- 1 - NC: 2025:KHC:15622 WP No. 11437 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. 11437 OF 2025 (GM-CPC) BETWEEN: 1. M/S KALASA ESTATE A PARTNERSHIP FIRM HAVING ITS OFFICE AT KALA ESTATE KALASA TALUK ,CHIKKAMAGALUR DISTRICT REPRESENTED BY ITS PARTNERS MR. ALAGHU VAIARAM MR.S SIVASUBRAMANIYAM 2. MR. ALAGHU VAIRAM S/O S.O.S SOCKALINGAM AGED ABOUT 31 YEARS RESIDING AT NO. S 13, 2ND FLOOR THE AFFAIRS, PLOT NO. 9, SECTOR-17 PALM BEACH, SANPADA NAVI MUMBAI - 400 705. 3. MR. S SIVASUBRAMANIYAM S/O S.O.S SOCKALINGAM AGED ABOUT 31 YEARS RESIDING AT NO. S 13, 2ND FLOOR THE AFFAIRS. PLOT NO. 9. SECTOR-17 PALM BEACH, SANPADA NAVI MUMBAI-400 705. …PETITIONERS (BY SRI. DHANANJAY JOSHI, SENIOR COUNSEL FOR SRI. VACHAN H U., ADVOCATE) AND: 1. MR MOHAMMED HARRIS S/O MOHAMMED SADIQ SIDDIQ AGED ABOUT 55 YEARS RESIDING AT ROYAL BENS WOOD Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15622 WP No. 11437 of 2025 NO. 90. NAGENAHALLI CROSS BUS STOP, KANNUR POST, BAGALUR BENGALURU-562 149. 2. M/S ASSA REAL ESTATE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 REPRESENTED BY ITS DIRECTOR MR. SUNDAR, AGED ABOUT 52 YEARS RESIDING AT NO. 18, 1ST FLOOR 7TH MAIN ROAD, HRBR LAYOUT KALYANANAGARA, BANGALORE-560043. 3. M/S CARDIER FOODS AND BEVERAGES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 REPRESENTED BY MR. PURUSHOTTAM YEWALE (CFO) OFFICE AT NO. 216, DBS HERITAGE HOUSE PRESCOTT ROAD, FORT, MUMBAI-400 001. 4. MR. SRINIVASAN RAMACHANDRAN S/O G RAMACHANDRAN AGED ABOUT 63 YEARS RESIDING AT NO. 7/10, DHANALAKSHMI NAGAR SN PALYAM. COIMBATORE-641 031. 5. THE MANAGING DIRECTOR SANCTUM TRADING CORPORATION CORPORATE OFFICE AT NO. 240 DR. D.N. ROAD, FORT, MUMBAI-400 001. 6. KAPIL RESORTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 OFFICE AT 15TH FLOOR, KAPIL TOWERS NANAKRAMGUDA, HYDERABAD TELANGANA, INDIA - 500 018. REP. BY ITS DIRECTOR S.O.S SOCKALINGAM 7. MR. VAMAN RAO KASUGANTI DIRECTOR OF KALASA COFFEE AND SPICES PVT LTD - 3 - NC: 2025:KHC:15622 WP No. 11437 of 2025 A COMPANY INCORPORATED UDNER THE COMPANIES ACT 2013 OFFICE AT 15TH FLOOR, KAPIL TOWERS GACHIBOWLI, K V RANGAREDDY SERI LINGAMPALLY, TELANGANA INDIA-500 032. 8. SARVANGA SUNDARI LLP A LIMITED LIABILITY PARTNERSHIP ACT 2008 OFFICE AT S NO. 144, NANAKRAMGUDA GACHIBOWLI SERI LINGAMPALLY HYDERABAD, TELANGANA - 500 032 REP. BY ITS PARTNER SIVASUBRAMANIYAM. …RESPONDENTS (BY SRI.C S PRASANNA KUMAR, SENIOR COUNSEL FOR SRI. ALLAH BAKASH., ADVOCATE C/R ) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 18.02.2025 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGULURU DISTRICT AT MUDIGERE IN O.S. NO. 11 OF 2025 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 defendant Nos.2 to 4, with the following prayer: “In the circumstances, the Petitioners prays that this Hon'ble Court be pleased, in the interests of justice and equity, to set aside the impugned Order dated 18.02.2025 passed by the Hon'ble Senior Civil Judge - 4 - NC: 2025:KHC:15622 WP No. 11437 of 2025 and JMFC, Chikkamaguluru District at Mudigere in O.S.No.11 of 2025 granting an ex-parte ad interim order of temporary injunction with respect to I.A.No.1 by restraining the Petitioners from alienating, encumbering, mortgaging or creating any third party interest in respect of the Suit Schedule Property (ANNEXURE-D) and Order dated 05.04.2025 passed in M.A.No.7 of 2025 by the Hon'ble II Additional District and Sessions Judge at Chikkamagaluru wherein the Hon'ble Appellate Court has not interfered with the Order dated 18.02.2025 on I.A.No.1 in O.S.No.11 of 2025 wherein the Petitioners were restrained from alienating, encumbering, mortgaging or creating any third party interest in respect of the Suit Schedule Property (ANNEXURE - P) and pass such other orders / or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. The plaintiff has filed a suit for declaration. Along with the plaint, he has filed I.A.No.1 under Order XXXIX Rules 1 and 2 of the CPC. The Trial Court, by order dated 18.02.2025, granted an ad-interim ex-parte order of temporary injunction, restraining the defendants, their henchmen, agents, and any person acting under them - 5 - NC: 2025:KHC:15622 WP No. 11437 of 2025 from alienating, creating third-party interest, mortgaging, or creating any charge in any manner over the application schedule property till the next date of hearing. 3. After service of summons, the defendants appeared and filed the written statement. Thereafter, the defendants filed I.A.No.5 under Order VII Rule 10 of the CPC for return of the plaint, and also filed I.A.No.6 under Order XXXIX Rule 4 of the CPC seeking vacating of the ex-parte ad-interim order granted on 18.02.2025. Since the Trial Court has been adjourning the matter for one reason or the other, without considering the applications filed by the defendants and extending the ex parte ad-interim order, the defendants filed an appeal in M.A.No.7/2025 before the District and Sessions Judge, Chikkamagaluru. As the First Appellate Court has also not passed any order, the present petition has been filed. 4. The main grievance of the petitioners is that they filed I.A.No.5 under Order VII Rule 10 of the CPC for return of the plaint, and I.A.No.6 under Order XXXIX Rule - 6 - NC: 2025:KHC:15622 WP No. 11437 of 2025 4 of the CPC seeking vacation of the ex-parte ad-interim order granted on 18.02.2025 on the ground that the Senior Civil Judge and JMFC, Mudigere, does not have the pecuniary jurisdiction to decide the suit. However, without passing any order on the said applications, the ex-parte temporary injunction order has been extended. 5. The learned counsel for the parties have submitted that the matter is posted on 19.04.2025 before the Trial Court, and on that day, both counsel have agreed to argue on all the applications filed before the Trial Court in O.S. No.11/2025. 6. In view of the above, without expressing any opinion on the merits of the case, following order is passed: ORDER a) The writ petition is disposed of. b) The parties are directed to conclude their arguments on all the applications filed before the trial Court on 19.04.2025. - 7 - NC: 2025:KHC:15622 WP No. 11437 of 2025 c) The trial Court is directed to dispose of the applications, in accordance with law, on or before 25.04.2025. In view of disposal of the main petition, all pending I.As., if any, do not survive for consideration and the same are also disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 3