- 1 - NC: 2025:KHC:1649 WP No. 31531 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31531 OF 2024 (GM-CPC) BETWEEN: MR. RATHNAKARA L C S/O CHIDAMBARAYYA AGED ABOUT 58 YEARS KEMMAI HOUSE BANNURU VILLAGE POST PUTTUR TALUK-574203. …PETITIONER (BY SRI. JAYAKARA SHETTY H.,ADVOCATE) AND: 1. MR M S THIRUMALESHWARA BHAT AGED 65 YEARS R/AT CHETTALLI SOMAVARAPETE KODAGU DISTRICT-571236. 2. SMT GUNAVATHI K R W/O K RAMACHANDRA BHAT AGED 56 YEARS R/AT KAJE HOUSE MANCHI VILLAGE BANTWAL TALUK-574323. 3. MR M S GURUPRASAD AGED 53 YEARS R/AT CHETTALLI SOMAVARAPETE KODAGU DISTRICT-571236. 4. MR M S SHAMPRASAD AGDED 61 YEARS R/AT MUTHARAMUDI MADIKERI TALUK KODAGU DISTRICT-571201. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1649 WP No. 31531 of 2024 5. MR SUBRAHMANYA BHAT S/O LATE NARAYANA BHAT AGED ABOUT 57 YEARS R/AT MITHOOR IDKIDU VILLAGE BANTWAL TALUK-574211. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE TRIAL COURT TO HEAR AND DISPOSE OF THE APPLICATION IA NO. IV FILED BY THE PETITIONER SEEKING FOR VACATING OF THE EXPARTE ORDER OF INJUNCTION GRANTED ON IA NO. III FILED BY THE R1 TO R4. 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 1. This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.2 seeking for a direction to the Trial Court to dispose of I.A.No.IV filed by the defendant No.2 under Order 39 Rule 4 of CPC in O.S.No.11/2020. 2. Plaintiff has filed the suit for recovery of money. Along with the suit, the plaintiff also filed an application under Order 39 Rules 1 and 2 of CPC seeking for an order - 3 - NC: 2025:KHC:1649 WP No. 31531 of 2024 of temporary injunction. The Trial Court, by order dated 22.01.2020 has granted an ad-interim exparte temporary injunction. After service of suit summons, the defendants appeared through counsel and filed written statement. The defendant No.2 filed I.A.No.IV under Order 39 Rule 4 of CPC for vacating the exparte interim order granted by the Trial Court on 22.01.2020. The said application is dated 23.03.2022. The Trial Court has not passed any order on the said application. Hence, the present petition is filed. 3. Heard the learned counsel for the petitioner. Perused the writ papers. 4. Be that as it may. Without expressing any opinion on the merits of the case, the Court of Principal Civil Judge & JMFC, Bantwala, is directed to dispose of the application i.e., I.A.No.IV filed by the defendant No.2 under Order 39 Rule 4 of CPC in accordance with law, on or before 31.03.2025. - 4 - NC: 2025:KHC:1649 WP No. 31531 of 2024 5. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 29