- 1 - NC: 2025:KHC:18380 WP No. 15144 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15144 OF 2025 (GM-CPC) BETWEEN: SMT RAJESHWARI @ RAJESHWARI L HEGDE W/O. LAKSHMINARAYAN HEGDE, AGED ABOUT 57 YEARS, R/AT.NO.153, MANJUNATHA NILAYA, VINAYAKA NAGARA LAYOUT, NURSARY STOP, BINNAMANAGA, NELAMANAGA-562123 AND ALSO AT KAIGA TOWN SHIP KAIGA, KARAVARA TALUK, UTTARAKANNADA DISTRICT …PETITIONER (BY SRI. MANIKANTA H B., ADVOCATE) AND: 1. SRI PRAKASH R S/O.LATE. NARASARAJAPPA @ RAJANNA, AGED ABOUT 41 YEARS, R/AT NARASAPURA VILLAGE, SOMPUR HOBLI, NELAMANAGALA TALUK, BENGALURU RURAL DISTRICT. 2. SMT. VISHALAMMA D/O.LATE.NARASARAJAPPA @ RAJANNA, AGED ABOUT 49 YEARS R/AT NARASAPURA VILLAGE, SOMPUR HOBLI, NELAMANAGALA TALUK, BENGALURU RURAL DISTRICT. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18380 WP No. 15144 of 2025 3. SMT. MANJULA.R, D/O.LATE. NARASARAJAPPA @ RAJANNA AGED ABOUT 43 YEARS, R/AT NARASAPURA VILLAGE, SOMPUR HOBLI, NELAMANAGALA TALUK, BENGALURU RURAL DISTRICT. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASH THE IMPUGNED ORDER DATED 24.04.2025 PASSED BY THE HONBLE CIVIL JUDGE AND JMFC, NELAMANAGALA BANGALORE RURAL, IN O. S NO.212/2025 BY ISSUING EMERGENT NOTICE ON I.A.NO.I UNDER ORDER 39 RULE 1 AND 2 R/W. SECTION 151 OF C.P.C, FILED BY THE PETITIONER AS PER ANNEXURE-N AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner has filed O.S.No.212/2025 pending on the file of the Civil Judge and J.M.F.C., Nelmangala, Bengaluru Rural with the following prayers: “WHEREFORE, the plaintiff most respectfully prays that this Hon'ble Court may be pleased to pass a Judgment and Decree in favour of the plaintiff as against the defendants granting the following relief: - 3 - NC: 2025:KHC:18380 WP No. 15144 of 2025 a) BY WAY OF PERMANENT INJUNCTION to restrain the defendants, their servants, agents, henchmen, supporters or any person or persons, claiming through or under them, either individually or collectively, in any capacity whatsoever from interfering with the peaceful possession and enjoyment of the plaintiff property and restrain them from abstracting the development works over the Suit Schedule Property by the plaintiff in any manner whatsoever. b) TO GRANT such other or further relief that this Court may deem fit and proper in the facts and circumstances of this case, including the cost of this proceedings, in the interest of justice.” 2. She has also filed I.A.No.1 under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') with the following prayers: “That for the reasons sworn to in the accompanying affidavit, the applicant/plaintiff prays that this Hon'ble Court may be pleased to grant an interim order of temporary injunction restraining the defendants, their servants, agents, henchmen, supporters, or any person or persons claiming - 4 - NC: 2025:KHC:18380 WP No. 15144 of 2025 through or under the defendants, either individually or collectively, in any capacity whatsoever, from interfering with plaintiffs possession over the suit schedule property and restrain them from abstracting the development works in the schedule property or any portion thereof, pending disposal of the above suit, in the interest of justice. In view of the extreme urgency and the sensitive nature of the relief prayed for, the applicant/plaintiff prays that this Hon'ble Court may be pleased to grant an ad-interim order of the like nature, pending disposal of this application, by dispensing with prior notice to the defendants, in the interest of justice and equity.” 3. The Trial Court after hearing the petitioner has issued emergent notice on I.A.No.1 and suit summons to the defendants through Court and RPAD and adjourned the original suit to 03.06.2025. Aggrieved by the same, the present writ petition is filed by the plaintiff therein. 4. The case of the petitioner is that the Trial Court ought to have granted an ex-parte interim order instead of issuing notice to the respondents. On that ground, the writ petition is filed with the following prayer and interim prayer; - 5 - NC: 2025:KHC:18380 WP No. 15144 of 2025 “PRAYER WHEREFORE, it is prayed that this Hon'ble Court may be pleased to grant the following reliefs to the petitioner as against the respondents: (A) TO ISSUE a writ of certiorari or any other appropriate writ, order or direction to quash the impugned Order dated 24.04.2025 passed by the Hon'ble Civil Judge and JMFC, Nelamanagala Bangalore Rural, in O. S No.212/2025 by issuing emergent notice on I.A.No.I under Order 39 Rule 1 and 2 R/w. Section 151 of C.P.C, filed by the petitioner as per ANNEXURE-N; (B) TO ISSUE a writ of Mandamus or any other appropriate writ, order or direction to the Hon'ble Civil Judge and JMFC, Nelamangala Bangalore rural, to consider and dispose of the I.A.No.1 filed under Order XXXIX Rule 1 & 2 R/w Section 151 of C.P.C in O.S No.212/2025 as expeditiously as per ANNEXURE- N; (C) TO GRANT such other or further relief/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to the Petitioner, in the interest of justice. INTERIM PRAYER Pending disposal of the above Writ Petition, the Petitioner most respectfully pray that this Hon'ble Court may be pleased to grant an interim order of temporary injunction as per IA No.1 in OS No.212/2025 in the Court of the Hon'ble Civil and JMFC, Nelamangala Bangalore rural as per Annexure- N by restraining the defendants/respondents and their agents, servants or anybody from interfering with the - 6 - NC: 2025:KHC:18380 WP No. 15144 of 2025 suit schedule property or any portion thereof, till the disposal of the above Writ Petition, in the interest of justice and equity.” 5. The Trial Court based on the pleadings and documents produced before it, has come to the conclusion that it is not a fit case for grant of an ex-parte interim order, but it shall be considered the same upon hearing the defendants concerned. 6. Given the facts and circumstances of the case, I am of the opinion that it is not a fit case to interfere with the order passed by the Trial Court. Hence, this writ petition is hereby dismissed reserving the liberty to the petitioner to pursue his remedies before the trial Court. Sd/- (M.I.ARUN) JUDGE DSP List No.: 1 Sl No.: 27