- 1 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 52267 OF 2019 (GM-CPC) BETWEEN: SRI M.L. SHANKAR S/O LATE M.S. LINGEGOWDA AGED ABOUT 95 YEARS R/AT NO.27, "SHARADA NIVAS" NEXT TO DESAI GARDEN, VASANTHAPURA, DODDAKALLASANDRA POST, BENGALURU - 560 062. …PETITIONER (BY SRI. CHANDRACHUD A, ADVOCATE) AND: 1. SRI. HANUMANTHI S/O CHIKKABEERAPPA AGE.MAJOR RESIDING AT NO.21/7 VASANTHAPURA MAIN ROAD KONANAKUNTE CROSS MANGO GARDEN LAYOUT BIKASIPURA, BENGALURU - 560 062. 2. SRI RAMAMURHTY D S/O DEVAPPA, AGED.MAJOR RESIDING NEAR MANASA THEATER VASANTHAPURA MAIN ROAD Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 KONANAKUNTE CROSS KONANAKUNTE VILLAGE BENGALURU - 560 062. 3. SRI GIRISH S/O KRISHNAPPA AGED. MAJOR RESIDING AT SATYAMMANAKUNTE NEAR SY.NO.28, VASANTHAPURA VILLAGE UTTARAHALLI HOBLI BENGALURU - 560 062. 4. SRI YOGESH S/O SRI THIMMEGOWDA AGED.MAJOR RESIDING AT RAJARAJESHWARI LAYOUT BIKASIPURA VILLAGE UTTARAHALLI HOBLI BENGALURU - 560 062. 5. SRI NAGARAJ @ NAGESH @ NAGI FATHES NAME NOT KNOWN AGED. MAJOR RESIDING AT SIDDAPPA LAYOUT KONANAKUNTE CROSS KONANAKUNTE VILLAGE BENGALURU - 560 062. 6. SRI RAMACHANDRAIAHA S/O GOVINDA REDDY AGED.MAJOR RESIDING AT NO.15 1ST MAIN, 5TH CROSS VITTALANAGARA, BIKASIPURA VILLAGE BENGALURU - 560 078. - 3 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 7. SRI MUDDAIAH FATHERS NAME NOT KNOWN AGED. MAJOR RESIDING AT SIDDAPPA LAYOUT KONANAKUNTE CROSS KONANAKUNTE VILLAGE BENGALURU - 560 062. 8. SRI VITTAL FATHERS NAME NOT KNOWN AGED.MAJOR RESIDING AT NO.143 MANDARTHI NILAYA KONANAKUNTE CROSS KONANAKUNTE VILLAGE BENGALURU - 560 062. 9. SMT JAYAMMA HUSBAND'S NAME NOT KNOWN AGED .MAJOR RESIDING AT SIDDAPPA LAYOUT KONANAKUNTE CROSS KONANAKUNTE VILLAGE BENALURU - 560 062. 10. SRI PRAKASH FATHER'S NAME NOT KNOWN AGED.MAJOR RESIDING AT SATYAMMANAKUNTE NEAR SY.NO.28 VASANTHAPURA VILLAGE UTTARAHALLI HOBLI BENGALURU - 560 062. 11. SRI CHARAN SINGH - 4 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 S/O KRISHNA SINGH AGED. MAJOR RESIDING AT NO.3/A VIJAYALAKSHMI NILAYA NARASAMMA LAYOUT 5TH MAIN, UTTARAHALLI SUBRAMANYAPURA POST BENGALURU - 560 061. 12. SI B S VENKATA REDDY S/O LATE SUBBANNA AGED. MAJOR RESIDING AT NO.83 ANNAMMA DEVI ROAD YADALAM NAGAR SUBRAMANYAPURA POST BENGALURU - 560 061. …RESPONDENTS (BY SRI. FELIX RAJA MANIKAM, ADVOCATE FOR SRI. S. SRIKANTH, ADVOCATE FOR R2; NOTICE TO R1 AND R4 IS HELD SUFFICIENT; R3, R6, R8, R9 AND R11 SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.12.2019 PASSED IN O.S.NO.8928/2019 ON THE FILE OF THE XLII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-43) AT BENGALURU AT ANNX-Z ON IA NO.1 AND 2 IS NOT GRANTING THE EX-PARTE INTERIM ORDER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking for the following relief: "(i) To issue Writ of Certiorari and quash the impugned order dated 10/12/2019 passed in O.S. No.8928/2019 on the file of the XLII Additional City Civil and Session ON JA NO 12. Judge (CCH 43) at Bengaluru at Annexure-Z on I.A.Nos.1 and 2, in not granting the ex- parte interim order. (ii) To consider the application filed by the Petitioner under order 39 Rule 1 and 2 R/w Section 151 of CPC numbered as I.A.No. 1/2019 in O.S. No. 8928/2019 on the file of the XLII Additional City Civil and Session Judge (CCH 43) at Bengaluru. (iii) To consider the application filed by the Petitioner under order 39 Rule 1 and 2 R/w Section 151 of CPC numbered as I.A.No. 2/2019 in O.S. No. 8928/2019 on the file of the XLII Additional City Civil and Session Judge (CCH 43) at Bengaluru. (iv) Allow this writ petition with costs and (v) To Grant such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case." 2. Heard Sri Chandrachud.A, learned counsel appearing for the petitioner submits that the petitioner has filed a suit against the respondents herein for the relief of permanent injunction and other prayers. In the said suit, the petitioner filed applications under Section 94 Order XXXIX Rules - 6 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 1 & 2 r/w Section 151 of CPC, seeking exparte injunction. However, the trial Court, without appreciating the urgency involved in the matter, issued notice on I.A Nos.1/2019 & 2/2019 and suit summons to defendant Nos.1 to 12, which compelled the petitioner to file the present petition. 4. It is submitted that the suit filed by the petitioner is pending adjudication before the trial Court. It is further submitted that this Court on 16.12.2019 has granted interim order as prayed for in the petition till the next date of hearing and the said interim order is in force. It is also submitted that if the said interim order is continued till the disposal of the suit and the trial Court is directed to conclude the suit on its merits, the ends of justice would be met. Hence, he seeks to allow the petition. 5. Per contra, Sri.Felix Raja Manikam, learned counsel for Sri.S.Srikanth, learned counsel appearing for respondent No.2 supports the order of the trial Court and submits that this Court on 16.12.2019 has granted interim order as prayed, and I.A.Nos.1/2019 and 2/2019 are pending before the Civil Court and till adjudication on the said applications, the present - 7 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 interim order granted by this Court on 16.12.2019 may be continued and direction may be issued to the trial Court to consider the pending applications in accordance with law. Hence, he seeks to dispose of the petition. 6. Heard the arguments of learned counsel for the petitioner and learned counsel for respondent No.2 and perused the material on record. I have given may anxious consideration to the submission advanced by both the sides. 7. The petitioner filed a suit in O.S.No.8928/2019 against the respondents herein seeking the relief of permanent injunction with regard to the suit schedule property and other reliefs. In the said suit, plaint was presented on 07.12.2019 and along with the said suit, the petitioner also filed applications in I.A.Nos.1/2019 and 2/2019 under Section 94 Order 39 Rules 1 and 2 r/w Section 151 of CPC. The trial Court after considering the material, has come to a conclusion that the said applications are required to be considered after the appearance of the respondents and issued notice on I.A.Nos.1/2019 and 2/2019 and also on the suit. Being - 8 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 aggrieved, the present petition is filed expressing the urgency of exparte temporary injunction. 8. This Court on 16.12.2019, passed the following order: "Issue notice. Interim order as prayed for, till the next date of hearing." Admittedly, the aforesaid order of this Court is in force from 2019 to this date. It is submitted at the Bar that in view of the pendency of this petition, the trial Court is not proceeding with the trial of the case. Taking note of the aforesaid submission and the interim order granted by this Court on 16.12.2019, I am of the considered view that the interest of justice would be met if the interim order dated 16.12.2019 is continued till the trial Court dispose of I.A.Nos.1/2019 and 2/2019 filed in O.S.No.8928/2019, after hearing the parties. 9. For the aforementioned reasons, I proceed to pass the following: - 9 - HC-KAR NC: 2025:KHC:24878 WP No. 52267 of 2019 ORDER i. Writ petition is allowed. ii. Interim order granted by this Court on 16.12.2019 is continued till the Trial Court considers I.A.Nos.1/2019 and 2/2019 filed in O.S.No.8928/2019. iii. The trial Court is directed to consider the aforesaid applications on its merits, in accordance with law, after providing sufficient opportunities to the parties. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE rv List No.: 1 Sl No.: 14 CT: BHK