- 1 - HC-KAR NC: 2025:KHC:19122 WP No. 11285 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11285 OF 2025 (GM-CPC) BETWEEN: SRI. V.M. VENKATESH, S/O LATE. V. MUNIVENKATAPPA, AGED ABOUT 57 YEARS, R/A UPPAKUNTE VILLAGE, SUGUTUR HOBLI, KOLAR TALUK - 563 102, KOLAR DISTRICT. …PETITIONER (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE) AND: 1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 102. 3. THE ASSISTANT COMMISSIONER, KOLAR DIVISION, KOLAR TALUK, KOLAR - 563 102. 4. THE TAHASILDAR, KOLAR TALUK, KOLAR - 563 102. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19122 WP No. 11285 of 2025 5. SRI. NAGARAJA, S/O GOPALARAJU, AGED ABOUT 50 YEARS, N R EXTENTION, CHINTHANMANI TOWN, CHIKKABALLAPURA - 563 125. …RESPONDENTS (BY SRI. NEELAKANTAPPA PUJAR, HCGP FOR R1 TO R4; SRI. H.N. BASAVARAJU, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASH THE ORDER DATED 04.4.2025 I.A.NOS. II/2025 IN O.S.NO.239/2025 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND J.M.F.C KOLAR. (ANNEXURE-D) CONSEQUENTLY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 04.04.2025, which rejects the application of the petition I.A.No.2/2025 filed under Order 39 Rule 1 and 2 of the CPC seeking temporary injunction. 2. The petitioner is the plaintiff files O.S.No.239/2025 along with an application under Order 39 Rule 1 of the CPC seeking temporary injunction, along with it had preferred - 3 - HC-KAR NC: 2025:KHC:19122 WP No. 11285 of 2025 several other applications under Section 80(2) of the CPC and Order 39 Rule 3 of the CPC. All the three applications appeared to have been taken together and I.A.No.1/2025 that was heard under Section 80(2) of the CPC comes to be allowed and the other two applications in I.A.Nos.2 and 3 under Order 39 Rule 1 of the CPC and Order 39 Rule 3 of the CPC were taken up and Order 39 Rule 3 of the CPC was rejected, but inadvertently it is noticed that Order 39 Rule 1 of the CPC in I.A.No.2/2025 has been rejected. This is fairly admitted by the learned counsel appearing for the defendant, as well. 3. The co-ordinate bench of this Court had granted the following order on 15.04.2025: "Heard. Learned Government Advocate is directed to take notice to respondent Nos.1 to 4. Issue emergent notice to respondent No.5. Parties are directed to maintain status-quo in respect of the suit schedule property, till the next date of hearing." - 4 - HC-KAR NC: 2025:KHC:19122 WP No. 11285 of 2025 While issuing notice to respondent No.5, the parties were directed to maintain status-quo in respect to the suit schedule property. 4. The learned counsel appearing for the respondents submits that there has been interference with the possession of respondent No.5, while the petitioner contends that he is in possession of the property. 5. In the light of the matter being remitted for hearing on the Order 39 Rule 1 of the CPC, by the subject order, I deem it appropriate to continue the order of status-quo for a period of two weeks . 6. Merely, because the status-quo order is continued it would not mean that the concerned Court would be swayed by this order, but shall consider the application on its merit and pass necessary orders. Therefore, both the parties shall not precipitate the matter till the period of two weeks. 7. In that light, I deem it appropriate to set aside the order passed by the concerned Court on I.A.No.2/2025 filed under Order 39 Rule 1 and 2 of the CPC in terms of its order - 5 - HC-KAR NC: 2025:KHC:19122 WP No. 11285 of 2025 dated 04.04.2025 and remit the matter back to the hands of the concerned Court to hear all the parties and pass necessary orders on application under Order 39 Rule 1 of the CPC in I.A.No.2/2025, within an outer limit of two weeks from the date of receipt of the copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 76 CT: BHK