- 1 - NC: 2025:KHC:15773 WP No. 11337 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11337 OF 2025 (GM-CPC) BETWEEN: SRI B S MANJUNATH S/O B.N. SUBBA RAO AGED ABOUT 51 YEARS RESIDING AT NO. 115 5TH 'C' CROSS, 3RD MAIN GIRINAGAR, BENGALURU - 560 085. …PETITIONER (BY SRI. GEORGE JOSEPH., ADVOCATE) AND: SRI S MURTHTY S/O SRI. SRIRAMAIAH AGED ABOUT 63 YEARS R/AT CHIKKAJALA VILLAGE YALAHANKA TALUK BENGALURU URBAN DISTRICT-562157. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HON’BLE II ADDL. CIVIL JUDGE AND JMFC, DEVANAHALLI TO EXPEDITIOUSLY DISPOSE OF IA NO.2/2023 FILED BY THE PETITIONER UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE CPC 1908, VIDE (ANNEXURE-D) IN OS NO:597/2023 WITHIN A PERIOD OF TWO WEEKS 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 Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15773 WP No. 11337 of 2025 ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, seeking a direction to the trial court to dispose of IA No.2/2023 filed by the petitioner under Order XXXIX Rules 1 and 2 r/w. Section 151 of CPC in O.S.No.597/2023 expeditiously. 2. The petitioner/plaintiff filed a suit for bare injunction. Along with the plaint, he filed IA No.2/2023 under Order XXXIX Rules 1 and 2 of CPC, seeking an injunction against the respondent. On 22.12.2023 the trial court refused to grant ex-parte interim order but only issued summons. On 02.04.2024 the respondent appeared and filed the objection and written statement. Thereafter, the matter has been adjourned for one or the other reason. Both the parties have submitted their arguments on IA No.2/2023. The matter was reserved for orders on IA No.2 on 17.08.2024. Thereafter, the matter was posted number of times, it was adjourned on the ground that the order is not ready. Till today, no order is passed on IA No.2/2023. Therefore, the petitioner is before this Court. - 3 - NC: 2025:KHC:15773 WP No. 11337 of 2025 3. The learned counsel for the petitioner submits that the matter was posted to today for orders on IA No.2/2023. Even today, the matter has been adjourned to 03.05.2025. 4. In view of the above, since the parties have already addressed their arguments on IA No.2/2023, without expressing any opinion on the merits of the case, the trial court is directed to pass an order on IA No.2/2023 on or before 03.05.2025. Liberty is reserved to the petitioner/plaintiff to advance the case. 5. With the above observations, the writ petition stands disposed of. In view of disposal of the petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 7