- 1 - NC: 2025:KHC:2511 WP No. 31609 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31609 OF 2024 (GM-CPC) BETWEEN: SRI.VIJAY KUMAR S/O LATE SRINIVAS AGED ABOUT 33 YEARS R/AT NO.158 10TH CROSS BHAGYAJYOTHI COLONY MAHALAKSHMIPURAM, BENGALRU-560 056. …PETITIONER (BY SRI. SUBRAMANYA R, ADVOCATE FOR SRI. B R RAGHAVENDRA.,ADVOCATE) AND: SRI.MANJUNATH S.K. S/O SRI KALA NAYAK AGED ABOUT 37 YEARS R/AT NO.E-204/5 PRIYA BUILDING 5TH CROSS VIDHAYANAGAR NEAR VIDHYA NIKETAN SCHOOL T DASARAHALLI BENGLARU-560057. …RESPONDENT (BY SRI. SHRIKANTHA B S.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION TO SET ASIDE THE ORDERS PASSED BY THE LEARNED II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL, BENGALURU ON I.A.NO.I FILED UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE IN O.S.NO. 1987/2024 DATED: 20.11.2024 VIDE ANNEXURE-Q AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2511 WP No. 31609 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 the plaintiff under Article 227 of the Constitution of India challenging the order dated 20.11.2024 passed by the II Additional Civil Judge, Bengaluru Rural District, Bengaluru on IA No.I filed under Order XXIX Rules 1 and 2 r/w. Section 151 of CPC. 2. The plaintiff filed a suit for permanent injunction. Along with the plaint, he filed IA No.1 under Order XXXIX Rules 1 and 2 for temporary injunction. The trial court, by order dated 20.11.2024 issued summons and refused to grant ex-parte interim order. Being aggrieved by the same, the plaintiff is before this Court. 3. This Court, on 26.11.2024, passed an interim order directing the parties to maintain status-quo. Now that, after service of notice, the respondent has appeared through counsel. The application filed under Order XXXIX - 3 - NC: 2025:KHC:2511 WP No. 31609 of 2024 Rules 1 and 2 is pending for consideration, the respondent has appeared before this Court and submitted that he will file vakalath in the suit and appear in the matter. It is submitted that the matter is posted on 11.02.2025. 4.In view of the above, the following order is passed: (i) The writ petition is disposed of. (ii) Without expressing any opinion on the merits of the case, the trial court is directed to dispose of the application filed under Order XXXIX Rules 1 and 2 of CPC. (iii) The respondent/defendant is permitted to file objection, if any, to the IA on or before 11.02.2025. (iv) The trial court is directed to hear the parties on IA on 11.02.2025 and pass an order on the application on or before 18.02.2025. (v) Till the disposal of the IA, the interim order granted by this Court shall continue. - 4 - NC: 2025:KHC:2511 WP No. 31609 of 2024 (vi) All the contentions of the parties are kept open. (vii) In view of disposal of the main petition, all pending applications do not survive for consideration. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 73