS AGED ABOUT 59 YEARS W/O BHAGAVAN DAS R/AT DADU POOJARY COMPOUND JEPPU BAPPAL, MANGALORE - 3 - NC: 2025:KHC:10900 WP No. 6476 of 2025 DAKSHINA KANNADA 574219. REGISTERED UNDER THE INDIAN TRUST ACT 1882. 2. NAVEEN N. BAPPALIGE AGED ABOUT 51 YEARS S/O NEELAPPA B SECRETARY OF ADEPILA BHANDARADA MANE, KOTYAN KUTAMBASTHARA TARAVAADINA DAVIA DEVARA DHARMIKA TRUST, SHAMBOOR R/AT KAIKUNJE WEST B. C. ROAD B. MUDA VILLAGE BANTWAL TALUK DAKSHINA KANNADA - 574 219. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.07.2024, 22.07.2024, 05.08.2024, 05.09.2024, 01.10.2024, 11.11.2024, 21.11.2024, 27.11.2024 30.11.2024, 07.12.2024, 12.12.2024, 18.12.2024, 19.12.2024, 10.01.2025, 04.02.2025, 18.02.2025 IN O.S. 259 OF 2024 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT BANTWAL, DAKSHINA KANNADA, THEREBY EXTENDING THE EX-PARTE TEMPORARY INJUNCTION GRANTED IN IA NO.II IN FAVOUR OF PLAINTIFFS /RESPONDENTS, AS PER ANNEXURE-A AND A1 ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD - 4 - NC: 2025:KHC:10900 WP No. 6476 of 2025 ORAL ORDER 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioners seeking for a direction to the Trial Court to dispose of I.A.No.III filed by the applicants under Order 39 Rule 4 of CPC in O.S.No.259/2024. 2. Plaintiffs have filed the suit for injunction. Along with the suit, the plaintiffs also filed an application under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction. The Trial Court, by order dated 15.06.2024 has granted an order of exparte temporary injunction. The said interim order is extended from time to time. After service of suit summons, the defendants appeared through counsel and filed written statement. The petitioner Nos.5 and 6/applicants filed I.A.No.III under Order 39 Rule 4 of CPC for vacating the exparte interim order granted by the Trial Court on 15.06.2024. The said application is dated 10.07.2024. The Trial Court has not passed any order on the said application. Hence, the present petition is filed. - 5 - NC: 2025:KHC:10900 WP No. 6476 of 2025 3. Be that as it may. Without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of the application I.A.No.III filed by the applicants under Order 39 Rule 4 of CPC in accordance with law, on or before 15.04.2025. 4. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 34