- 1 - NC: 2025:KHC:3014 WP No. 28100 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28100 OF 2024 (GM-CPC) BETWEEN: SHRI K SREENIVASA MURTHY S/O. LATE M. KEMPAIAH AGED ABOUT 62 YEARS RESIDING AT M.R. NO. 58/A NANDINI LAYOUT, BENGALURU-560 096. …PETITIONER (BY SRI. UDITA RAMESH.,ADVOCATE) AND: 1. AROGYAMARY W/O. LATE THANGARAJU AGED ABOUT 64 YEARS 2. T. THERESA D/O. LATE M. THANGARAJU AGED ABOUT 47 YEARS R1 AND R2 ARE R/AT NO.U 57 2ND CROSS, RAUAPURAM J.J.R. NAGAR, BANGALORE-560 018. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE XXV CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-23) TO HEAR AND PASS ORDERS ON THE APPLICATION DATED: 17.02.2024 UNDER ORDER 39 RULE 4 OF CPC (ANNEXURE-D) AND IN OS.NO.242/2024 FILED BY THE PETITIONER ON MERITS AND IN ACCORDANCE WITH LAW WITHIN 30 DAYS, ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3014 WP No. 28100 of 2024 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 writ petition is filed by defendant No.4 under Article 227 of the Constitution of India, seeking a direction to dispose of IA No.5 filed by the petitioner under Order XXXIX Rule 4 of CPC. 2. In view of the nature of prayer sought for by the petitioner, issuance of notice to respondents is not necessary. 3. Respondent Nos. 1 and 2, who are the plaintiffs have filed a suit for injunction. Along with the plaint, they have filed an application for temporary injunction under Order XXXIX Rules 1 and 2. The trial court, by order dated 12.01.2024 granted ex-parte temporary injunction. After service of summons, petitioner/defendant has appeared and filed IA No.5 under Order XXXIX Rule 4 of CPC for vacating the interim order on 17.02.2024. Till today, the - 3 - NC: 2025:KHC:3014 WP No. 28100 of 2024 application is not disposed of. Hence, he is before this Court. 4. Since IA No.5 for vacating is filed on 17.02.2024 and no order has been passed on the said application, under the circumstances, it is suffice for this Court to direct the trial court to dispose of the said IA expeditiously. 5. Accordingly, the following order is passed: (i) The writ petition is disposed of. (ii) The trial court is directed to dispose of IA No.5 filed by the petitioner/defendant under Order XXXIX Rule 4 of CPC, as expeditiously as possible, not later than end of February 2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 49