- 1 - NC: 2025:KHC:15211 WP No. 11959 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11959 OF 2024 (GM-CPC) BETWEEN: SRI GOVIND PRASAD RAJGARHIA S/O LATE SURAJMAL RAJGARHIA AGED ABOUT 75 YEARS R/AT J -24, BHARANI COMPLEX MINISTER ROAD, SECUNDERABAD-500003. …PETITIONER (BY SRI. MOHAN M S., ADVOCATE) AND: 1. SMT TRIPTI THAKUR W/O LATE SAURABH JHA D/O LATE K N THAKUR AGED ABOUT 50 YEARS R/AT B-114, GOPALAN ARISTOCRAT APARTMENTS EAST OF NGEF KALYAN NAGAR, BENGALURU-560043. ALSO WORKING AT ASSOCIATE DIRECTOR AT KOTAK WEALTHMANAGEMENT CORPORAT OFFICE KOTAK MAHINDRA BANK LTD., NO.22, M G ROAD, BENGALURU-560001. 2. KUMARI AARNAH JHA D/O LATE SAURABH JHA AGED ABOUT 18 YEARS 3. MASTER ISHAN S/O LATE SARUABH JHA AGED ABOUT 14 YEARS Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:15211 WP No. 11959 of 2024 RESPONDENTS NO.2 AND 3 ARE R/AT B 114, GOPALAN ARISTOCRAT APARTMENTS, EAST OF NGEF KALYAN NAGAR, BENGALURU-560043. RESPONDENT NO.3 BEING MINOR REP. BY NEXT FRINED AND NATURAL GUARDIAN MOTHER SMT TRIPTI THAKUR. …RESPONDENTS (BY SRI.S V GIRIDHAR., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06/03/2024 PASSED BY THE HON’BLE XV ADDL. CITY CIVIL JUDGE AND SESSIONS JUDGE ON IA NO. 1 TO 3 BENGALURU (CCH-3), IN OS NO. 1649/2024 VIDE ANNEXURE- E 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 challenging the order dated 06.03.2024 passed by the XV Additional City Civil and Sessions Judge, Bengaluru, whereby Trial Court has refused to grant an order of exparte temporary injunction on the applications filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC in O.S.No.1649/2024. - 3 - NC: 2025:KHC:15211 WP No. 11959 of 2024 2. The plaintiff filed the suit for recovery of money. Along with the plaint, the plaintiff also filed applications under Order XXXIX Rules 1 and 2 of CPC seeking for an order of temporary injunction. The Trial Court, by impugned order dated 06.03.2024, has ordered for issuance of suit summons and emergent notice on applications to the defendants, but it has not granted any ad-interim order of temporary injunction. Hence, the petitioner-plaintiff is before this Court. 3. The learned counsel for the parties submit that all the defendants have been appeared before the trial Court. 4. This Court by order dated 24.04.2024 granted an interim order directing the parties not to alienate, encumber, or create any third-party rights over the suit schedule properties, till the next date of hearing. 5. In view of the above, the following order is passed: ORDER a) The writ petition is disposed of. - 4 - NC: 2025:KHC:15211 WP No. 11959 of 2024 b) The Trial Court is directed to dispose of the applications filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC, in accordance with law, on or before 30.04.2025. c) The interim order granted by this Court on 24.04.2024 shall continue to be in force till the disposal of the said applications. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 156