- 1 - NC: 2025:KHC:12227 WP No. 8700 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. 8700 OF 2025 (GM-CPC) BETWEEN: SRI T V VENKATESH S/O. MR. LATE THALLAM VISHWANATHIAH AGED ABOUT 67 YEARS R/AT SKPT ROAD Y. N. HOSAKOTE TOWN AND HOBLI PAVADAGA TALUK TUMKUR DISTRICT 572 141. …PETITIONER (BY SRI. VARUN JOSHI., ADVOCATE) AND: 1. THE TAHSILDAR PAVAGADA TALUK PAVAGADA TUMKUR DISTRICT 561 202. 2. THE VILLAGE ACCOUNTANT Y. N. HOSAKOTE CIRCLE Y. N. HOSAKOTE HOBLI PAVAGADA TALUK TUMKUR DISTRICT - 572 141. 3. THE REVENUE INSPECTOR Y. N. HOSAKOTE HOBLI PAVAGADA TALUK TUMKUR DISTRICT - 572 141. 4. THE ASSISTANT COMMISSIONER MADHUGIRI SUB-DIVISION MADHUGIRI, TUMKUR DISTRICT - 572 132. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:12227 WP No. 8700 of 2025 5. THE DEPUTY COMMISSIONER TUMKUR DISTRICT - 572 101. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR) PAVAGADA TALUK TUMKUR DISTRICT 561 202. 7. THE PANCHAYATH DEVELOPMENT OFFICER Y. N. HOSAKOTE GRAMA PANCHAYATHI Y. N. HOSAKOTE HOBLI PAVAGADA TALUK TUMKUR DISTRICT 572 161. 8. THE EXECUTIVE OFFICER TALUK PANCHAYATHI SAMITHI PAVAGADA TALUK TUMKUR DISTRICT - 561 202. 9. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATHI KASABA HOBLI, PAVAGADA TALUK TUMKUR DISTRICT - 561 202. 10. DEPARTMENT OF LAND REVENUE AND SURVEY GOVERNMENT OF KARNATAKA M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI BENGALURU 560 001. REPRESENTED BY ITS SECRETARY. 11. THE UNDER SECRETARY PANCHAYATH RAJ AND RURAL DEVELOPMENT M. S. BUILDING BENGALURU - 560 001. 12. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT - 3 - NC: 2025:KHC:12227 WP No. 8700 of 2025 ROOM NO. 627, 6TH FLOOR GATE 1, M. S. BUILDING DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENTS (BY SMT. ANITHA N, AGA FOR R1 TO R6 & R10 TO R12) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 25.01.2025 PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC PAVAGADA ON I.A.NO.II IN O.S.NO. 25/2025 AT ANNEXURE-A 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. Learned AGA is directed to take notice for respondents. 2. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 25.01.2025 passed by the Senior Civil Judge and JMFC, Pavagada on I.A.No.II filed under Order XXXIX Rule 1 and 2 of CPC in O.S.No.25/2025, whereby the Trial Court has issued summons to the defendants on the said application. - 4 - NC: 2025:KHC:12227 WP No. 8700 of 2025 3. The learned counsel for the petitioner-plaintiff has submitted that the plaintiff has filed a suit for declaration. Along with the plaint, the plaintiff has filed I.A.No.II under Order XXXIX, Rule 1 and 2 of the CPC, seeking an ad- interim ex-parte temporary injunction restraining the defendants, their agents, servants, or men from interfering with, obstructing, or meddling with the plaintiff's peaceful possession and enjoyment of the suit schedule property in any manner, pending the disposal of the suit. The trial Court, by order dated 25.01.2025, issued notice to the defendants without granting any ex- parte injunction order. Even after the defendants appeared, no order has been passed on the application. Meanwhile, the defendants are trying to dispossess the plaintiff. Therefore, the present petition has been filed. 4. Learned AGA appearing for the respondents has submitted that all the defendants were served before the trial Court. - 5 - NC: 2025:KHC:12227 WP No. 8700 of 2025 5. In view of the above, without expressing any opinion on the merits of the case, the trial Court is directed to consider I.A.No.II filed by the plaintiff under Order XXXIX Rule 1 and 2 of CPC, as expeditiously as possible not later than 17.04.2025 without being influenced by any observation made in this order as well as the impugned order. 6. Till then, the parties are directed to maintain status- quo, in respect of the suit schedule property. 7. All pending I.As. in this writ petition, if any, are dismissed accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 1