- 1 - NC: 2025:KHC:4850 WP No. 11878 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11878 OF 2024 (GM-CPC) BETWEEN: 1. SMT JAYAPALASHRI ANIL AGED ABOUT 47 YEARS D/O LATE SRI M R LAKSHMIKANTH RAJE URS AND LATE SMT MEENAKSHIDEVI AVARU AND GRANDAUGHTER OF LATE SRI JAYACHAMARAJA WODEYAR BAHADUR MAHARAJA OF MYSORE W/O SRI ANIL ASWATH R/AT VILLA NO 41 CHAITHANYA LAGROVE NEAR RYAN INTERNATIONAL SCHOOL KUNDALAHALLI, BENGALURU 560037. 2. SRI M L VARCHUSVIN SRIKANTH SIDDALIGARAJE URS AGED ABOUT 42 YEARS S/O LATE SRI M R LAKSHMIKANTH RAJE URS AND LATE SMT MEENAKSHIDEVIV AVARU AND LATE GRANDSON OF LATE SRI JAYACHAMARAJA WODEYAR BAHADUR MAHARAJA OF MYSORE R/AT NO 56, DREAM MEDOWS KUNDALAHALLI, BENGALURU 560037 REPRESENTED BY THEIR POWER OF ATTORNEY HOLDERS Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4850 WP No. 11878 of 2024 SRI PRASANNA KUMAR J A S/O SRI J B AJJE GOWDA AGED ABOUT 64 YEARS R/AT DOOR NO 99 5TH CROSS, 2ND MAIN GANGANAGAR, BENGALURU 560032 AND SRI S HARIS RAO S/O SRI SUKEENDRA RAO AGED ABOUT 42 YEARS R/AT NO 1860, 2ND CROSS K BLOCK, KUVEMPU NAGAR MYSURU 570023 …PETITIONERS (BY SRI. RAJASHEKAR S.,ADVOCATE) AND: 1. SMT RUGMINI JAIKRISHNAN D/O SMT BAGI G MENON MAJOR, R/AT PADMALAYA 421 SARASWATHIPURAM MYSURU 570009. 2. RAJEEV JAIKRISHNAN S/O JAI KRISHANAN MAJOR, R/AT PADMALAYA 421 SARASWATHIPURAM MYSURU 570009. 3. SMT PADMINI D/O JAI KRISHANAN MAJOR, R/AT PADMALAYA 421 - 3 - NC: 2025:KHC:4850 WP No. 11878 of 2024 SARASWATHIPURAM MYSURU 570009. 4. GAJANANA NARAYANA HEGDE S/O NARAYANA SHIVA RAM HEGDE AGED ABOUT 58 YEARS R/AT DOOR NO 8, SANTOSH 6TH MAIN, YADAVAGIRI MYSURU 570020. 5. SMT MADHAVI GAJANANA HEGDE W/O GAJANANA NARAYANA HEGDE AGED ABOUT 56 YEARS R/AT DOOR NO 8, SANTOSH 6TH MAIN, YADAVAGIRI MYSURU 570020. 6. GOPINATH SHENOY S/O LATE N GOVINDARAO AGED ABOUT 62 YEARS R/AT NO 17, TEMPLE ROAD JAYALAKSHMIPURAM, MYSURU 570012. 7. SMT SAVITHRI GOPINATH W/O GOPINATH SHENOY M AGED ABOUT 60 YEARS R/AT NO 17, TEMPLE ROAD JAYALAKSHMIPURAM MYSURU 570012 …RESPONDENTS (BY SRI.NACHIKET JOSHI & NITHYA KALYANI,ADVOCATES FOR R1 TOR3: SRI. SKANDA R K RAO & T N VISHWANATHA, ADVOCATES FOR R4 &R5: SRI. PRADEEP NAYAK, ADVOCATE FOR R6 & R7) - 4 - NC: 2025:KHC:4850 WP No. 11878 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED: 06.04.2024 TO AN EXTENT OF NOT CONSIDERING THE APPLICATION IA NO.1 FILED UNDER ORDER XXXIX RULE 1 AND 2 IN OS NO. 534/2024 FOR GRANT OF EX-PARTE INJUNCTION VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 06.04.2024 passed by the III Additional Senior Civil Judge and CJM, Mysuru, whereby in the application filed by the plaintiffs under Order 39 Rules 1 and 2 of CPC in O.S.No.534/2024, seeking ex-parte injunction order, the same has not been granted and suit summons has been issued. 2. The plaintiffs filed a suit for declaration. Along with the plaint they have also filed an application under Order 39 Rules 1 and 2 of CPC seeking temporary injunction restraining the defendants from alienating the suit - 5 - NC: 2025:KHC:4850 WP No. 11878 of 2024 schedule property. The trial court, by order dated 06.04.2024, has issued emergent notice on IA No.1 and suit summons to the defendants. Being aggrieved by the same, plaintiffs are before this Court. 3. This Court, on 25.04.2024 has passed the following interim order: “Issue emergent notice to respondents. In the meanwhile, the parties are directed not to alienate, encumber or create third party rights over the suit schedule property, till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation/modification of this order.” 4. Thereafter the respondents/defendants have filed applications for vacating the interim order. Now, all the respondents/defendants are served, they have appeared before the trial court and filed the written statement. The only apprehension of the respondents is that, since this Court has passed an interim order, the trial court may be - 6 - NC: 2025:KHC:4850 WP No. 11878 of 2024 influenced by the said order and pass an order on IA filed under Order XXXIX Rules 1 and 2 of CPC. 5. Under these circumstances, the following order is passed: (i) This writ petition is disposed of. (ii) The trial court is directed to dispose of IA filed under Order 39 Rules 1 and 2 of CPC and also application filed under Order 7 Rule 11 of CPC, independently, in accordance with law, without being influenced by the interim order passed by this Court, as expeditiously as possible, not later than the end of March 2025. (iii) Till such time, the interim order granted by this Court shall continue. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 37