- 1 - NC: 2025:KHC:11 WP No. 35321 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35321 OF 2024 (GM-CPC) BETWEEN: ARVIND HOMES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGSITERED OFFICE AT NO. 24 GOVERNMENT SERVANT SOCIETY N.R MUNICIPAL MARKET, C G ROAD AHMEDABAD, GUJARAT 380 009 REPRESENTED BY ITGS AUTHORISED SIGNATORY MR. MANJUNATH N HAVING ITS REGIONAL OFFICE AT SY NO. 53 OPP GKVK DODDABETTAHALLI VILLAGE YELAHANKA, BENGALURU 560 064 …PETITIONER (BY SRI. UDAY HOLLA, SENIOR COUNSEL FOR SRI.ABHINAY V.,ADVOCATE) AND: 1. MR.SIDDARTH S S/O LATE SADAPPA AGED ABOUT 65 YEARS 2. MR. MUNIRAYAPPA S S/O LATE SADAPPA AGED ABOUT 67 YEARS BOTH ARE R/AT KUNDANA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU DISTRICT BENGALURU-562110 …RESPONDENTS (BY SRI.SUNIL S RAO .,ADVOCATE FOR C/RESPONDENTS) Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11 WP No. 35321 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE AND QUASH THE IMPUGNED ORDER DATED: 17.12.2024 PASSED BY THE HONBLE COURT OF THE HONBLE III ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI BENGALURU RURAL IN M.A.34/2023 ON I.A.NO. II (ANNEXURE-A) AND CONSEQUENTLY RESTORE ORDER DATED: 26.09.2023 PASSED BY II ADDL CIVIL JUDGE AND JMFC DEVANAHALLI IN O.S.NO. 254 OF 2022 (ANNEXURE-E) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioner-plaintiff challenging the order dated 17.12.2024 passed by the III Addl. Senior Civil Judge and JMFC, Devanahalli, on I.A.No.II in M.A.No.34/2023, whereby the First Appellate Court has stayed the order dated 26.09.2023 passed by the II Addl. Civil Judge and JMFC, Devanahalli, on I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC in O.S.No.254/2022. - 3 - NC: 2025:KHC:11 WP No. 35321 of 2024 2. The plaintiff filed the suit for permanent injunction. Along with the plaint, the plaintiff also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC. On service of suit summons, the defendants appeared and filed written statement. After hearing the parties, the Trial Court vide order dated 26.09.2023 has allowed the said application restraining the defendants from interfering with the plaintiff’s possession, access, usage and enjoyment of the suit schedule property in any manner till pending disposal of the suit. Being aggrieved, the defendants filed M.A.No.34/2023 before the First Appellate Court. The First Appellate Court vide impugned order dated 17.12.2024 has stayed the order dated 26.09.2023 passed by the Trial Court on application filed under Order 39 Rules 1 and 2 of CPC. Hence, the present petition is filed challenging the impugned order passed by the First Appellate Court. 3. The parties are before this Court only on a short point regarding the interim order granted by the First Appellate Court. The appeal i.e. M.A.No.34/2023 filed by - 4 - NC: 2025:KHC:11 WP No. 35321 of 2024 the defendants before the First Appellate Court is pending for arguments of the parties. 4. Therefore, under the circumstances, this Court is of the opinion that the parties shall conclude the arguments and the First Appellate Court shall dispose of the appeal at the earliest within a time frame. Till then, the parties shall be directed to maintain status-quo in respect of the suit schedule property. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The order dated 17.12.2024 passed by the III Addl. Senior Civil Judge and JMFC, Devanahalli on I.A.No.II in M.A.No.34/2023 is modified to the effect that the parties are directed to maintain status-quo in respect of - 5 - NC: 2025:KHC:11 WP No. 35321 of 2024 the suit schedule property, till the disposal of the appeal. c) The petitioner/plaintiff is directed to conclude the arguments on 18.01.2025 and respondents/defendants to conclude the arguments on 24.01.2025. Thereafter, the First Appellate Court is directed to pass appropriate orders on or before 31.01.2025. d) Till then, the plaintiff/petitioner is directed not to precipitate the contempt proceedings against the defendants/respondents herein. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 18