- 1 - NC: 2025:KHC:7480 WP No. 35795 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 35795 OF 2024 (GM-CPC) BETWEEN: SRI. CHETHAN C C S/O LATE CHANDRASHEKAR AGED ABOUT 50 YEARS R/AT NO. 6, GAYATHRI SOUTHERN EXTENSION CHANNARAYA PATNA HASSAN DISTRICT-573116 …PETITIONER (BY SRI.K N NITISH & SRI. K V NARASIMHAN., ADVOCATES) AND: SRI G MANOJ KUMAR S/O GANAPATHLAL BOHRA AGED ABOUT 50 YEARS R/AT 1ST MAIN, VIVEKANANDA NAGAR CHANNARAYAPATNA TOWN HASSAN DISTRICT - 573116. …RESPONDENT (BY SRI. MANJUNATH PRASAD H N.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 26/11/2024 PASSED IN OS NO.250/2024 ON THE FILE OF LEARNED SENIOR CIVIL JUDGE AND JMFC AT CHANNARAYAPATNA AT ANNEXURE- H PASSED ON IA NO. 1 AND 2 AND ETC. Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7480 WP No. 35795 of 2024 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 This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 26.11.2024 in O.S.No.250/2024, whereby, the trial court, on an application filed by the petitioner/plaintiff under Order XXXIX Rules 1 and 2 has only issued emergent notice. 2. The plaintiff filed a suit for declaration. Along with the plaint, he filed IA No.1 under Section 151 of CPC for stay of the Ex.Petition No.97/2017 and IA No.2 filed under Order XXXIX Rules 1 and 2. The trial court refused to grant ex-parte injunction and has ordered issuance of emergent notice. After service of notice, defendant appeared. Thereafter, the matter was adjourned on the request of the defendant for filing the objections. Therefore, the petitioner is before this Court. - 3 - NC: 2025:KHC:7480 WP No. 35795 of 2024 3. Be that as it may. At present, the application is pending before the trial court for consideration. Now, all the parties are represented before the trial court. Hence, the trial court is directed to dispose of IA No.2, in accordance with law, as expeditiously as possible, not later than 01st March 2025. 4. With the above observations, the writ petition stands disposed of. 5. In view of disposal of the main petition, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 50