- 1 - HC-KAR NC: 2025:KHC:22179 WP No. 51188 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 51188 OF 2019 (GM-CPC) BETWEEN: SMT. K. INDRANI WIFE OF LATE KUPPUSWAMY, AGED ABOUT 56 YEARS, RESIDING AT NO.97, 2ND MAIN, SAMPIGE LAYOUT, PATTEGARPALYA MAIN ROAD, PRASHANTNAGAR, VIJAYANAGARA, BANGALORE-560040 …PETITIONER (BY SRI. M.S.DEVARAJU, ADVOCATE) AND: 1. SMT. PREMAKUMARI DAUGHTER OF GIRIYAPPA, AGED ABOUT 26 YEARS, RESIDING AT GOLLARAHATTI GRAMA, MAGADI MAIN ROAD, VISHWANEEDAM POST, BANGALORE-560091. 2. SADASHIVAIAH SON OF LATE KALLAIAH AGED ABOUT 60 YEARS RESIDING AT DHONIKOPPA GRAMA AGALAKOTE POST, KASABA HOBLI, MARADI TALUK, RAMANAGARA DISTRICT, KARNATAKA STATE-562159. 3. B.K. NANJUNDAIAH SON OF KAVERAIAH AGED ABOUT 31 YEARS Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22179 WP No. 51188 of 2019 RESIDING AT BETTADINDALAPALYA GRAMA, YALAGALAVADI POST, HUDTHRIDURGA POST, KUNIGAL TALUK, TUMKUR DISTRICT, KARNATAKA-572130. …RESPONDENTS (BY SRI. G. RAJAKUMAR, ADVOCATE FOR RESPONDENT NO.3; NOTICE SERVED ON RESPONDENT NOS.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE RESPONDENTS FROM PUTTING UP CONSTRUCTION OF THE COMPOUND WALL OR ANY OTHER TYPE OF CONSTRUCTION IN THE B SCHEDULE PROPERTY TILL THE DISPOSAL OF THE I.A.NO.1 FILED UNDER ORDER 39 RULES 1 AND 2 OF THE CIVIL PROCEDURE CODE IN O.S.NO.1703/2019 DATED 12.11.2019 PENDING ON THE FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE (ANNEXURE-AL). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed seeking following reliefs:- (a) Issue writ of Mandamus or prohibition or any other appropriate writ or order restrain the respondents from putting up construction of the compound wall or any other type of construction in the B schedule property till the - 3 - HC-KAR NC: 2025:KHC:22179 WP No. 51188 of 2019 disposal of the I.A.No.1 filed under Order 39 Rules 1 and 2 of the Civil Procedure Code in O.S.No.1703/2019 dated 12.11.2019 pending on the file of the 2nd Additional Senior Civil Judge, Bangalore Rural District, Bangalore (Annexure-AL); and (b) Pass such other order or orders as deems fit to grant under the circumstances of the case in the interest of justice and equity. 2. Heard Sri. M.S. Devaraju, learned counsel for the petitioner. 3. Learned counsel for the petitioner submits that the petitioner has filed a suit against the respondents seeking relief of declaration that the petitioner is the absolute owner in possession of the schedule 'B' property, which is a portion of the schedule 'A' property. It is submitted that along with the plaint, the petitioner filed an application in I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking an ex-parte injunction. However, the Trial Court without appreciating the urgency, issued notice to the other side and deferred the consideration of the application, which necessitate the petitioner to file the - 4 - HC-KAR NC: 2025:KHC:22179 WP No. 51188 of 2019 present petition. It is submitted that the respondents are illegally putting up the construction, which is required to be stopped. It is submitted that the matter is now posted for evidence of the parties. Hence, the learned counsel for the petitioner seeks to allow the petition by granting injunction order restraining the respondents from putting up any construction. 4. I have heard the arguments of the learned counsel for the petitioner and perused the material available on record. 5. The issue involved in the present petition is in a narrow compass. The petitioner has knocked the door of this Court for non-consideration of his prayer for an ex-parte injunction. The Trial Court on 12.11.2019 passed the following order:- "Perused the IA, affidavit & documents produced. At this stage before passing any order, it is just & necessary to hear the other side. Hence, issue E/N & SS to defendants by 17/12." - 5 - HC-KAR NC: 2025:KHC:22179 WP No. 51188 of 2019 6. The Trial Court has perused the application filed under Order 39 Rules 1 and 2 of CPC and the documents and has come to the conclusion that it is necessary to hear the other side before considering the application. Hence, it deferred the consideration of I.A. for injunction. Meanwhile, this Court on 02.12.2019, ordered the parties to maintain status-quo with regard to construction on the subject property. Admittedly, the aforesaid order of this Court is in force till now and the suit is at the trial stage. In my considered view, ends of justice would be met, if the interim order granted by this Court on 02.12.2019 is continued till disposal of the suit and the Trial Court is directed to consider the suit on its merits. 7. Hence, for the aforementioned reasons, I proceed to pass the following ORDER (i) The writ petition is disposed of. (ii) The parties to the suit in O.S.No.1703/2019 pending on the file of the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, - 6 - HC-KAR NC: 2025:KHC:22179 WP No. 51188 of 2019 are directed to maintain status-quo with regard to the construction on the subject property till disposal of the suit. (iii) In view of disposal of writ petition, pending I.As., if any, are closed. Sd/- (VIJAYKUMAR A. PATIL) JUDGE PMR List No.: 1 Sl No.: 16