- 1 - NC: 2025:KHC:8179 WP No. 11533 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11533 OF 2024 (GM-CPC) BETWEEN: 1. MR PRATHIPATI KRANTI KUMAR AGED ABOUT 40 YEARS S/O ANJANEYULU PRATHIPATI R/AT NO.67, 3RD CROSS R K GARDENS, BEHIND GOWRI APARTMENTS, NEW BEL ROAD BANGLORE 560054. 2. M/S RASASRI DEVELOPERS (PVT) LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT HAVING ITS OFFICE AT NO.18 3RD FLOOR, RASARI CHAMBERS JALADARSHANI LAYOUT NEW BEL ROAD, BANGALORE-560054 REP. BY ITS DIRECTOR. 3. MR. N RADHAKRISHNA AGED ABOUT 55 YEARS S/O MR. NANJUNDAPPA R/AT FLAT NO.103A, RANKA ENCLAVE, C V RAMAN ROAD Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8179 WP No. 11533 of 2024 SADASHIVNAGARA BANGALORE-560080. …PETITIONERS (BY MISS. HARINI K, ADVOCATE FOR SRI. ASHOK G V.,ADVOCATE) AND: 1. MS MUNINANJAMMA AGED ABOUT 77 YEARS W/O LATE T RAMAIAH SINCE DEAD REP. BY LEGAL HEIRS R1-R13 SMT. UMADEVI AGED ABOUT 60 YEARS D/O LATE T RAMAIAH. 2. SMT. PARANJYOTHI AGED ABOUT 58 YEARS D/O LATE T RAMAIAH. 3. MR. MUNINARENDRA BABU AGED AOBUT 56 YEARS S/O LATE T RAMAIAH. 4. SMT. GIRIJA AGED ABOUT 48 YEARS W/O MUNINARENDRABABU 5. ABHIRAM AGED ABOUT 21 YEARS S/O MUNINARENDRABABU. 6. YASHAVANTH AGED ABOUT 18 YEARS S/O MUNINARENDRABABU - 3 - NC: 2025:KHC:8179 WP No. 11533 of 2024 7. SRI VENKATESH AGED ABOUT 52 YEARS S/O LATE T RAMAIAH 8. SMT. ARCHANA AGED ABOUT 41 YEARS W/O SRI VENKATESH 9. HARINI AGED ABOUT 19 YEARS D/O SRI VENKATESH 10. MAHESH AGED ABOUT 19 YEARS D/O SRI VENKATESH 11. SMT. PADMAVATHI@PADMA AGED ABOUT 50 YEARS D/O LATE T RAMAIAH. 12. SMT. MANJULA AGED ABOUT 48 YEARS D/O LATE T RAMAIAH. 13. SMT. RASHMI AGED ABOUT 44 YEARS D/O LATE T RAMAIAH. R1 TO 13 ARE RESIDING AT 119 1ST MAIN ROAD, 6TH MAIN ROAD 6TH CROSS, KUMARASWAMY LAYOUT II STAGE, BANGALORE-560060. 14. B R BYREGOWDA S/O LATE B.C RAJANNA 51, RESIDENT OF BETTAHALSUR JALA HOBLI, YELAHANKA TALUK - 4 - NC: 2025:KHC:8179 WP No. 11533 of 2024 BENGALURU NORTH BENGALURU URBAN KARNATAKA-560064. …RESPONDENTS (BY SRI.R.S RAVI., SENIOR COUNSEL FOR SRI. V CHANDRAPPA, ADVOCATE FOR R14: SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR R2,R4,R5,R7, R9,R11,R12 & R13: NOTICE TO R1, R3, R6 R8 & R10 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE ORDER DATED: 04.04.2024 PASSED BY THE HONBLE PRL. SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, BANGALORE RURAL IN OS NO. 385/2024 PRODUCED AS ANNEXURE-A 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 This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 04.04.2024 passed by the Principal Senior Civil Judge and JMFC, Devanahalli, in O.S.No.385/2024, whereby the application filed by the plaintiff under Order XXXIX Rules 1 and 2 has been dismissed refusing to grant ex-parte temporary injunction. - 5 - NC: 2025:KHC:8179 WP No. 11533 of 2024 2. The plaintiffs filed a suit for specific performance of the contract. Along with the plaint, they filed an application under Order XXXIX Rules 1 and 2 for injunction. The trial court refused to grant ex-parte injunction order and only issued summons. Being aggrieved by the same, the plaintiffs are before this Court. 3. This Court, by order dated 22.04.2024 directed the parties not to alienate, encumber or create any third party rights over the suit schedule property till the next date of hearing. The said interim order is operating till this day. 3. In view of the above, the only relief that can be granted in this petition is to direct the trial court to dispose of IA Nos. 1 and 2, expeditiously. 4. Accordingly, the following order is passed: (i) This writ petition is disposed of. (ii) The trial court is directed to dispose of IA Nos. 1 and 2 in O.S.No.385/2024 filed by the - 6 - NC: 2025:KHC:8179 WP No. 11533 of 2024 plaintiffs as expeditiously as possible, not later than end of March 2025. (iii) Since the defendants have already appeared before the trial court and filed the written statement, till the disposal of the applications, the interim order granted by this Court shall continue. (iv) The trial court is directed to consider the matter on merits, independently, without being influenced by the observations made in the course of this order. (v) 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.: 44