- 1 - NC: 2025:KHC:15900 WP No. 11393 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11393 OF 2025 (GM-CPC) BETWEEN: SRI. IMRAN KHAN S/O. LATE SARDAR AGED ABOUT 40 YEARS RESIDING AT HAROHALLI TOWN HAROHALLI HOBLI, HAROHALLI TALUK RAMANAGARA DISTRICT-562112. …PETITIONER (BY SRI. PRADEEP G C., ADVOCATE) AND: 1. SMT. PARVEEN TAJ W/O. LATE SARDAR AGED ABOUT 63 YEARS 2. SRI. IRFAN KHAN S/O. LATE SARDAR AGED ABOUT 35 YEARS 3. SMT. SHAZIA KHANUM D/O. LATE SARDAR AGED ABOUT 33 YEARS 4. SMT. NAZIA KHANUM D/O. LATE SARDAR AGED ABOUT 31 YEARS R1 TO R4 ARE RESIDING AT MASJID CIRCLE, HAROHALLI TOWN HAROHALLIHOBLI HAROHALLI TALUK RAMANAGARA DISTRICT-562 112. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15900 WP No. 11393 of 2025 5. SMT. SHAHEEN ASMA W/O. MOHAMMAD HANEEF NIDONI AGE MAJOR R/AT NEAR NEW INDIAN SCHOOL BWSSB, EAST DIVISION EARLIER KANAKAPURA TALUK PRESENTLY HAROHALLI TALUK RAMANAGARA DISTRICT- 562112. 6. SRI. HARSHAVARDHAN. H.S. S/O. SIDDAIAH AGED ABOUT 43 YEARS R/AT NO.347, 9TH MAIN ROAD J.P.NAGAR 4TH STAGE DOLLARS COLONY BENGALURU-560 078. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED SENIOR CIVIL JUDGE, KANAKAPURA, TO CONSIDER/HEAR THE APPLICATION IN IA.NO.1 VIDE ANNEXURE C, FILED BY THE PETITIONER ON 19.08.2024 UNDER ORDER XXXIX RULE 1 AND 2 OF THE CODE OF CIVIL PROCEDURE FOR GRANTING AD-INTERIM ORDER OF TEMPORARY INJUNCTION IN O.S.NO.581/2024 AS EXPEDITIOUSLY AS POSSIBLE WITHIN REASONABLE TIME 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 petitioner-plaintiff with the following prayers: - 3 - NC: 2025:KHC:15900 WP No. 11393 of 2025 a) Issue a writ of mandamus, directing the learned Senior Civil Judge, Kanakapura, to consider/hear the application in I.A.No.1 vide Annexure-C, filed by the petitioner on 19.08.2024 under Order XXXIX Rule 1 and 2 of CPC for granting ad-interim order of temporary injunction in O.S.No.581/2024 as expeditiously as possible within reasonable time. b) Pass such other orders, as the petitioner is entitled to in the facts and circumstances of the case, including the cost of the proceedings, in the interest of justice and equity. 2. The plaintiff filed the suit for partition and separate possession. Along with the plaint, the plaintiff also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC on 19.08.2024. The Trial Court by order dated 19.08.2024 has ordered for suit summons and notice on I.A.No.1 to defendants. On service of suit summons, the defendants appeared on 03.02.2025 and filed objections to I.A.No.1 on 07.03.2025. The Trial Court has not passed any order on I.A.No.1 and adjourned the matter to 12.06.2025 to hear on I.A.No.1. Since the Trial Court has not passed any order on I.A.No.1, the present petition is filed. - 4 - NC: 2025:KHC:15900 WP No. 11393 of 2025 3. The learned counsel for the petitioner submits that taking advantage of not granting injunction order by the Trial Court, the defendants are alienating the suit schedule properties. Hence, he sought for early disposal of I.A.No.1. 4. In view of the above, without expressing any opinion on the merits of the case, the Trial Court is directed to dispose of I.A.No.1 filed by the plaintiff under Order 39 Rules 1 and 2 of CPC after hearing the parties and in accordance with law. However, the plaintiff is permitted to file a memo for advancement of case before the Trial Court after intimating the defendants. 5. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 5