- 1 - NC: 2025:KHC:16516 WP No. 12017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12017 OF 2025 (GM-CPC) BETWEEN: M SURESH GOWDA S/O LATE MAYIGOWDA AGED ABOUT 54 YEARS R/AT, NO. 98/N-1, 3RD MAIN ROAD 11TH CROSS ROAD, LALITHA MAHAL NAGAR MYSORE- 570 028. …PETITIONER (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. THE PRESIDENT SIDDARTHA SPORTS CLUB (R) SANMARGA, 2ND STAGE SIDDARTHA NAGAR MYSORE- 570 011 SOCIETIES REGISTRATION ACT 1860 2. THE SECRETARY SIDDARTHA SPORTS CLUB (R) SANMARGA, 2ND STAGE SIDDARTHA NAGAR MYSORE- 570 011 SOCIETIES REGISTRATION ACT 1860. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:16516 WP No. 12017 of 2025 DIRECT THE LEARNED XIII ADDITIONAL CIVIL JUDGE AND JMFC, MYSORE TO PASS NECESSARY ORDER ON I.A.NO.1 IN OS.NO.1391/2024 FILED BY THE PETITIONER / PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 OF CPC, 1908 AS PER 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 petitioner-plaintiff seeking for a direction to the Trial Court to dispose of I.A.No.1 filed by the plaintiff under Order 39 Rules 1 and 2 in O.S.No.1391/2024 as expeditiously as possible. 2. In view of the above prayer sought by the petitioner, service of notice to respondents is not necessary and is accordingly dispensed with. - 3 - NC: 2025:KHC:16516 WP No. 12017 of 2025 3. The plaintiff filed the suit for declaration and injunction. Along with the plaint, the plaintiff also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction on 30.07.2024. The Trial Court on 03.08.2024 ordered for issuance of notice to the caveator and again on 07.08.2024 ordered for re-issuance of notice to caveator. But the Trial Court has not granted any exparte order of temporary injunction. Thereafter, the defendants appeared through counsel and filed written statement and adopted the same objections to I.A.No.1. On 26.09.2024, both the parties were present and the matter was heard on I.A.No.1 and thereafter adjourned to 27.09.2024 for further hearing on I.A.No.1. On 27.09.2024, the matter was adjourned to 01.10.2024 for further hearing on I.A.No.1. Again on 01.10.2024, the parties were present and matter was adjourned to 28.10.2024 for orders on I.A.No.1. On several occasions, the matter was adjourned for orders on I.A.No.1. Till today, no order has been passed on I.A.No.1. Hence, the present petition is filed. - 4 - NC: 2025:KHC:16516 WP No. 12017 of 2025 4. Be that as it may. 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 plaintiff under Order 39 Rules 1 and 2 of CPC and pass appropriate orders in accordance with law on or before 03.05.2025, after hearing both the parties. 5. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 2