- 1 - NC: 2025:KHC:11063 WP No. 6662 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6662 OF 2025 (GM-CPC) BETWEEN: BOLLAMPALLI NAGA VENKATA SANDEEP S/O B VENKATA RAO AGED ABOUT 36 YEARS FLAT NO 213, IRUMALA SANKALP ARCADE SRI. LAKSMINARASIHMA COLONY OLD BOWENPALLY, HYDERABAD-500011 …PETITIONER (BY SRI. R G HEGDE., ADVOCATE) AND: SRI. SHIVA. B S/O HANUMANTHAI B AGED BOUT 38 YEARS R/O FLAT NO 108 PREMIOR SOLITUDE APARTMENT 16TH MAIN ROAD, VEERANNAPALYA NAGAWAR, BENGALURU-560045. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS, QUASH THE ORDER DATED: 21.02.2025 PASSED BY THE LEARNED CITY CIVIL JUDGE BENGALURU IN O.S. 1269 OF 2025 AS PER ANNEXURE-J AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11063 WP No. 6662 of 2025 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 seeking for a direction to the Trial Court to dispose of I.A.No.I filed by the plaintiff under Order 39 Rules 1 and 2 of CPC in O.S.No.1269/2025. 2. In view of the prayer sought by the petitioner, service of notice to respondent is not necessary. 3. Plaintiff has filed the suit for permanent injunction. Along with the suit, the plaintiff also filed an application under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction. On 20.02.2025, when the matter was posted before the Trial Court, the Trial Court heard on I.A.No.1 and posted the matter for orders on I.A.No.1 by 21.02.2025. On 21.02.2025, the learned counsel for defendant filed vakalath and also filed I.A.No.II for recalling the order dated 20.02.2025 and hence, the matter was adjourned by 10.03.2025. On 10.03.2025, the - 3 - NC: 2025:KHC:11063 WP No. 6662 of 2025 matter was posted for orders on I.A.No.I by 14.03.2025. Again on 14.03.2025, the case was called out and learned counsel for defendant filed I.A.No.III for recalling the order dated 10.03.2025 and the matter came to be adjourned to file objections to I.A.No.III by 25.03.2025. Since no order is passed on I.A.No.1, the plaintiff is before this Court. 4. The plaintiff filed I.A.No.I under Order 39 Rules 1 and 2 of CPC along with the plaint on 20.02.2025. On 21.02.2025, the defendant has appeared through counsel. Even after the appearance of defendant, the Trial Court has not passed any order on I.A.No.1 filed by the plaintiff. 5. Therefore, it is suffice for this Court to direct the Trial Court to dispose of the application i.e., I.A.No.I filed by the plaintiff under Order 39 Rules 1 and 2 of CPC, after hearing both the parties and in accordance with law, on or before 07.04.2025. - 4 - NC: 2025:KHC:11063 WP No. 6662 of 2025 6. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 9