- 1 - NC: 2025:KHC:17966 WP No. 13187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13187 OF 2025 (GM-CPC) BETWEEN: 1. M. RAMANATH SHENOY S/O LATE MR. M GOVIND RAO AGED ABOUT 70 YEARS R/AT 967, J.L.B. ROAD LAXMIPURAM, MYSORE 570004. 2. M. JAGANNATH SHENOI S/O LATE MR. M GOVIND RAO AGED ABOUT 70 YEARS R/AT 967, J.L.B. ROAD LAXMIPURAM, MYSORE 570004. 3. M. GOPINATH SHENOY S/O LATE MR. M GOVIND RAO AGED ABOUT 67 YEARS R/AT 960/4, DIWAN'S ROAD 3RD MAIN, LAXMIPURAM MYSORE 570004. 4. M/S MANGALORE GANESH BEEDI WORKS A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER GOVIND SHENOY HAVING ITS REGISTERED OFFICE AT VINOBA ROAD, MYSORE-570005 . …PETITIONERS (BY SRI UDAY HOLLA, SENIOR COUNSEL FOR SRI. KARAN JOSEPH., ADVOCATE) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17966 WP No. 13187 of 2025 AND: 1. PADMINI KAMATH D/O LATE MR. M. GOVIND RAO W/O MR. SHASHIDHAR KAMATH N. AGED ABOUT 59 YEARS R/AT DOOR NO. 2-1-30/1 GANESH KRIPA, CHILIMBI URWA MANGALORE- 575006. 2. NALINI V BHAT D/O LATE MR. M. GOVIND RAO W/O LATE MR D VITTAL BHAT AGED ABOUT 72 YEARS RESIDING AT GOVIND BHARATHI NAGAR BEHIND KSRTC, BEJAI MANGALORE -575 004. 3. THE AUTHORISED OFFICER/MANAGER HOTEL THIMMAPPA, GANESH BAGH. MANGALORE GANESHA BEEDI WORKS COMPOUND, LALBAGH MANGALORE-575003. …RESPONDENTS (BY SRI.AJAY PRABHU., ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29.03.2025 PASSED IN ON IA.NO.II UNDER ORDER XXXIX RULE 1 & 2 R/W SECTION 151 OF CPC, IN OS NO. 88/2025 PASSED BY THE LEARNED IST ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU VIDE ( ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17966 WP No. 13187 of 2025 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-defendant Nos.2 to 5, challenging the orders dated 29.03.2025 and 17.04.2025 on I.A.No.II passed by the I Additional Senior Civil Judge and CJM, Mangaluru in O.S.No.88/2025, whereby the trial Court has granted ex-parte temporary injunction order. 2. The plaintiff has filed the suit for partition. Along with the plaint, she has filed I.A.No.II under Order XXXIX Rules 1 and 2 of the CPC, seeking an ex-parte ad-interim temporary injunction against the defendants. The trial Court, after hearing the plaintiff, granted an ex-parte temporary injunction on 29.03.2025 and issued summons to the defendants on I.A.No.II. Immediately on service of summons, the petitioners-defendants have filed objections - 4 - NC: 2025:KHC:17966 WP No. 13187 of 2025 to I.A.No.II filed by the plaintiff. Since the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC is pending consideration, the petitioners-defendants are before this Court. 3. Since the petitioners-defendants have already filed objection to I.A.No.II filed under Order XXXIX Rules 1 and 2 of CPC, this Court is of the opinion that the trial Court may be directed to dispose of the said application, in accordance with law. 4. Hence, I pass the following order: ORDER a) The writ petition is disposed of. b) The trial Court is directed to dispose of I.A.No.II filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC, in accordance with law, after giving opportunity to both the parties on or before 16.06.2025. - 5 - NC: 2025:KHC:17966 WP No. 13187 of 2025 c) It is made clear that the parties are at liberty to file a memo for preponing the matter after serving the copy to the other side. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 46