- 1 - NC: 2025:KHC:1402 WP No. 17337 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17337 OF 2024 (GM-CPC) BETWEEN: 1. SMT. SUSHEELA, D/O Y.V. ANNAIAH, W/O JAYAPRAKASH, AGED ABOUT 64 YEARS, R/AT NO. 176, 1ST MAIN ROAD, 9TH CROSS, 2ND STAGE, PADMANABHANAGAR, BANGALORE - 560 070. 2. SMT. SHAKUNTHALA, D/O Y.V. ANNAIAH, W/O RAMACHANRA REDDY N, AGED ABOUT 60 YEARS RA/T NO. 222/51, 11TH CROSS, WILSON GARDEN, BANGALORE SOUTH, BANGALORE - 560 027. …PETITIONERS (BY SRI. RAJENDRA M.S, ADVOCATE) AND: 1. SRI. Y.V. ANNAIAH, S/O LATE VENAKTAPPA, AGED ABOUT 93 YEARS, R/AT NO. 4, Y.V. ANNAIAH ROAD, YELACHENAHALLI, BANGALORE - 560 078. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1402 WP No. 17337 of 2024 2. SRI. A. MOHAN KUMAR, S/O Y.V. ANNAIAH, AGED ABOUT 64 YEARS, R/AT FLAT NO. A1 1051, A BLOCK, SOBHA FOREST EDGE, 100 FT VAJARAHALLI, OFF KANAKAPURA ROAD, BSK 6TH STAGE EXTENSION, BANGALORE - 560 062. 3. SRI. A. SURESH, S/O Y.V. ANNAIAH, AGED ABOUT 58 YEARS, RA/T NO. 4, Y.V. ANNAIAH ROAD, YELACHENAHALLI, J.P. NAGAR, BANGALORE - 560 078. 4. SMT. PADMA, D/O Y.V. ANNAIAH, W/O VIJAYA RAGHAVA REDDY R, AGED ABOUT 65 YEARS, RA/T NO. 36, SANKALPA, 6TH CROSS ROAD, 5TH PHASE, HAL 2ND STAGE, KODIHALLI, BANGALORE - 560 008. …RESPONDENTS (BY SRI. RAGHU PRAKASH BABU D, ADVOCATE FOR R1 AND R3; NOTICE TO R2 SERVED AND UNREPRESENTED; NOTICE TO R4 IS HELD SUFFICIENT VIDE PRDER DATED 15.01.2025) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.04.2024 TO THE EXTENT DECLINING TO GRANT AD INTERIM ORDER OF TEMPORARY INJUNCTION BY - 3 - NC: 2025:KHC:1402 WP No. 17337 of 2024 THE SENIOR CIVIL JUDGE AND JMFC HOSKOTE BENGALURU RURLA DIST ON IA NO. 1 AND 2 IN OS NO. 3077/2024 VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This petition is filed by the plaintiffs under Article 227 of the Constitution of India challenging the order dated 27.04.2024 passed by the XX Additional City Civil and Sessions Judge, Bengaluru, whereby, the trial Court has refused to grant an ex-parte injunction. 2. The plaintiff has filed a suit for partition and separate possession. Along with the plaint, he has filed I.A.Nos.1 and 2 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure seeking temporary injunction. The trial Court by an order dated 27.04.2024 has refused to grant an ex-parte injunction and issued notice to respondent - defendant. 3. The learned counsel appearing for the respondent - defendants has submitted before this Court that, now the - 4 - NC: 2025:KHC:1402 WP No. 17337 of 2024 defendants have appeared before the Court and filed an objection to I.A.Nos.1 and 2. 4. In view of the above, without expressing any opinion on the merits of the case, this writ petition is disposed of directing the trial Court to dispose of the I.A.Nos.1 and 2, in accordance with law, after hearing both the parties, before the end of February - 2025. 5. Till the disposal of the applications, the interim order granted by this Court shall stand continued. Sd/- (H.T. NARENDRA PRASAD) JUDGE JY List No.: 1 Sl No.: 51 CT: BHK