- 1 - NC: 2025:KHC:10225 WP No. 6945 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6945 OF 2025 (GM-CPC) BETWEEN: 1. IRANTHABETTU KUTUMBASTHARA ARASU VAIDYANATHA DHOOMAVATHI BUNTA DAIVA TRUST (R). A REGISTERED TRUST, HAVING ITS OFFICE AT SHAMBOOR HOUSE, SHAMBOOR BANTWAL TALUK-574231. REP. BY ITS MANAGING TRUSTEE SRI VISHWANATH POOJARY AGED ABOUT 75 YEARS S/O LATE BABU BANGERA. 2. SRI. ARASU VAIDYANATHA DHOOMAVATHI BUNTA DAIVAGALA DAIVASTHANA IRANTHABETTU BANDARA SAMPRADAYA ANUSTANA PALANA TRUST (AVVDSAP TRUST) A REGISTERED TRUST HAVING ITS OFFICE AT SHAMBOOR, BANTWAL-574231. REP. BY ITS MANAGING TRUSTEE SRI VISHWANATH POOJARY AGED ABOUT 75 YEARS S/O LATE BABU BANGERA DAKSHINA KANNADA-574231. REGISTERED UNDER INDIAN TRUST ACT 1882. …PETITIONERS (BY SRI. SACHIN B S.,ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10225 WP No. 6945 of 2025 AND: 1. ADEPILA BANDARADA MANE KOTYAN KUTUMBASTHARA TARAVAADINA DAIVA DEVARA DHARMIKA TRUST SHAMBOOR, REP. BY ITS SELF STYLED PRESIDENT SMT. MEENA BHAGAVAN DAS AGED ABOUT 58 YEARS W/O SRI. BHAGVAN DAS R/AT DADU POOJARY COMPOUND JEPPU BAPPAL, MANGALORE-575002. REGISTERED UNDER THE INDIAN TRUST ACT 1882. 2. SRI NAVEEN N BAPPALIGE AGED ABOUT 50 YEARS S/O NEELAPPA B SELF-STYLED SECRETARY ADEPILA BANDARADA MANE KOTYAN KUTUMBASTHARA TARAVAADINA DAIVA DEVARA DHARMIKA TRUST SHAMBOOR R/AT KAIKUNJE WEST B.C.ROAD, B. MUDA VILLAGE BANTWAL TALUK, D.K-574219. 3. SMT. MEENA B AGED ABOUT 58 YEARS W/O SRI BHAGVAN DAS R/AT 24-16, 1319, 37 CROSS DADU POOJARY COMPOUND JEPPU BAPPAL, MANGALORE -575002. 4. SRI CHANDRAHAS AGED ABOUT 50 YEARS S/O SRI CHANNAPPA POOJARY R/AT DWARKA NIVAS, KRISHNAGAR BADAKABAIL, KARIYANGALA POST BANTWAL 574219. - 3 - NC: 2025:KHC:10225 WP No. 6945 of 2025 5. MR. JAGANNANTH POOJARY S/O LATE. CHENNAPPA POOJARY AGED ABOUT 63 YEARS ADDAPILLA HOUSE, SHAMBOOR VILLAGE AND POST, BANTWAL-574231. 6. MR. NAVEEN KOTIAN AGED ABOUT 45 YEARS S/O SR. CHENNAPPA POOJARY R/AT CHANNASUNDARI, SANCHAYAGIRI, BANTWAL, MUDA-574219. 7. MR. GANGHADAR AGED ABOUT 43 YEARS S/O SRI CHENNAPPA R/AT KOTTAPPURA, PANAYAL POST KASARGOD-671318. 8. MR. NAGARAJA AGED 40 YEARS S/O SRI. CHENNAPPA ADDAPILLA HOUSE SHAMBOOR VILLAGE AND POST BANTWAL-574231. 9. MR. RAJESH AGED ABOUT 40 YEARS S/O NARAYANA R/AT RENJEMAAR HOUSE, SHAMBOOR BANTWAL-574231. 10. MR. PRABHAKAR AGED ABOUT 60 YEARS S/O LATE RAMAPPA POOJARY R/AT ERANDABETTU HOUSE SHAMBOOR, BANTWAL-574231. 11. SRI. VASANTHA, S/O LATE. SHIVAPPA POOJARY AGED ABOUT 65 YEARS - 4 - NC: 2025:KHC:10225 WP No. 6945 of 2025 R/AT SUBBAYARAPALU HOUSE BADAGAKAJEKKARU POST AND VILLAGE BANTWAL 574231. 12. SRI. GANESH PRASAD S/O JAYASHANKAR AGED ABOUT 43 YEARS R/AT BHANDARA MANE HOUSE SHAMBOOR POST BANTWAL 574231. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.09.2024 ON IA NO. 2 IN OS. NO. 389 OF 2024 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT BANTWAL, DAKSHINA KANNADA, TO THE EXTENT OF REFUSING TO GRANT AN EX- PARTE TEMPORARY INJUNCTION AS PRAYED IN IA NO.2 AND CONSEQUENTLY ALLOW THE IA NO. 2 FILED BY THE PETITIONER AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 petitioners-plaintiffs challenging the order dated 09.09.2024 passed by the Principal Civil Judge and JMFC, Bantwal, D.K., on I.A.No.II in O.S.No.389/2024. - 5 - NC: 2025:KHC:10225 WP No. 6945 of 2025 2. At the outset, the learned counsel for the petitioners submits that he will not press the prayers sought in the writ petition, but however, he seeks for a direction to the Trial Court to dispose of I.A.No.II filed by the plaintiffs under Order 39 Rules 1 and 2 of CPC in O.S.No.389/2024, as expeditiously as possible. 3. In view of the said submission of the learned counsel, issuance of notice to respondents/defendants is not necessary. 4. Plaintiffs have filed the suit for relief of permanent injunction. Along with the suit, the plaintiffs have also filed I.A.No.II under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction on 04.09.2024. The Trial Court by order dated 09.09.2024 has ordered for issuance of suit summons and emergent notice on I.A.No.II to the defendants and refused to grant exparte order of temporary injunction. The defendants have appeared and filed written statement. But the Trial Court has not passed - 6 - NC: 2025:KHC:10225 WP No. 6945 of 2025 any order on the application and the matter is being adjourned on one pretext or the other. Hence, the present writ petition is filed. 5. Therefore, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of the application I.A.No.II filed by the plaintiff under Order 39 Rules 1 and 2 of CPC, in accordance with law, within four weeks from the date of receipt of certified copy of this order. 6. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 7