Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4329 WP No. 34321 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 34321 OF 2024 (GM-CPC) BETWEEN:
SRI VENKATESH V S/O LATE VENKATASWAMY AGED ABOUT 69 YEARS R/AT NO.87, 3RD MAIN, 2ND CROSS INCOME TAX LAYOUT (ATTIGUPPE) VIJAYANAGAR, BENGALURU-560040 …PETITIONER (BY SRI. SHYAME GOWDA H.V., ADVOCATE) AND:
1.
SMT SHUBHA MURTHY AGED ABOUT 54 YEARS S/O LATE LAKSHMIRAMAIAH
2.
SRI VENKATARAJU AGED ABOUT 52 YEARS S/O LATE LAKSHMIRAMAIAH
3.
SRI CHANDRASHEKAR AGED ABOUT 50 YEARS S/O LATE LAKSHMIRAMAIAH
4.
SRI HARINARAYANA L AGED ABOUT 48 YEARS S/O LATE LAKSHMIRAMAIAH
5.
SMT. NARASAMMA AGED ABOUT 78 YEARS W/O LATE LAKSHMIRAMAIAH
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:4329 WP No. 34321 of 2024
6.
SMT. RADHAMMA AGED ABOUT 52 YEARS D/O LATE LAKSHMIRAMAIAH ALL ARE R/AT NO.438/1 6TH F CROSS, LAKSHMAN NAGAR NEAR SHANIMAHATHMA TEMPLE HEGGANAHALLI CROSS VISHWANEEDAM POST BANGALORE-560091 …RESPONDENTS (BY SRI.P MAHADEVA SWAMY., ADVOCATE FOR R1 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED: 12.12.2024 (ANNEXURE-A) PASSED BY THE IV ADDL. CIVIL JUDGE, BENGALURU RURAL IN OS.NO.2098/2024 TO THE EXTENT OF NOT GRANTING INTERIM ORDER OF TEMPORARY INJUNCTION IN FAVOUR OF THE PETITIONER RESTRAINING THE RESPONDENTS INTERFERENCE 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 Sri P.Mahadevaswamy undertakes to appear for respondent Nos. 1 and 4.
2. This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, seeking a direction to dispose of IA No.1 filed under Order XXXIX Rules 1 and 2 of CPC.
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NC: 2025:KHC:4329 WP No. 34321 of 2024
3. In view of the above, notice to the other respondents is not necessary.
4. The plaintiff filed a suit for bare injunction. Along with the plaint, he has filed an application under Order XXXIX Rules 1 and 2 of CPC seeking ex-parte temporary injunction. The trial court, without passing any order on IA has issued summons to the respondents.
5. The learned counsel for the petitioner/plaintiff submits that all the defendants are served.
6. In view of the above, the writ petition is disposed of directing the trial court to dispose of the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC, in accordance with law, on or before the end of February 2025.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM List No.: 1 Sl No.: 33