- 1 - HC-KAR NC: 2025:KHC:49894 WP No. 8133 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 8133 OF 2024 (GM-CPC) BETWEEN: SMT. BHAGYA R W/O THYAGARAJULU NAIDU AGED ABOUT 51 YEARS RESIDING AT NO.9 KATHRIGUPPE MAIN ROAD OPP RASHMI KALYANA MANTAPA BANASHANKARI 3RD STAGE BANGALORE - 560 085. …PETITIONER (BY SRI RAGHAVENDRA K, ADV.) AND: 1. THE SOUTH INDIAN BANK LTD., REGIONAL OFFICE AT SIB ARCADE, NO 61 WHEELER ROAD COX TOWN, BANGLORE - 560 005 REPT BY ITS AUTHORIZED OFFICER. 2. SRI ASHOK KUMAR N S/O NAGARAJ C AGED ABOUT MAJOR. 3. SMT. PRIYA G W/O ASHOK KUMAR N AGED ABOUT MAJOR. THE RESPONDENT NO.2 & 3 ARE R/AT NO 76/4-2, 30TH CROSS, CM TOWERS, TILAK NAGAR, 4TH T BLOCK, JAYANAGAR BANGALORE - 560 041. …RESPONDENTS (BY SRI NARAYANA SHENOY, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49894 WP No. 8133 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE FILE OF LEARNED VIII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH 15) AT BANGALORE IN OS NO. 1782/2024 AND AFTER PERUSING THE RECORDS, SET ASIDE THE ORDERS DATED 12/03/2024, PASSED BY THE LEARNED VIII ADDL. CITY CIVIL AND SESSINS JUDGE (CCH 15) AT BANGALORE PASSED IN OS NO. 1782/2024 WHICH IS PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. The plaintiff is before this Court assailing the order dated 12.03.2024 passed in O.S.No.1782 of 2024 by the Court of VIII Additional City Civil and Sessions Judge, Bengaluru. 2. Heard the learned counsel appearing for the parties. 3. Petitioner / plaintiff has filed O.S.No.1782 of 2024 before the jurisdictional civil Court at Bangalore seeking the relief of permanent injunction in respect of the suit schedule property. In the said suit, I.A.No.I was filed under Order XXXIX Rule 1 and 2 of CPC seeking an ad interim order of temporary injunction and the trial Court by the order impugned had issued emergent notice on I.A.No.I and also suit summons to the - 3 - HC-KAR NC: 2025:KHC:49894 WP No. 8133 of 2024 defendants / Respondents. Being aggrieved by the said order, the plaintiff is before this Court. 4. Learned counsel for the petitioner submits that respondents are now represented before the trial court. This Court while issuing emergent notice to the respondents herein has granted an interim order directing the parties to maintain status quo in all respects with regard to the suit schedule properties. The said interim order is operating as on this day. He submits that the trial Court may be directed to dispose of I.A.No.I within a time frame and until disposal of I.A.No.I, the interim protection may be extended. 5. Learned counsel appearing for the contesting respondents submits that the suit itself is not maintainable and an application is filed by the defendants under Order VII Rule 11 of CPC to reject the plaint. 6. This Court vide order dated 15.03.2024 while issuing emergent notice to the respondents in this petition has directed the parties to maintain status quo in all respects with regard to the suit schedule properties and the said interim - 4 - HC-KAR NC: 2025:KHC:49894 WP No. 8133 of 2024 order is operating as on this day. Since the respondents who are defendants in O.S.No.1782 of 2024 are now represented before the trial Court, I am of the opinion that if this writ petition is disposed of with a direction to the trial Court to dispose of I.A.No.I in O.S.No.1782 of 2024 within a time frame and if the interim order granted by this Court is extended till then, the same would serve the ends of Justice. Accordingly the following:- ORDER The writ petition is disposed of with a direction to the trial Court to dispose of I.A.No.I in O.S.No.1782 of 2024 not being influenced by any observations made by this Court while disposing of this writ petition, within a period of three weeks from today and till the disposal of I.A.No.I the interim order granted by this Court in this petition shall continue. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS/List No.: 1 Sl No.: 37