- 1 - NC: 2025:KHC:1100 WP No. 33782 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33782 OF 2024 (GM-CPC) BETWEEN: 1. MRS B R SHYLAJA WIFE OF CHANDRASHEKAR G V AGED ABOUT 56 YEARS 2. SRI. G.V. CHANDRASHEKAR SON OF LATE G.T. VENKATASWAMY AGED ABOUT 57 YEARS BOTH ARE RESIDING AT NO. 335 9TH MAIN, DOLLARS COLONY, 4TH PHASE J.P. NAGAR, BANGALORE-560 078. ALSO AT NO.403, MANIKCHAND 117FF KANAKPURA ROAD, JAYANAGAR 7TH BLOCK BANGALORE-560070. 3. SRI. G.V. PALAKSHA S/O G T. VENKATASWAMY REDDY AGED ABOUT 59 YEARS RESIDING AT NO. 1141, 4TH FLOOR 21ST A CROSS, H.S.R. LAYOUT BENGALURU SOUTH BENGALURU-560 102. 4. SMT. N. SUDHA W/O LATE G.V. NAGARAJ REDDY AGED ABOUT 57 YEARS. 5. MRS. DRUTHI G.N., D/O LATE G.V. NAGARAJ REDDY Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1100 WP No. 33782 of 2024 AGED ABOUT 33 YEARS 6. MS. RASHMI G.N. D/O LATE G.V. NAGARAJ REDDY AGED ABOUT 30 YEARS PETITIONER Nos. 4 TO 6 ARE R/AT NO. 183 GUNJUR, BENGALURU SOUTH BENGALURU-560087 ALSO AT NO. 183, GUNJUR VILLAGE BENGALURU EAST, BENGALURU 560087. …PETITIONERS (BY SRI. DHANANJAY JOSHI, SENIOR COUNSEL FOR SMT.KAVITHA DAMODARAN., ADVOCATE) AND: 1. SRI G V SATHISH REDDY ALIAS G V SATHEESH REDDY S/O LATE G.T. VENKATASWAMY REDDY AGED ABOUT 58 YEARS RESIDING AT GUNJUR VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK ALSO AT NALINI SATISH VIHAR OPP NAKSHA ACADEMY GUNJUR NERIGE ROAD GUNJUR POST, VARTHUR HOBLI BENGALURU EAST TALUK BENGALURU-560087. 2. M/S. VIRTUESA TECHNOLOGIES AND SERVICES PRIVATE LIMITED, A COMPANY REGISTERED UNDER COMPANIES ACT, 2013 REGISTERED OFFICE AT NO. 21, SAMARPAN ENCLAVE ECC ROAD, WHITE FIELD NEAR DEENS SCHOOL, BENGALURU-560066 REPRESENTED BY ITS DIRECTOR …RESPONDENTS - 3 - NC: 2025:KHC:1100 WP No. 33782 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE XXV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH- 23) BANGALORE TO REGISTER THE APPLICATION FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE 2A OF THE CODE OF CIVIL PROCEDURE, 1908 (IA NO. 6) IN OS NO. 5349 OF 2023 AS MISCELLANEOUS PETITION IN ACCORDANCE WITH KARNATAKA CIVIL RULES OF PRACTICE, 1908 AND DIRECT THE TRIAL COURT DISPOSE THE PETITIONERS APPLICATION FILED UNDER ORDER XXXIX RULE 2A OF THE CODE OF CIVIL PROCEDURE, 1908 (IA NO. 6) AS ANNEXURE-H EXPEDITIOUSLY, AND PASS SUCH OTHER ORDERS / OR DIRECTIONS AND ETC. THIS PETITION, COMING ON FOR PRILIMINARY HEARING, 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 petitioners-plaintiffs seeking for a direction to the Trial Court to dispose of the application filed by the plaintiffs under Order 39 Rule 2A of CPC in O.S.No.5349/2023 expeditiously. 2. Learned Senior counsel appearing for the petitioners submits that the plaintiffs have filed O.S.No.5349/2023 for declaration and injunction. The Trial Court vide order dated 22.08.2023 has passed an exparte order of - 4 - NC: 2025:KHC:1100 WP No. 33782 of 2024 injunction on an application filed by the plaintiffs under Order 39 Rules 1 and 2 of CPC. Inspite of the interim order granted by the Trial Court, the defendants are violating the interim order granted by the Trial Court. Therefore, the plaintiffs filed an application under Order 39 Rule 2A of CPC seeking for a direction to the Trial Court to initiate appropriate proceedings against defendant No.1 for disobeying the order dated 28.02.2023. Even after filing the said application, the defendants are taking several adjournments on one pretext or the other and even the Trial Court has not passed any order on the said application. Hence, he sought for a direction to the Trial Court to dispose of the application at the earliest. 3. Heard the learned senior counsel appearing for the petitioners. 4. Be that as it may. Without expressing any opinion on the merits of the case, the Trial Court is directed to consider the application filed by the plaintiffs under Order - 5 - NC: 2025:KHC:1100 WP No. 33782 of 2024 39 Rule 2A of CPC in accordance with law and dispose of the said application on or before 15.02.2025. 5. With the above observation, the writ petition is disposed of. 6. In view of disposal of petition, all pending I.As., if any, are accordingly disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 7