- 1 - NC: 2025:KHC:11996 WP No. 10677 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 10677 OF 2024 (GM-CPC) BETWEEN: 1. SRI. K. N. VENKATASWAMY, S/O V. NARAYANASWAMY, AGED ABOUT 65 YEARS, RESIDING AT SY. No.183/4, MULBAGAL THAILUR MAIN ROAD, KANNASANDRA VILLAGE, AVANI HOBLI, MULBAGAL TALUK, KOLAR DISTRICT 563136. 2. SRI K. N. SRINIVAS, S/O V. NARAYANASWAMY, AGED ABOUT 59 YEARS, RESIDING AT SY. No.183/3, MULBAGAL THAILUR MAIN ROAD, KANNASANDRA VILLAGE, AVANI HOBLI, MULBAGAL TALUK, KOLAR DISTRICT 563136. …PETITIONERS (BY SRI KUMBAR VASANT FAKEERAPPA, ADVOCATE) AND: 1. SRI. V. NARAYANASWAMY, S/O LATE VENKATASWAMY, AGED ABOUT 90 YEARS, RESIDING AT SY No.183/4, MULBAGAL THAILUR MAIN ROAD, KANNASANDRA VILLAGE, AVANI HOBLI, MULBAGAL TALUK, KOLAR DISTRICT 563136. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11996 WP No. 10677 of 2024 2. SRI K. N. RAMAMURTHY, S/O V. NARAYANASWAMY, AGED ABOUT 57 YEARS, RESIDING AT THYAGARAJA COLONY, MULBAGAL TOWN, KASABA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT 563131. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18/03/2024 PASSED BY THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, MULBAGAL, DECLINING TO GRANT EX-PARTE AD-INTERIM ORDER OF TEMPORARY INJUNCTION ON IA No.2 FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF CPC IN OS No.33/2024 VIDE ANNEXURE-D AND FURTHER BE PLEASED TO GRANT AN INTERIM ORDER AS PRAYED FOR IN IA No.2 FILED IN THE ORIGINAL SUIT ALLOWING THE ABOVE WP. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K. V. ARAVIND ORAL ORDER The present writ petition impugning order dated 18.03.2024 in O.S.No.33/2024 on the file of the Senior Civil Judge and JMFC, Mulbagal, wherein Trial Court issued suit summons to the defendants on I.A.Nos.1 to 3 filed under Order XXXIX Rule 1 and 2 of CPC. 2. Learned counsel for the petitioner submits that the Trial Court has proceeded to record evidence without considering I.A Nos.1 to 3 filed under Order XXXIX Rule 1 and 2 of CPC. It is - 3 - NC: 2025:KHC:11996 WP No. 10677 of 2024 submitted that the defendants have not filed written statements. Learned counsel fairly submits, it is suffice the Trial Court is directed to consider the pending applications filed under Order XXXIX Rule 1 and 2 of CPC within time bound. 3. Perusal of the impugned order would indicate that the rights of the petitioner are not prejudiced. Hence, the writ petition can be disposed of with a direction to Trial court to decide the pending applications filed under Order XXXIX Rule 1 and 2 of CPC. 4. In that view of the matter, the following order; Order (i) Writ petition is disposed of directing the Trial Court to dispose of the pending application filed under Order XXXIX Rule 1 and 2 of CPC by the plaintiff within 10 weeks from today. It is made clear that this Court has not expressed any opinion on merits. Sd/- (K. V. ARAVIND) JUDGE MV, List No.: 1 Sl No.: 14