- 1 - HC-KAR NC: 2025:KHC:25039 W.P. No.12773/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.12773/2020 (GM-CPC) BETWEEN: 1. MS. SURYA SMERA VEDANTHAM AGED ABOUT 32 YEARS D/O LATE MR. V. NAGAPRASAD. 2. EKA VEDANTAM AGED ABOUT 25 YEARS S/O LATE MR. V. NAGAPRASAD. PETITIONER NOS.1 AND 2 ARE R/AT NO.L-159, SECTION 10 8TH MAIN, LIC COLONY JEEVANBHIMA NAGAR BANGALORE-560075 REP. BY THEIR DULY CONSTITUTED ATTORNEY AND AUTHORIZED SIGNATORY CHARTERED HOUSING PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE INDIAN COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO.27, VICTORIA ROAD BANGALORE-560047 REP. BY ITS MANAGING DIRECTOR MR. A. BALAKRISHNA HEGDE. 3. CHARTERED HOUSING PRIVATE LIMITED A COMPANY INCORPORATED AND REGISTERED UNDER THE INDIAN COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO.27, VICTORIA ROAD BANGALORE-560047 Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:25039 W.P. No.12773/2020 REP. BY ITS MANAGING DIRECTOR MR. A. BALAKRISHNA HEGDE. …PETITIONERS (BY SRI. MOHITH U, ADV., FOR SRI. GIRIDHAR S.V., ADV.,) AND: MR. BASHEER AHMED AGED ABOUT 44 YEARS S/O LATE BASHA R/AT NO.4/A, CHANGALAWARAYA STREET SAIDAPET, VELLOR DISTRICT-632012 TAMILNADU. …RESPONDENT (BY SRI. K. NARAYANA SWAMY, ADV.,) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE IN O.S.NO.746/2020 CULMINATING IN THE ORDER IMPUGNED AS AT ANNEXURE-H. SET ASIDE THE ORDER DATED 16.09.2020 PASSED IN O.S.NO.746/2020 ON INTERLOCUTORY APPLICATION NO.1 AS AT ANNEXURE-H AND GRANT AN ORDER OF TEMPORARY INJUNCTION PENDING ADJUDICATION OF SUIT ON ITS MERITS, BY THE COURT BELOW & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:25039 W.P. No.12773/2020 ORAL ORDER This petition is filed seeking for the following reliefs: "a) Call for the records on the file of the II Additional Civil Judge, Bangalore Rural District, Bangalore in O.S.No.746/2020 culminating in the Order Impugned as at Annexure-H. b) Set aside the Order dated 16.09.2020 passed in O.S.No.746/2020 on Interlocutory Application No.1 as at Annexure-H and grant an Order of Temporary Injunction pending adjudication of suit on its merits, by the Court below. c) Pass an order to the costs of the present Writ Petition." 2. Heard. 3. Sri.Mohith U., learned counsel appearing for the petitioners submits that the petitioners have filed a suit for perpetual injunction against the defendant. Along with the said suit, the petitioners filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking for an ex parte temporary injunction. However, the Trial Court, without appreciating the urgency, issued a notice to the respondent-defendant on the application as well as on the suit. It is submitted that this Court entertained the writ petition and granted an interim order as sought. It is further submitted that the said interim order is in force and the petitioners have a - 4 - HC-KAR NC: 2025:KHC:25039 W.P. No.12773/2020 good case on merits as there is constant interference by the defendant over the suit schedule property. It is also submitted that petitioners' title can be ascertained from the material placed before the Court in the writ petition. Hence, he seeks to allow the petition by granting temporary injunction against the respondent. 4. Per contra, Sri.K.Narayana Swamy, learned counsel for the respondent submits that the present petition filed by the petitioners is not maintainable and the same is required to be rejected at the threshold itself as the application filed by the petitioners in the pending suit for temporary injunction is not adjudicated by the Trial Court and before adjudication, the petitioner rushed to this Court and sought the interim order. It is also brought to the notice of the Court that the pleadings in the suit have been completed. Hence, he seeks to issue necessary direction to the Trial Court to consider the pending application on its merits. 5. I have heard the arguments of the learned counsel for the petitioners, the learned counsel for the respondent and meticulously perused the material available on record. I have - 5 - HC-KAR NC: 2025:KHC:25039 W.P. No.12773/2020 given my anxious consideration to the submissions advanced on both the sides. 6. The petitioners have filed a suit in O.S.No.746/2020 against the respondent for judgment and decree of perpetual injunction over the suit schedule property by contending that the petitioners are the title holders in possession of the property from 1987. Along with the said suit, the petitioners have filed an application under Order XXXIX Rules 1 and 2 of the CPC, seeking temporary injunction. The Trial Court, under the impugned order, issued notice on the application as well as on the suit. The present petition is filed for non-consideration of the interim prayer sought in the application before the Trial Court. This Court, on 13.11.2020, has passed the following order: "Issue Emergent Notice. Stay as sought for, till next date of hearing. xxx" 7. It is not in dispute that the aforesaid order of this Court is still in force. Hence, the interest of justice would be met if the interim order granted by this Court on 13.11.2020 is - 6 - HC-KAR NC: 2025:KHC:25039 W.P. No.12773/2020 continued till the Trial Court considers the application filed by the petitioners under Order XXXIX Rules 1 and 2 of the CPC. 8. For the aforementioned reasons, I proceed to pass the following: ORDER (i) The writ petition is allowed-in-part. (ii) The interim order dated 13.11.2020 passed by this Court is continued till the Trial Court considers and disposes of the application filed by the petitioners under Order XXXIX Rules 1 and 2 of the CPC on its merits, in accordance with law. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 39