- 1 - NC: 2025:KHC:4048 WP No. 36145 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 36145 OF 2024 (GM-CPC) BETWEEN: MR E U POONACHA S/O LATE MR E A UTTAIAH AGED ABOUT 64 YEARS R/AT NO. 493/1A, 5TH MAIN 3RD CROSS, HAL III STAGE EXTENSION BENGALURU 560 017 …PETITIONER (BY SRI. RAGHUNATH M D.,ADVOCATE) AND: 1. KOTAK MAHINDRA BANK SHOP NO. 58 AND 59, SREE COMPLEX BHSC T BLOCK, BANASHANKARI III STAGE BENGALURU 560 085 BY ITS AUTHORIZED OFFICER. 2. M/S FREEZE MANNEQUIRE CO., PARTNERSHIP FIRM NO. B-56 III INDUSTRIAL ESTATE MAHADEVAPURA WHITEFIELD ROAD BENGALURU-560048 BY ITS PARTNER MR NAND MEHRA REGISTERED UNDER PARTNERSHIP ACT 1932. 3. SMT. RATNA DEVI W/O SRI SAIBABA SITE NO. 2500, 3RD CROSS ROAD 4TH MAIN ROAD,HAL EXTENSION Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4048 WP No. 36145 of 2024 III STAGE KONENA AGRARAHA BENGALURU 560 035 …RESPONDENTS (BY SMT. SREEDEVI K B., ADVOCATE FOR SRI. PATIL J M.,ADVOCATE FOR R1: NOTICE TO R2 & R3 ARE DISPENSED WITH V/O DATED: 09.01.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION AND DIRECT THE 4TH ADDL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU IN O.S. 25271/2024 TO CONSIDER IA 1 FOR INJUNCTION NOT TO HOLD PUBLIC AUCTION IN SELLING THE SCHEDULE PROPERTY BY ISSUING A WRIT OF CERTIORARI OR ANY OTHER WRIT AT ANNEXURE-B 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, seeking a direction to consider the application filed by the petitioner/plaintiff under Order XXXIX Rules 1 and 2 of CPC before the trial court in O.S.No.25271/2024. 2. The plaintiff filed a suit for declaration that the loan document and the alleged mortgage entered into between defendant Nos. 1, 2 and 3 as null and void and not binding - 3 - NC: 2025:KHC:4048 WP No. 36145 of 2024 on the plaintiff and for other reliefs. Along with the plaint, he filed an application under Order XXXIX Rules 1 and 2 of CPC and sought for ex-parte injunction order. The trial court issued summons to the defendants. Being aggrieved by non-granting of ex-parte injunction order, the petitioner is before this Court. 3. Learned counsel for the petitioner contended that all the defendants have been served. The trial court may be directed to dispose of the IA as expeditiously as possible. 4. In view of the above, this writ petition is disposed of, directing the trial court to dispose of the application filed by the petitioner/plaintiff as expeditiously as possible, at any rate, by the end of February 2025. In the meantime, the defendants can file objections. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 58