- 1 - NC: 2025:KHC:9616 WP No. 6547 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6547 OF 2025 (GM-CPC) BETWEEN: SRI BASAVARAJU S/O LATE CHIKKABASAVAIAH AGED ABOUT 72 YEARS R/AT DODDNALLALA VILLAGE JADIGENHALLI HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT-562114. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. SRI B VENKATESH S/O OF LATE BEERAPPA AGED ABOUT 60 YEARS R/AT NEAR SAMUDAYA BHAVAN VEERANAHALLI VILLAGE BIDARAHALLI HOBLI VIRGONAGAR POST BANGALORE EAST TALUK BANGALORE-560049. 2. SMT. SHANTHAMMA W/OF LATE BEERAPPA AGED ABOUT 46 YEARS R/AT NEAR SAMUDAYA BHAVAN Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9616 WP No. 6547 of 2025 VEERANAHALLI VILLAGE BIDARAHALLI HOBLI VIRGONAGAR POST BANGALORE EAST TALUK BANGALORE-560049. 3. SRI. NAVEEN KUMAR S/O LATE BEERAPPA AGED ABOUT 30 YEARS R/AT NEAR SAMUDAYA BHAVAN VEERANAHALLI VILLAGE BIDARAHALLI HOBLI VIRGONAGAR POST BANGALORE EAST TALUK BANGALORE-560049. 4. SRI.BHARATH, S/O LATE BEERAPPA AGED ABOUT 28 YEARS R/AT NEAR SAMUDAYA BHAVAN VEERANAHALLI VILLAGE BIDARAHALLI HOBLI VIRGONAGAR POST BANGALORE EAST TALUK ABANGALORE-560049. 5. SRI. KEERTHI S/O LATE BEERAPPA AGED ABOUT 25 YEARS R/AT NEAR SAMUDAYA BHAVAN VEERANAHALLI VILLAGE BIDARAHALLI HOBLI VIRGONAGAR POST BANGALORE EAST TALUK BANGALORE-560049. 6. SRI.KIRAN, S/O LATE BEERAPPA - 3 - NC: 2025:KHC:9616 WP No. 6547 of 2025 AGED ABOUT 25 YEARS R/AT NEAR SAMUDAYA BHAVAN VEERANAHALLI VILLAGE BIDARAHALLI HOBLI VIRGONAGAR POST BANGALORE EAST TALUK BANGALORE-560049. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 20.02.2025 IN O.S.NO.65/2025 AS PER ANNEXURE-A PASSED BY THE LEARNED II ADDITIONAL CIVIL JUDGE AND JMFC, HOSKOTE TO THE EXTENT OF GRANTING EX-PARTE INTERIM ORDER IN FAVOUR OF THE RESPONDENTS ON I.A. NO 1 AND 2 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 defendant under Article 227 of the Constitution of India, challenging the order dated 20.02.2025 passed in O.S.No.65/2025, whereby IA filed by the plaintiff under Order XXXIX Rules 1 and 2 has been allowed and ex-parte injunction order has been granted, restraining the petitioner/defendant - 4 - NC: 2025:KHC:9616 WP No. 6547 of 2025 from interfering into the suit schedule property and also restraining from putting up the compound wall. 2. Since ex-parte injunction order has been passed, the remedy available to the petitioner/defendant is to file an application for vacating under Order XXXIX Rule 4 of CPC. 3. In view of the above, without expressing any opinion on the merits of the case, the writ petition stands disposed of permitting the petitioner to file an application under Order XXXIX Rule 4 of CPC, for vacating. If such an application is filed, the trial court is directed to dispose of the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC, in accordance with law, within 30 days from the date of filing of the application by the petitioner/defendant. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 57