- 1 - NC: 2025:KHC:4812 WP No. 36174 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 36174 OF 2024 (GM-CPC) BETWEEN: SWATI K W/O, RAKESH C. AGED ABOUT 32 YEARS R/AT NO 2374, 25TH MAIN SECTOR 1 HSR LAYOUT, KARNATAKA BENGALURU-560102 …PETITIONER (SRI DECLYN GOMES, PETITIONER) AND: AMELIORATE REALTORS PVT LTD NO. 22, 5TH FLOOR HARA CHAMBERS KH ROAD KARNATAKA BENGALURU - 560102 REPRESENTED BY ITS AUTHORIZED SIGNATORY - MR. MANJUNATH …RESPONDENT (BY SRI. RAJESH B L, ADVOCATE FOR SMT. ARCHANA K M.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS IN A.A NO. 62/2024 ON THE FILE OF THE HONBLE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN (CCH-40)SET ASIDE THE ORDER DATED: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4812 WP No. 36174 of 2024 29.11.2024 (ANNEXURE-A) PASSED BY THE HONBLE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN (CCH-40) IN AA NO. 62/2024 AND CONSEQUENTLY GRANT AD-INTERIM ORDERS OF TEMPORARY INJUNCTION AS PRAYED FOR IN IA NO. 1/2024 (ANNEXURE-C) IN AA NO. 62/2024 AND ETC. 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 seeking to set aside the order dated 29.11.2024 passed by the XXXIX Addl. City Civil and Sessions Judge, Bengaluru, in A.A.No.62/2024, whereby the Trial Court has refused to grant an exparte ad-interim order of temporary injunction on I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC. 2. The petitioner herein filed A.A.No.62/2024 before the Principal Civil Judge and Session Judge, Bengaluru under Section 9 of the Arbitration and Conciliation Act, 1996. - 3 - NC: 2025:KHC:4812 WP No. 36174 of 2024 Along with the application, he also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC on 28.11.2024. The Trial Court by impugned order dated 29.11.2024 has refused to grant an exparte order of temporary injunction and directed to issue notice to the respondent. Being aggrieved by the said order, the petitioner is before this Court. 3. The learned counsel for the respondent has submitted that respondent has already been represented through counsel before the Trial Court and now the matter is posted for hearing on I.A.Nos.1 and 2. 4. The learned counsel for the petitioner submitted that till disposal of I.A.No.1 before the Trial Court, the parties may be directed to maintain status-quo. 5. Heard the learned counsel for the parties. Perused the writ papers. 6. The application under Order 39 Rules 1 and 2 of CPC has been filed before the Trial Court on 28.11.2024. Till - 4 - NC: 2025:KHC:4812 WP No. 36174 of 2024 today, there is no benefit of any order of temporary injunction in favour of the petitioner. The matter is posted for hearing on I.A.Nos.1 and 2 on 13.02.2025. At this stage, there cannot be an order by this Court directing the parties to maintain status-quo and this Court can only direct the Trial Court to dispose of I.A.No.1 after hearing the parties. 7. Accordingly, the writ petition is disposed of. 8. The Trial Court, after hearing the parties, shall pass appropriate orders on I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC, in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 30