- 1 - NC: 2025:KHC:6133 WP No. 28093 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 28093 OF 2023 (GM-CPC) BETWEEN: SRI B.K. RUDRAIAH S/O B C KAGALAIAH AGED ABOUT 60 YEARS R/AT BILLAKEMPANAHALLI, BIDADI HOBLI RAMANAGARA TALUK & DISTRICT BENGALURU-562109. …PETITIONER (BY SRI. ABHINAV RAMANAND A.,ADVOCATE) AND: SRI K.S. RAGHAVENDRA NAIK S/O LATE SINGAPPA NAIK AGED ABOUT 71 YEARS NO.589, 20TH MAIN ROAD 6TH BLOCK, KORAMANGALA BENGALURU-560095 …RESPONDENT (BY SRI. CHETAN DESAI., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 06.11.2023 PASSED BY THE ADDL. SENIOR CIVIL JUDGE AND JMFC RAMANAGARA IN OS NO. 346/2023 (SUIT) AT ANNEXURE-F TO THE WRIT PETITION AND DIRECT THE ADDL. SENIOR CIVIL JUDGE AND JMFC RAMANAGARA TO EXTEND THE EX-PARTE AD INTERIM ORDER OF TEMPORARY INJUNCTION GRANTED ON Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6133 WP No. 28093 of 2023 27.07.2023 AT ANNEXURE-B TILL CONSIDERATION AND ADJUDICATION OF IA NO.1 ON MERITS BY ALLOWING THE PRESENT PETITION AND ETC. 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 writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 06.11.2023 passed by the I Additional Senior Civil Judge and JMFC, Ramanagara in O.S.No.346/2023, whereby the trial court refused to extend the temporary injunction order granted earlier. 2. The plaintiff filed a suit for specific performance. Along with the plaint, he filed an application under Order XXXIX Rule 1 and 2 of CPC. The trial court granted ex- parte order of temporary injunction on 27.07.2023. 3. When the matter was called on 12.10.2023, counsel for the plaintiff filed an application for extension of temporary injunction order. The same was extended and - 3 - NC: 2025:KHC:6133 WP No. 28093 of 2023 the matter was posted to 06.11.2023. On 06.11.2023, plaintiff was absent and the application for extension of temporary injunction was rejected. Since the application filed under Order XXXIX Rules 1 and 2 is pending before the trial court, the writ petition requires to be allowed. 4. Accordingly, the following order is passed: (i) The writ petition is allowed. (ii) The order dated 06.11.2023 dismissing the application filed under Section 151 of CPC in O.S.No.346/2023, by the I Additional Senior Civil Judge and JMFC, Ramanagara is set aside. (iii) The application filed by the plaintiff under Section 151 of CPC is allowed. The temporary injunction granted on 27.07.2023 is extended till disposal of the IA filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC. - 4 - NC: 2025:KHC:6133 WP No. 28093 of 2023 (iv) The trial court is directed to dispose of the said IA, in accordance with law, after giving opportunity to both the parties, as expeditiously as possible, not later than end of March 2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 101