- 1 - HC-KAR NC: 2025:KHC:23556 WP No. 15958 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15958 OF 2025 (GM-CPC) BETWEEN: SMT. G.K. CHAITHRA, W/O DILIP KUMAR, AGED ABOUT 28 YEARS, R/AT NO.30, DASARA BEEDI, GUNJURU, BENGALURU – 560 087. …PETITIONER (BY SMT.LAKSHMY IYENGAR, SENIOR COUNSEL FOR SRI. SWAROOP S., ADVOCATE) AND: 1. SRI. G.T.SHIVASHEKAR, S/O LATE SIDDAMMA AND LATE THIPPANNA, AGED ABOUT 62 YEARS, 2. SRI. G.T.ANANDAKUMAR, S/O LATE SIDDAMMA AND LATE G.V.THIPPANNA, AGED ABOUT 60 YEARS, 3. SRI. G.T.NAGESH, S/O LATE SIDDAMMA AND LATE G.V.THIPPANNA, AGED ABOUT 55 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23556 WP No. 15958 of 2025 4. SRI. T. VENKATESH, S/O LATE SIDDAMMA AND LATE G V THIPPANNA, AGED ABOUT 48 YEARS, 5. SMT. G.T.GAYATHRI, D/O LATE SIDDAMMA AND LATE G.V.THIPPANNA, AGED ABOUT 45 YEARS, 6. SMT. VENKATAMMA, W/O LATE MUNIYAPPA AND D/O LATE MUNIYAMMA, AGED ABOUT 85 YEARS, 7. SMT. G.M.RADHAMMA, D/O LATE SARSWATHAMMA AND LATE MARIYAPPA, AGED ABOUT 55 YEARS, 8. SMT.G.M.PREMAKUMARI, D/O LATE SARSWATHAMMA AND LATE MARIYAPPA, AGED ABOUT 52 YEARS, 9. SRI. G.M.BEERESHWARA, S/O LATE SARSWATHAMMA AND LATE MARIYAPPA, AGED ABOUT 50 YEARS, 10. SMT. G.M.MUKTHA, D/O LATE SARSWATHAMMA AND LATE MARIYAPPA, AGED ABOUT 45 YEARS, - 3 - HC-KAR NC: 2025:KHC:23556 WP No. 15958 of 2025 11. SMT. G.M.MAMATHA, D/O LATE GOWRAMMA AND LATE MARIYAPPA, AGED ABOUT 43 YEARS, 12. SRI. G.M.SHANTHAMURTHY, S/O LATE GOWRAMMA AND LATE MUNIYAPPA, AGED ABOUT 38 YEARS, 13. SMT. G.M.BHAGYAMMA, D/O LATE MUNIYAMMA AND LATE MUNIVENKATAPPA, AGED ABOUT 70 YEARS, 14. SRI. J. RAVISHEKAR, S/O G.M.BHAGYAMMA AND LATE JAGANATH, AGED ABOUT 45 YEARS, 15. SRI. J. SHESIDHARA, S/O G.M.BHAGYAMMA AND LATE JAGANATH, MAJOR IN AGE, 16. SRI. J. RAGHU, S/O G.M.BHAGYAMMA AND LATE JAGANATH, AGED ABOUT 40 YEARS, 17. SMT. J. NETHRAVATHI, D/O G.M.BHAGYAMMA AND JAGANATH, AGED ABOUT 38 YEARS, - 4 - HC-KAR NC: 2025:KHC:23556 WP No. 15958 of 2025 18. SMT. J. RAMYA, D/O G.M.BHAGYAMMA AND JAGANATHA, AGED ABOUT 36 YEARS, RESPONDENT NO.1 TO 19 ALL THE DEFENDANTS ARE R/AT GUNJUR VILLAGE AND POST, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU – 560 087. 19. G.V.SAROJA, W/O BHEEMARAJU, AGED ABOUT MAJOR, R/AT NO.113, 9TH CROSS, III MAIN ROAD, CHAMRAJPET, BENGALURU – 560 018. …RESPONDENTS (BY SRI.R.OMKUMAR, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 21.05.2025 IN V.OS NO.126/2025 AT ANNEXURE-A PASSED BY THE VACATION COURT I.E., ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-II SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT BENGALURU RURAL QUA ISSUING ONLY EMERGENT NOTICE TO THE RESPONDENTS AND ALSO CONSEQUENTLY GRANT AD-INTERIM EX-PARTE INJUNCTION RESTRAINING THE RESPONDENT NOS. 1-18 FROM INTERFERING WITH THE POSSESSION OF THE PETITIONER OVER THE SCHEDULE-C PROPERTY UNTIL THE DISPOSAL OF APPLICATION UNDER IA NO.2 ORDER XXXIX - 5 - HC-KAR NC: 2025:KHC:23556 WP No. 15958 of 2025 RULE 1 AND 2 OF CPC FILED BY THE PETITIONER BY ISSUING A WRIT OF CERTIORARI AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Smt. Lakshmy Iyengar, learned Senior counsel appearing for the petitioner, Sri. R. Omkumar, learned counsel appearing for respondent No.3 and have perused the material on record. 2. The petitioner is before this Court calling in question an order dated 21.05.2025 passed in O.S.No.126/2025, whereby the concerned Court declines to grant an order on an application filed under Order XXXIX Rules 1 and 2 of the CPC and only issues notice. 3. This Court on hearing the learned Senior counsel appearing for the petitioner, granted an interim order of stay. - 6 - HC-KAR NC: 2025:KHC:23556 WP No. 15958 of 2025 4. Respondent Nos.3, 4, 6 and 7 have now entered appearance and would submit that the application is pending consideration before the concerned Court. 5. In the light of the application pending consideration at the hands of the concerned Court, I deem it appropriate to dispose the subject petition continuing the interim order of stay for a period of three (3) weeks and directing the concerned Court to hear the parties to the lis and pass necessary orders within an outer limit of three (3) weeks. 6. It is needless to observe that merely because this Court had granted an interim order of stay and it is continued for the next three (3) weeks, it would not mean that the concerned Court should also pass an order of injunction on an application under Order XXXIX Rules 1 and 2 of the CPC, shall be passed strictly in consonance with law uninfluenced by the subject order. - 7 - HC-KAR NC: 2025:KHC:23556 WP No. 15958 of 2025 7. Learned Senior counsel appearing for the petitioner submits that the next date of listing before the concerned Court is on 01.08.2025. 8. Therefore, the parties to the lis are at liberty to move the Court to advance the date. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 25