- 1 - NC: 2025:KHC:12257 WP No. 6590 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6590 OF 2025 (GM-CPC) BETWEEN: DR. KN SATISH ABOUT 71 YEARS S/O LATE SRI. K N NAGARAJ NO. 45, 11TH MAIN ROAD 13TH CROSS, MALLESHWARAM BENGALURU 560003. …PETITIONER (BY SRI. V SRINIVASA RAGHAVAN, SENIOR COUNSEL FOR SRI. JAYANTH V., ADVOCATE) AND: 1. K N BALASUBRAMANYA AGED ABOUT 70 YEARS S/O LATE K N NAGARAJ SECOND FLOOR NO. 45 11TH MAIN ROAD 13TH CROSS MALLESHWARAM BENGALURU 560003. 2. KN RAJALAKSHMI AGED ABOUT 67 YEARS D/O LATE KN NAGARAJ GROUND FLOOR NO. 45 11TH MAIN ROAD 13TH CROSS MALLESHWARAM BENGALURU 560003. 3. DR. KN SUDHA AGED ABOUT 73 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12257 WP No. 6590 of 2025 D/O LATE K N NAGARAJ GROUND FLOOR NO. 45 11TH MAIN ROAD 13TH CROSS MALLESHWARAM BENGALURU 560003 …RESPONDENTS (BY SMT.LAKSHMY IYENGAR, SENIOR COUNSEL FOR SRI. SAMPATH A., ADVOCATE FOR R1 & R3: SRI. MANAN VERMA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF O.S.NO.1502 ON THE FILE OF THE XIX ADDI. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-18) AND SET ASIDE THE ORDER DATED 03-03-2025 (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 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 03.03.2025 passed by the XIX Addl. City Civil and Sessions Judge, Bengaluru, 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.1502/2025. - 3 - NC: 2025:KHC:12257 WP No. 6590 of 2025 2. The plaintiff filed the suit for partition and separate possession. 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 03.03.2025, has ordered for issuance of suit summons and emergent notice on I.A.No.1 to the defendants, but it has not granted any ad-interim order of temporary injunction. Hence, the petitioner is before this Court. 3. It is submitted at the Bar that the respondents- defendants have appeared through counsel before the Trial Court. 4. This Court on 06.03.2025 had issued notice to the respondents and directed the parties not to create any third party interest in respect of the petition schedule property. 5. Be that as it may. Since the Trial Court has not passed any order on I.A.No.1 filed by the plaintiff, this - 4 - NC: 2025:KHC:12257 WP No. 6590 of 2025 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. 6. 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 under Order 39 Rules 1 and 2 of CPC and pass appropriate orders in accordance with law on or before 09.04.2025, after hearing both the parties. c) The interim order granted by this Court on 06.03.2025 shall continue to operate till the disposal of I.A.No.1 by the Trial Court. - 5 - NC: 2025:KHC:12257 WP No. 6590 of 2025 d) It is made clear that the Trial Court shall decide the said application without being influenced by the interim order granted by this Court or any observation made in this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 33