- 1 - HC-KAR NC: 2025:KHC:19251 WP No.7643/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.7643 OF 2021 (GM-CPC) BETWEEN: SRI. PRATEEK KUMAR S/O PRAFUL KUMAR AGED ABOUT 50 YEARS RESIDING AT: ROW HOUSE NO.1 GOLD FIELD ENCLAVE SOUTH MAIN ROAD KOREGAON PARK, PUNE 411001. REP. BY HIS POWER OF ATTORNEY HOLDER SRI. B.V. MADHAV S/O LATE BALASUBRAMANIAM AGED ABOUT 52 YEARS R/AT NO.2/1686, SOWPARNIKA 1ST CROSS, 2ND BLOCK VISHWA PRIYA LAYOUT BEGUR, BANGALORE 560068. …PETITIONER (BY SRI. HARSHA D. JOSHI, ADV.,) AND: 1. SRI. K. MUNIRAJU S/O LATE KEMPANNA AGED ABOUT 50 YEARS RESIDING AT NO.2231/1 'D' BLOCK, NEAR WATER TANK SAHAKARA NAGAR, BANGALORE 560092. 2. SMT. M. PUSHPA W/O SRI. K. MUNIRAJU Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:19251 WP No.7643/2021 AGED ABOUT 42 YEARS RESIDING AT NO.2231/1 'D' BLOCK, NEAR WATER TANK SAHAKARA NAGAR BANGALORE 560092. 3. K.G. KRISHNA S/O GULIGOWDA AGED ABOUT 50 YEARS RESIDING AT NO.1680 5TH A CROSS, 10TH MAIN 2ND BLOCK, BSK 2ND STAGE BANGALORE 560050. …RESPONDENTS (BY SRI. V.B. SHIVAKUMAR, ADV., FOR R3 R1 & R2 SERVED) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDERS DTD.23.2.2021 IN O.S.NO.94/2021 PASSED BY THE ADDL CIVIL JUDGE AND JMFC DEVANAHALLI IN FAILING TO CONSIDER I.A.NO.II FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 BY PASSING AN EX-PARTE ORDER THE CERTIFIED COPY OF THE ORDER IS PRODUCED AS ANNEXURE-A & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:19251 WP No.7643/2021 ORAL ORDER This petition is filed by the plaintiff challenging the order dated 23.02.2021 passed in O.S.No.94/2021 by the Civil Judge and JMFC, Devanahalli, wherein the Trial Court has failed to consider I.A.No.2 filed by the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908. 2. Sri.Harsha D.Joshi, learned counsel for the petitioner submits that the petitioner-plaintiff has filed a suit for declaration and injunction and sought for interim relief in IA No.2. However, the Trial Court could not consider the same. Hence, the petitioner-plaintiff has filed the present petition. It is submitted that this Court, vide order dated 17.04.2021 has granted interim protection to the petitioner and the same protection may be continued till the disposal of the suit. Hence, he seeks to pass necessary orders to that effect. 3. Per contra, learned counsel Sri.V.B.Shivakumar for the respondent No.3 fairly submits that the interim order granted by this Court on 17.04.2021 may be continued till the - 4 - HC-KAR NC: 2025:KHC:19251 WP No.7643/2021 disposal of the suit and the writ petition may be disposed of. The said submission is placed on record. 4. In view of the aforesaid submissions made by the contesting parties, I am of the considered view that the petition deserves to be disposed of by continuing the interim order dated 17.04.2021. The interim order reads as under: "xxx Interim order as prayed for, till next date of hearing. xxx" 5. The above said order would operate till the disposal of the suit. Accordingly, the writ petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 23