- 1 - HC-KAR NC: 2025:KHC:24101 WP No. 19072 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.G.PANDIT WRIT PETITION NO. 19072 OF 2025 (GM-CPC) BETWEEN: 1. M/S KALASA ESTATE, A PARTNERSHIP FIRM HAVING ITS OFFICE AT KALA ESTATE, KALASA TALUK CHIKKAMAGALUR DISTRICT REP BY ITS PARTNERS MR. ALAGHU VAIARAM MR. S. SIVASUBRAMANIYAM. 2. MR. ALAGHU VAIRAM, S/O S.O.S SOCKALINGAM, AGED ABOUT 31 YEARS, R/A NO.S13, 2ND FLOOR, THE AFFAIRS, PLOT NO.9, SECTOR - 17 PALM BEACH, SANPADA, NAVI MUMBAI - 400 705. 3. MR. S SIVASUBRAMANIYAM, S/O S.O.S. SOCKALINGAM, AGED ABOUT 31 YEARS, R/A NO.S13, 2ND FLOOR, THE AFFAIRS, PLOT NO.9, SECTOR - 17 PALM BEACH, SANPADA, NAVI MUMBAI - 400 705. …PETITIONERS (BY SRI. KAVITHA DAMODARAN.,ADVOCATE) AND: 1. MR MOHAMMED HARRIS, S/O MOHAMMED SADIQ SIDDIQ, AGED ABOUT 55 YEARS, R/A ROYAL BENS WOOD, NO.90, NAGENAHALLI CROSS, BUS STOP, KANNUR POST, BAGALUR BENGALURU - 562 149. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24101 WP No. 19072 of 2025 2. M/s. ASSA REAL ESTATE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 REP BY ITS DIRECTOR MR. SUNDAR, AGED ABOUT 52 YEARS, RA NO.18, 1ST FLOOR, 7TH MAIN ROAD, HRBR LAYOUT, KALYANANAGARA, BANGALORE - 560 043. 3. M/S CARDIER FOODS AND BEVERAGES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 REP BY MR. PURUSHOTTAM YEWALE (CFO) OFFICE AT NO.216, DBS HERITAGE HOUSE PRESCOTT ROAD, FORT MUMBAI - 400 001. 4. MR. SRINIVASAN RAMACHANDRAN, S/O RAMACHANDRAN, AGED ABOUT 63 YEARS, R/A NO.7/10, DHANALAKSHMI NAGAR, SN PALYAM, COIMBATORE - 641 031. 5. THE MANAGING DIRECTOR, SANCTUM TRADING CORPORATION, CORPORATE OFFICE AT NO.240, DR D.N. ROAD FORT, MUMBAI - 400 001. 6. KAPIL RESORTS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 OFFICE AT 15TH FLOOR, KAPIL TOWERS, NANAKRAMGUDA, HYDERABAD TELANGANA INDIA - 500 018, REP BY ITS DIRECTOR S.O.S. SOCKALINGAM. 7. MR. VAMAN RAO KASUGANTI, DIRECTOR OF KALASA COFFEE AND SPICES PVT LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 - 3 - HC-KAR NC: 2025:KHC:24101 WP No. 19072 of 2025 OFFICE AT 15TH FLOOR, KAPIL TOWERS GACHIBOWLI, K.V. RANGAREDDY SERI LINGAMPALLY TELANAGANA INDIA - 500 032. 8. SARVANGA SUNDARI LLP A LIMITED LIABILITY PARTNERSHIP ACT, 2008 OFFICE AT S NO.144 NANAKRAMGUDA GACHIBOWLI SERI LINGAMPALLY HYDERABAD, TELANGANA - 560032 REP BY ITS PARTNER SIVASUBRAMANIYAM. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE TRIAL COURT TO HEAR THE MATTER ON 05.07.2025 AND PASS ORDER ON IA NO.VI FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908, FOR VACATING THE EX- PARTE AD INTERIM ORDER OF TEMPORARY INJUNCTION DATED 18.02.2025 (ANNEXURE-G) AND PASS SUCH OTHER ORDERS / OR DIRECTIONS AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT ORAL ORDER Petitioners, defendant Nos.2, 3 and 4 in O.S.No.11/2025 on the file of the Senior Civil Judge and JMFC., Mudigere (for short, ‘Trial Court’) are before this Court praying for a direction to the Trial Court to hear I.A.No.6 filed by the petitioners herein under Order 39 Rule 4 of CPC on the next date i.e., 05.07.2025. - 4 - HC-KAR NC: 2025:KHC:24101 WP No. 19072 of 2025 2. Heard learned counsel Sri.Vachan.H.U., for petitioners and perused the entire writ petition papers. 3. It is seen from the writ papers that earlier, the petitioners were before this Court in W.P.No.11437/2025 questioning the order dated 18.02.2025 granting ex-parte temporary injunction not to alienate the suit schedule properties against the petitioners. This Court by order dated 16.04.2025 passed the following order: “ORDER a) The writ petition is disposed of. b) The parties are directed to conclude their arguments on all the applications filed before the Trial Court on 19.04.2025. c) The Trial Court is directed to dispose of the applications, in accordance with law, on or before 25.04.2025.” 4. Subsequently, on a memo moved in the above stated disposed of writ petition, wherein the Co-ordinate - 5 - HC-KAR NC: 2025:KHC:24101 WP No. 19072 of 2025 Bench of this Court directed the Trial Court to pass appropriate orders on I.A.No.6 on or before 03.05.2025. Learned counsel for the petitioners would submit that the matter is being adjourned from time to time on the ground that the other defendants are not served. Therefore, learned counsel for the petitioners would pray for a direction to the Trial Court to dispose of I.A.No.6 on the next date of hearing, as the ex-parte injunction granted by the Trial Court on 18.02.2025 would directly affect the petitioners herein. 5. The petitioners have filed I.A.No.6 under Order 39 Rule 4 of CPC seeking vacating of ex-parte interim order dated 18.02.2025 in O.S.No.11/2025 on the file of the Senior Civil Judge and JMFC., Mudigere. This Court in W.P.No.11434/2025 directed to dispose of the application in accordance with law on or before 25.04.2025 in its order dated 16.04.2025 and subsequently on a memo moved by the petitioners, the Co-ordinate Bench directed the Trial Court to pass appropriate orders on or before - 6 - HC-KAR NC: 2025:KHC:24101 WP No. 19072 of 2025 03.05.2025, but till this date, no orders are passed. The next date of hearing is 05.07.2025. 6. In the teeth of the orders passed by the Co- ordinate Bench of this Court, the Trial Court is expected to dispose of the application on the next date or if not possible, immediately the date to which it is adjourned on 05.07.2025. The Trial Court to note the orders passed by the earlier Co-ordinate Bench as well as the order passed today and dispose of the application as stated above. 7. With the above, writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC List No.: 1 Sl No.: 19