- 1 - NC: 2025:KHC:8979 WP No. 12549 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 12549 OF 2020 (GM-CPC) BETWEEN: MR VENU KUMAR KESAVAN S/O MR P S KEASAVAN NAMBOOTHIRI, AGED ABOUT 58 YEARS, RESIDING AT FLAT NO 103, RAMYA REGENCY, F4 CROSS, 10TH MAIN, JEEVAN BIMA NAGAR, BANGALORE - 560 075. …PETITIONER (BY SMT. PRAMILA NESARGI SENIOR COUNSEL FOR SMT. BINDU U.,ADVOCATE) AND: 1. MR. T JAYARAMA REDDY S/O LATE G TIMMA REDDY, AGED ABOUT 58 YEARS, RESIDING AT NO 2, MANJUNATHA NILAYA, 13TH CROSS, KAGGADASAPURA C V RAMAN NAGAR POST, BANGALORE - 560 093, MOBILE NO AND EMAIL ID NOT KNOWN. 2. MRS. B N RADHAMMA W/O NARAYANA REDDY, AGED ABOUT 64 YEARS, RESIDING AT NO 3/2, AMBALIPURA, VILLAGE, SARJAPURA MAIN ROAD, BANGALORE - 560 102. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8979 WP No. 12549 of 2020 3. MRS. J USHA W/O T JAYARAMA REDDY, AGED ABOUT 51 YEARS, RESIDING AT NO 2, MANJUNATHA NILAYA, 13TH CROSS, KAGGADASAPURA C V RAMAN NAGAR POST, BANGALORE 560093, MOBILE NO AND EMAIL ID NOT KNOWN. 4. MR. J BHAVISHATH S/O T JAYARAMAREDDY, AGED ABOUT 34 YEARS, RESIDING AT NO 2, MANJUNATHA NILAYA, 13TH CROSS, KAGGADASAPURA C V RAMAN NAGAR POST, BANGALORE - 560 093, MOBILE NO AND EMAIL ID NOT KNOWN. 5. MR. J BHARTHESH S/O T JAYARAMAREDDY, AGED ABOUT 32 YEARS, RESIDING AT NO 2, MANJUNATHA NILAYA, 13TH CROSS, KAGGADASAPURA C V RAMAN NAGAR POST, BANGALORE 560093, MOBILE NO AND EMAIL ID NOT KNOWN. 6. MR. T PRAKASH S/O LATE THIMMARAYAPPA, AGED ABOUT 57 YEARS, RESIDING AT NO 12, SRINIVAS PROVISION STORES, A NARAYANAPURA, DOORVANI NAGAR POST BANGALORE 560016. - 3 - NC: 2025:KHC:8979 WP No. 12549 of 2020 7. R SUGUNA W/O C VENKATARAMA REDDY, AGED ABOUT 46 YEARS, RESIDING AT NO 652, MASJID STREET, KODIHALLI, BANGALORE 560 008. 8. M/S ELV PROJECTS PVT LTD A COMPANY REGISTRED UNDER THE PROVISIONS OF COMPANIES ACT, REGISTERED OFFICE AT NO 602, 16TH CROSS ROAD, BEML LAYOUT, THUBARAHALLI, BANGALORE 560066, REPRESENTED BY ITS MANAGING DIRECTOR, MR BHASKAR ERUGANDINDLA. 9. M/S NEELADHRI PROJECTS HAVING ITS OFFICE AT NO 1299 C 1ST MAIN, 1ST A CROSS, NEW THIPPASANDRA BANGALORE 560075, REPRESENTED BY ITS MANAGING DIRECTOR MR MANJUNATHA S/O LATE RAMAIAH, 10. MANJULA W/O LATE K RAGHUNATH, AGED ABOUT 45 YEARS, RESIDING AT VILLAMENT NO 5034, WINDMILLS OF YOUR MIND NO 331, 5B RD SHIVAJI NAGAR, EPIP ZONE WHITEFIELD, BANGALORE - 560 048. 11. K R PRADEEP S/O LATE K RAGHUNATH, AGED ABOUT 23 YEARS, RESIDING AT VILLAMENT NO 5034, WINDMILLS OF YOUR MIND NO 331, 5B RD SHIVAJI NAGAR, EPIP ZONE WHITEFIELD, - 4 - NC: 2025:KHC:8979 WP No. 12549 of 2020 BANGALORE - 560 048. 12. K R ROHITH S/O LATE K RAGHUNATH, AGED ABOUT 21 YEARS, RESIDING AT VILLAMENT NO 5034, WINDMILLS OF YOUR MIND NO 331, 5B RD SHIVAJI NAGAR, EPIP ZONE WHITEFIELD, BANGALORE - 560 048. 13. BASAVARAJ S/O LATE B VEEABHADRAIAH, AGED AOUT 72 YEARS, RESIDING AT NO 3682, SOMESHWARA EXTENSION, DODDABALLAPUR, BANGALORE RURAL 561203 …RESPONDENTS (BY SRI. S.D.N PRASAD., ADVOCATE FOR R9 AND R13; SRI. P. USMAN., ADVOCATE FOR R10 TO R12; R7 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15.10.2020 PASSED BY THE II ACJ BENGALURU RURAL DISTRICT AT BENGLAURU IN I.A.NO.1 (ORDER 39 RULE 1 AND 2 SEEKING EXPARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENTS FROM DAMAGING OR OBSTRUCTION THE PLAINTIFF FROM USING THE ROAD/DRAINS/UNDERGROUND DRAINAGE/CABLING IN THE SCHEDULE B PROPERTY) IN O.S.510/2020 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:8979 WP No. 12549 of 2020 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Plaintiff in O.S.No.510/2020 filed for relief of declaration and injunction pending on the file of II Additional Civil Judge, Bangalore Rural District, Bangalore (hereinafter referred to as 'the Trial Court') is before this Court being aggrieved by the order dated 15.10.2020 by which the Trial Court had ordered issuance of emergent notice on the interim application filed by the plaintiff under Order XXXIX Rule 1 and 2 (I.A.Nos.1 and 2). 2. Smt. Pramila Nesargi, learned Senior counsel appearing through video conferencing for Smt. Bindu U, learned counsel for the petitioner submits that the petitioner is one of the purchases of a site in a fully developed layout called as 'JRR Layout', in respect of which certain rival claims were made by respondents and who illegally destroyed some parts of the roads and drains and have broken the drainage pipes and other facilities denying the petitioner use and benefits of the said facilities constraining the petitioner/plaintiff to approach the Trial Court. In under similar factual circumstances, the Trial Court had granted interim relief of injunction and that - 6 - NC: 2025:KHC:8979 WP No. 12549 of 2020 despite the same having brought to the notice of the Trial Court while seeking interim order by filing I.A.No.1 and 2, the Trial Court declined to grant the ex-parte interim order instead ordered for issuance of emergent notice. Thereby causing injustice and prejudice to the petitioner. Hence, seeks for allowing of the present writ petition. 3. Sri. S.D.N. Prasad, learned counsel for the respondents on the other hand submits that issuance of interim order under Order XXXIX Rule 1 and 2 is a discretionary power, similar is with regard to issuance of emergent notice. That merely because emergent notice is issued no illegality can be attributed to the order passed by the Trial Court. Hence seeks for dismissal of the petition. 4. Heard and perused the records. 5. Admittedly, the petitioner who is the plaintiff in the above suit in O.S. No.510/2020 has filed the suit for declaration and injunction. His request for grant of ex-parte interim order against the defendants on the applications filed in I.A.No.1 and 2 under Order XXXIX Rule 1 and 2 has been declined and an emergent notice has been ordered to be issued to be - 7 - NC: 2025:KHC:8979 WP No. 12549 of 2020 defendants who are the respondents herein. It is settled position of law, that an order declining grant of ex-parte ad- interim order of injunction directing issuance of notice under Rule 3 of Order 39 is an appealable order as the same amounts to refusing to grant ad-interim order of injunction. 6. However, order impugned has been passed issuing notice to the respondents and applications filed by the petitioner are yet to be adjudicated on merits by the Trial Court. The present petition is filed in the year 2020 and this Court has granted an interim order on 10.11.2020 granting the interim prayer as sought for, restraining the respondents from obstructing utilization of roads and drainage forming part of the suit schedule property. Since the Trial Court has not adjudicated upon the applications filed by the petitioner and since two of the respondents who are served are before this Court and are seeking for vacating of the said interim order, this Court under the facts situation of the matter do not see any purpose being served in keeping this matter pending without the said applications, being adjudicated by the Trial Court being the Court of first instance. Therefore this Court deems it appropriate to dispose of the writ petition relegating - 8 - NC: 2025:KHC:8979 WP No. 12549 of 2020 the parties to the Trial Court who shall dispose of the application filed by the petitioner in I.A.No.1 and after affording sufficient opportunity to the parties within an outer limit of thirty days from the date of receipt of certified copy of this order. 7. Interim order granted by this Court is extended for a period of thirty days from the date of receipt of certified copy of this order. 8. It is made clear, no opinion is expressed with regard to merits of the case. All contentions are kept open. The Trial Court shall adjudicate upon the application filed by the petitioner taking consideration the submissions to be made by the parties and adverting to the same. With the above observation, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 21