- 1 - HC-KAR NC: 2025:KHC:20852 WP No. 23106 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23106 OF 2024 (GM-CPC) BETWEEN: 1. MYSORE ROYAL ACADEMY BEING IN PUBLIC CHARITABLE TRUST, HAVING ITS OFFICE AT NO. 1515, "DEV AALAYA", ANIKETHANA RAOD, C AND D BLOCK, KUVEMPU NAGAR, MYSORE - 570 023. REPRESENTED BY ITS SECRETARY, SRI. KANTHRAJ URS M.L. 2. SRI KANTHARAJ URS M.L. SECRETARY, MYSORE ROYAL ACADEMY, AGED ABOUT 51 YEARS, S/O M.S. LAKSHMIKANTHARAJ URS, R/AT NO. CH 47, DEWANS ROAD, LAKSHMIPURAM, MYSORE - 570 004. 3. SRI. MOHAN RAJ URS, TRUSTEE, MYSORE ROYAL ACADEMY, AGED ABOUT 60 YEARS, S/O A.B. LAKSHMIKANTH RAJ URS, R/AT NO. 105, 4TH MAIN, 3RD STAGE, GOKULAM, MYSORE - 570 002. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20852 WP No. 23106 of 2024 4. SRI LAKSHMIKANTHARAJ URS TRUSTEE, MYSORE ROYAL ACADEMY, AGED ABOUT 77 YEARS, S/O LATE SUBBRAMANYA RAJ URS M.L. 5. SMT. RAMYA URS R.N. TRUSTEE, MYSORE ROYAL ACADEMY, AGED ABOUT 48 YEARS, W/O KANTHARAJ URS ML, PETITIONER NOS. 4 AND 5 ARE R/A NO. CH 47, DEWANS ROAD, LAKSHMIPURAM, MYSORE - 570 004. 6. SRI. SHARATH CHANDRA URS, TRUSTEE, MYSORE ROYAL ACADEMY, AGED ABOUT 50 YEARS, S/O SRI. D. SUBRAMANYA RAJ URS, R/A NO. 910, 1ST MAIN, LAKSHMIPURAM, MYSORE - 570 004. …PETITIONERS (BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SMT. SIRI RAJASHEKAR, ADVOCATE) AND: 1. SMT. LAGAN SRIVASTAVA AGED ABOUT 46 YEARS, W/O SRI. RAVI S. URS, R/A: 26 ALLEGRA CT., WHITE PLAINS, NEW YORK 10603 USA - 3 - HC-KAR NC: 2025:KHC:20852 WP No. 23106 of 2024 REPRESENTED BY HER SPA HOLDER. SRI. ANUTHAM URS, AGED ABOUT 43 YEARS, S/O LATE SHRI. ARUN NIRANJAN SIDDARAJE URS, RESIDING AT NO. 1 LINGAYYA COLONY, THEOBALD ROAD, NAZARBAD, MYSORE - 570 010. 2. SMT. SHALINI R. URS AUTHOR AND CHAIRPERSON, MYSORE ROYAL ACADEMY, AGED ABOUT 70 YEARS, W/O SRI. SHRIJAY DEVARAJ URS, R/AT NO.1515, "DEVAALAYA", ANIKETHANA ROAD, C AND D BLOCK, KUVEMPUNAGAR, MYSORE - 570 023. 3. SHRI. D. SHIRIJAY DEVARAJ URS SECRETARY, MYSORE ROYAL ACADEMY, AGED ABOUT 71 YEARS, S/O SRI. B. DEVARAJ URS, R/AT NO.1515, "DEVAALAYA", ANIKETHANA ROAD, C AND D BLOCK, KUVEMPUNAGAR, MYSORE - 570 023. 4. SRI. DIWAKAR GOEL TRUSTEE, MYSORE ROYAL ACADEMY, AGED ABOUT 42 YEARS, S/O SRI. K.K. GOEL, R/AT NO.738, WEST PACES FERRY ROAD, NW ATLANTA, - 4 - HC-KAR NC: 2025:KHC:20852 WP No. 23106 of 2024 GEORGIA 30327 USA. EMAIL: diwakar_goelatgamil.com …RESPONDENTS (BY SMT. NAYANATARA B.G, ADVOCATE FOR R1; VIDE ORDER DATED 20.09.2024, NOTICE TO R2 TO R4 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS PASSED ON I.A.NOS.1, 2, AND 3 IN O.S.NO. 10/2024 DATED 27.04.2024 ON THE FILE OF PRL DISTRICT AND SESSIONS JUDGE AT MYSURU PRODUCED AS ANNX-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question an order of grant of temporary injunction under Order III Rule 1 and 2 read with Section 151 of the CPC in favour of the respondent - plaintiff. This Court by an order dated 20.09.2024 grants an interim order of stay of the said order. The matter is pending before the concerned Court. - 5 - HC-KAR NC: 2025:KHC:20852 WP No. 23106 of 2024 2. Heard Shri D.R. Ravishankar, learned Senior counsel for Smt. Siri Rajashekar, learned counsel appearing for the petitioners and Smt. Nayanatara B.G., learned counsel appearing for respondent No.1. 3. Shri D.R. Ravishankar, learned Senior Counsel appearing for the petitioners would urge those contentions that are urged for the purpose of consideration of the interim prayer, which is accepted prima facie by the co-ordinate bench. 4. Smt. Nayanatara B.G., learned counsel representing respondent No.1 would refute the submissions contending that the submissions made at the time of grant of an interim order are all erroneous and is supported by a plethora of judgments rendered by the Apex Court. She would submit that if the matter is to be remitted back to the concerned Court for the purpose of hearing the parties and passing an order on the pending application seeking injunction, the observations made in the course of the interim order should not come in the way, bind or influence the concerned Court. - 6 - HC-KAR NC: 2025:KHC:20852 WP No. 23106 of 2024 5. The learned Senior counsel would submit that the application would be considered on its merit on hearing the parties and the observation that the learned counsel for the respondent No.1 is seeking can be a part of the order. 6. In that light, I deem it appropriate to dispose the petition with a direction to the concerned Court to dispose the application pending under Order III Rule 1 and 2 read with Section 151 of the CPC for injunction after hearing the parties. Since the interim order is operating from 20.09.2024, I deem it appropriate to continue the same for a period of 30days. The concerned Court shall conclude the hearing and answer the application, within an outer limit of 30days from today. 7. It is again made clear that the observations made in the course of the order dated 20.09.2024 is only for the purpose of grant of an interim order at the hands of this Court. The same would not bind influence the concerned Court or merely because this Court has granted an interim order, the Court would not be bound to grant an interim order in favour of the plaintiff. The application shall be considered on its merits and appropriate orders be passed in the next 30days. - 7 - HC-KAR NC: 2025:KHC:20852 WP No. 23106 of 2024 8. It is needless to observe that the defendants would cooperate with the proceedings for passing an order on the application, as observed hereinabove. 9. With the aforesaid observation, the petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 4 CT: BHK