- 1 - NC: 2025:KHC:14895 WP No. 10479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10479 OF 2025 (GM-CPC) BETWEEN: 1. M/S NOVUS SPACES AND MORE A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.23, SIVA ARCADE, 3RD FLOOR 29TH MAIN, BTM LAYOUT IST STAGE BANGALORE-560068 REPRESENTED BY ITS PARTNER MR VALLABHANENI CHANDRASHEKHAR. 2. M/S NOVUS BUILDCON LLP A LIMITED LIABILITY PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.23,SIVA ARCADE, 3RD FLOOR 29TH MAIN, BTM LAYOUT IST STAGE BANGALORE-560068 REPRESENTED BY ITS PARTNER MR VALLABHANENI CHANDRASHEKHAR. …PETITIONERS (BY SRI. AJAY RAO., ADVOCATE) AND: 1. M/S CMRS INFRASTRUCTURE A PARTNERSHIP FIRM INCORPORATED UNDER THE PARTNERSHIP ACT 1932 HAVING ITS REGISTERED OFFICE AT NO.401-292, C BLOCK, BROOK FIELDS BANGAORE-560037 REPRESENTED BY ITS PARTNERS. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:14895 WP No. 10479 of 2025 2. MR CHENNAM RANGASWAMY S/O SRI CHENNAM RANGAIAH AGED ABOUT 46 YEARS R/AT NO.H-108, SRIRAM SPURTHI AECS LAYOUT, BROKE FIELD KUNDALAHALLI BANGALORE-56000. 3. MR A BOSCO @ ANANDARAJ BOSCO AGED ABOUT 55 YEARS S/O SRI SUSAINATHAN ANANDARAJ R/AT NO.822, C BLOCK, 2ND MAIN AECS LAYOUT, KUNDALAHALLI MARATHAHALLI COLONY,BANGALORE-560037. 4. MR GANGAREDDY S/O VENATA REDDY AGED ABOUT 56 YEARS R/AT NO.728, IST MAIN BEHIND SBM BANK, AECS LAYOUT KUNDALAHALLI, MARATHAHALLI COLONY BANGALORE-560037. 5. MR S RAVEENDRA S/O SRI SUBBARAYA REDDY AGED ABOUT 57 YEARS R/AT NO.346,2ND CROSS GURURAJA LAYOUT OPP. CAUVERY GENERAL STORE DODDANEKUNDI, BANGALORE-560037. 6. M/S PRUTHVI PROJECTS A PROPRIETORSHIP ENTITY HAVING ITS REGISTERED OFFICE AT NO.645, FOURTH FLOOR ZEAL SQUARE,12TH CROSS, 27TH MAIN ROAD, BEHIND CAFE COFFEE DAY IST SECTOR, HSR LAYOUT, - 3 - NC: 2025:KHC:14895 WP No. 10479 of 2025 BENGALURU-560102 REPRESENTED BY ITS PROPRIETOR MR N RAGHAVENDRA. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SENIOR CIVIL JUDGE AND JMFC, MALUR TO TAKE UP AND DISPOSE OFF THE INTERIM APPLICATION (IA NO.1) FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE 1908 (AT ANNEXURE-B) 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 seeking for a direction to the Senior Civil Judge and JMFC, Malur, to dispose of the applications filed under Order 39 Rules 1 and 2 of CPC read with Section 151 of CPC. 2. In view of the relief sought by the petitioners, service of notice to respondents is not necessary and is accordingly dispensed with. - 4 - NC: 2025:KHC:14895 WP No. 10479 of 2025 3. The plaintiffs filed the suit for relief of declaration and injunction. Along with the plaint, the plaintiffs also filed application under Order 39 Rules 1 and 2 of CPC. The Trial Court on 21.10.2024 has granted an exparte order of temporary injunction. On service of suit summons, the defendants appeared and filed written statement. After hearing the parties, the exparte injunction order granted in favour of plaintiffs has been vacated on 18.12.2024 and consequently the applications filed by the plaintiffs came to be rejected. Being aggrieved by the same, the plaintiffs have filed M.A.No.10/2025 before the Senior Civil Judge and JMFC, Malur. 4. The learned counsel for the petitioners has submitted that the respondents-defendants are represented through caveator before the First Appellate Court and they have refused to take notice. Hence, notice has been issued to caveators on 03.02.2025 and the matter has been adjourned to 14.03.2025. On 14.03.2025, the matter has been adjourned to 03.06.2025. Since no order has been - 5 - NC: 2025:KHC:14895 WP No. 10479 of 2025 passed on the applications filed by the plaintiffs, the plaintiffs-petitioners are before this Court. 5. In view of the above, without expressing any opinion on the merits of the case, the First Appellate Court is directed to dispose of the applications filed by the plaintiffs under Order 39 Rules 1 and 2 of CPC in accordance with law on or before 16.06.2025. 6. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 7