- 1 - NC: 2025:KHC:17130 WP No. 12537 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12537 OF 2025 (GM-CPC) BETWEEN: 1. MR. SHANTHA KUMAR S/O LATE MR. THIMMAPPA AGED ABOUT 48 YEARS R/AT NO.54, SADASHIVANAGAR 1ST MAIN ROAD, BENGALURU-560003. 2. MR. SACHIN VORA S/O MR. INDULAL VORA AGED ABOUT 52 YEARS R/AT NO.237, 3RD FLOOR RAJNI GANDHA , GARDEN APARTMENTS NO.21, VITTAL MALLYA ROAD BENGALURU - 560001. 3. VORA REALTY LLP A LIMITED LIABILITY PARTNERSHIP O/A NO.237, 3RD FLOOR RAJNI GANDHA, GARDEN APARTMENTS NO.21, VITTAL MALLYA ROAD BENGALURU-560001. …PETITIONERS (BY SRI. SWAROOP ANAND R., ADVOCATE) AND: 1. MR. G. PRASANNA KUMAR S/O LATE GOVINDAPPA AGED ABOUT 46 YEARS R/AT NO.199, HOLY MOTHER Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17130 WP No. 12537 of 2025 SCHOOL COMPOUND, JEEVANBHIMANAGAR BANGALORE - 560075. 2. MR. S. VEDIYAPPA S/O SRI. SEVATHAPPA AGED ABOUT 28 YEARS R/A L-6, LIC QUARTERS 10TH MAIN, JEEVANBHIMANAGAR MAIN ROAD HAL 3RD STAGE, BENGALURU – 560075. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 28.03.2025 PASSED BY THE HON’BLE XXXVIII ADDL. CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-39) IN O.S.NO. 2243/2025 PRODUCED HEREIN AS ANNEXURE-A 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 petitioners-plaintiffs challenging the order dated 28.03.2025 passed by the XXXVIII Addl. City Civil and Sessions Judge, Bengaluru, whereby Trial Court has refused to grant an order of exparte temporary injunction on I.A.No.1 filed by the - 3 - NC: 2025:KHC:17130 WP No. 12537 of 2025 plaintiffs under Order 39 Rules 1 and 2 read with Section 151 of CPC in O.S.No.2243/2025. 2. Even though the petitioners are seeking for quashing the impugned order dated 28.03.2025 passed by the Trial Court in O.S.No.2243/2025, the learned counsel for the petitioners submits that since I.A.No.1 is still pending before the Trial Court, the Trial Court may be directed to dispose of the application as expeditiously as possible. 3. In view of the said submission of the learned counsel for the petitioners, issuance of notice to the respondents is not necessary and is accordingly dispensed with. 4. The plaintiffs filed the suit for declaration and permanent injunction. Along with the plaint, the plaintiffs also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction. The Trial Court, by impugned order dated 28.03.2025, has ordered for issuance of suit summons and emergent notice on I.A.No.1 to the defendants, but has refused to grant an - 4 - NC: 2025:KHC:17130 WP No. 12537 of 2025 exparte order of temporary injunction. Hence, the petitioners are before this Court. 5. Be that as it may. Since the Trial Court has not passed any order on I.A.No.1 filed by the plaintiffs and I.A.No.1 is still pending, without expressing any opinion on the merits of the case, the Trial Court is directed to consider the application i.e., I.A.No.1 filed by the plaintiffs under Order 39 Rules 1 and 2 of CPC and pass appropriate orders in accordance with law, immediately after appearance of defendants, and after giving opportunity to both the parties. 6. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 19