- 1 - NC: 2025:KHC:3016 WP No. 24963 of 2023 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. 24963 OF 2023 (GM-CPC) BETWEEN: DEVARAJU S/O LATE BASAPPA AGED ABOUT 60 YEARS R/O ITAPATTANA VILLAGE MALLAPATTANA HOBLI ARAKALAGUD TALUK HASSAN DISTRICT-573102. …PETITIONER (BY SRI. JAYAKARA SHETTY H.,ADVOCATE) AND: SRI. KUMARA I.M. S/O MALLAPPA AGED ABOUT 41 YEARS R/O ITAPATTANA VILLAGE MALLAPATTANA HOBLI ARAKALAGUD TALUK HASSAN DISTRICT-573102. …RESPONDENT (BY SRI RAJENDRA S, ADVOCATE FOR SRI. S V PRAKASH.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ANNEXURE-A DATED 10/08/2023 MADE IN M.A. NO. 9/2023 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND ACJM AT ARAKALAGUD, DISMISSING THE APPEAL THEREBY CONFIRMING THE ORDER ANNEXURE-B DATED 30/05/2123 MADE IN O.S. NO. 527/2022 ON I.A. NO. II FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC BY THE RESPONDENT BY THE COURT OF ADDL CIVIL JUDGE AND JMFC AT ARAKALAGUD AND KINDLY DISMISS THE I.A. NO. II FILED BY THE RESPONDENT AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3016 WP No. 24963 of 2023 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This petition is filed by the defendant No.1 under Article 227 of the Constitution of India, challenging the order dated 10.08.2023 passed by the Senior Civil Judge and JMFC, Arakalagud in M.A.No.9/2023, confirming the order dated 30.05.2023 passed by the Additional Civil Judge and JMFC, Arakalagudu on IA No.2 filed under Order 39 Rules 1 and 2 in O.S.No.527/2022, whereby the temporary injunction has been granted. 2. The plaintiff filed a suit for injunction. Along with that, he has also filed an application for temporary injunction under Order 39 Rules 1 and 2. The same came to be allowed by order dated 30.05.2023. Being aggrieved by the same, the defendant has filed M.A.No.9/2023 before the Senior Civil Judge and JMFC, Arakalagud. The same came to be dismissed on 10.08.2023. Being - 3 - NC: 2025:KHC:3016 WP No. 24963 of 2023 aggrieved by the same, the defendant No.1 is before this Court. 3. Now, that the matter is posted for evidence of the parties. Injunction order granted by the trial court on 30.05.2023 is operating as on today. In view of the above, the only relief that can be granted is to direct the trial court to dispose of the suit expeditiously. 4. Accordingly, the following order is passed: (i) Writ petition is disposed of. (ii) The Additional Civil Judge and JMFC, Arakalagud is directed to dispose of O.S.No.577/2022 as expeditiously as possible, not later than eight months from the date of receipt of a copy of this order. (iii) All contentions of the parties are kept open. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 76