- 1 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.12065/2020 (GM-CPC) C/W WRIT PETITION NO.12177/2020 (GM-CPC) WRIT PETITION NO.12180/2020 (GM-CPC) WRIT PETITION NO.12184/2020 (GM-CPC) IN W.P. No.12065/2020: BETWEEN: SMT. S. VANI SUBRAMANYAM W/O SRI. S.P. SUBRAMANYAM AGED ABOUT 47 YEARS R/A NO.10/28, MOUNT JOY ROAD DONDUSA LAYOUT, HANUMANTH NAGAR BENGLAURU 560 019. …PETITIONER (BY SRI. NITHISH V, ADV., FOR SRI. M.S. RAGHAVENDRA PRASAD, ADV.,) AND: 1. SRI. NAGARAJ .U S/O LATE UTHANALLAPPA AGED ABOUT 64 YEARS R/AT. NO.713, B BLOCK 27TH CROSS, AECS ALYOUT SINGASANDRA POST BENGALURU SOUTH BENGLAURU 560 068. 2. SRI. VISHWANATHA S/O LATE SRINIVASAIAH Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 AGED MAJOR R/AT. SRINIVASA BUILDING 4TH CROSS, CHIKKABEGUR ROAD OPP. TO KUDLU GATE, 7TH MILE HOSUR ROAD, SINGASANDRA POST BENGALURU 560068. …RESPONDENTS (BY SRI. ANANDA H.J. AND SRI. KUMAR, ADVS., FOR R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRITS OR DIRECTIONS OR ORDERS QUASHING THE IMPUGNED ORDER DATED 25.08.2020 PASSED BY THE HONBLE III ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU IN O.S.NO.612/2020 AT ANNEXURE-A IN ACCORDANCE WITH LAW. ALLOW THE INTERLOCUTORY APPLICATION NOS.I AND II FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 DATED 18.08.2020 IN O.S.NO.612/2020 AT ANNEXURE-L AND L1 & ETC. IN W.P. NO.12177/2020: BETWEEN: SMT. S. VANI SUBRAMANYAM W/O SRI. S.P. SUBRAMANYAM AGED ABOUT 47 YEARS R/AT. NO.10/28, MOUNT JOY ROAD DONDUSA LAYOUT, HANUMANTH NAGAR BENGALURU- 560 019. ...PETITIONER (BY SRI. NITHISH V, ADV., FOR SRI. M.S. RAGHAVENDRA PRASAD, ADV.,) AND: 1. SRI. NAGARAJ .U S/O LATE UTHANALLAPPA AGED ABOUT 64 YEARS - 3 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 R/AT. NO.713, B BLOCK 27TH CROSS, AECS LAYOUT SINGASANDRA POST, BENGALURU SOUTH BENGALURU- 560 068. 2. SRI. VISHWANATHA S/O LATE SRINIVASAIAH AGED MAJOR R/AT. SRINIVASA BUILDING 4TH CROSS, CHIKKABEGUR ROAD OPP. TO KUDLU GATE, 7TH MILE HOSUR ROAD, SINGASANDRA POST BENGALURU- 560 068. ...RESPONDENTS (BY SRI. KUMAR AND SRI. ANJAN KUMAR C.R. ADVS., FOR R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.08.2020 PASSED BY THE HONBLE III ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGLAURU IN O.S.NO.611/2020 AT ANNEXURE-A IN ACCORDANCE WITH LAW. ALLOW THE INTERLOCUTORY APPLICATION NOS.1 AND II FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 DATED 18.08.2020 IN O.S.NO.611/2020 AT ANNEXURE-L AND L1 & ETC. IN W.P. NO.12180/2020: BETWEEN: SMT. S. SUMANA SRINIVAS W/O SRI. S.P. SRINIVAS AGED ABOUT 48 YEARS R/AT. NO.10/28, MOUNT JOY ROAD DONDUSA LAYOUT, HANUMANTH NAGAR BENGALURU-560019. ...PETITIONER (BY SRI. NITHISH V, ADV., FOR SRI. M.S RAGHAVENDRA PRASAD, ADV.,) - 4 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 AND: 1. SRI. NAGARAJ .U S/O LATE UTHANALLAPPA AGED ABOUT 64 YEARS R/AT NO.713, B BLOCK 27TH CROSS, AECS LAYOUT SINGASANDRA POST BENGALURU SOUTH BANGALORE-560068. 2. SRI. VISHWANATHA S/O LATE SRINIVASAIAH AGED MAJOR R/AT. SRINIVASA BUILDING 4TH CROSS, CHIKKABEGUR ROAD OPP. TO KUDLU GATE, 7TH MILE HOSUR ROAD, SINGASANDRA POST BENGALURU-560068. ...RESPONDENTS (BY SRI. KUMAR AND SRI. ANJAN KUMAR C.R. ADVS., FOR R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.08.2020 IN I.A.NO.1 AND 2 PASSED BY THE HONBLE III ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGLAURU IN O.S.NO.610/2020 AT ANNEXURE-A IN ACCORDANCE WITH LAW. ALLOW THE INTERLOCUTORY APPLICATION NOS.1 AND II FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 DATED 18.08.2020 IN O.S.NO.610/2020 AT ANNEXURE-L AND L1 & ETC. IN W.P. NO.12184/2020: BETWEEN: SMT. S. SUMANA SRINIVAS W/O SRI. S.P. SRINIVAS AGED ABOUT 48 YEARS R/AT. NO.10/28, MOUNT JOY ROAD DONDUSA LAYOUT HANUMANTH NAGAR - 5 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 BENGALURU 560 019. ...PETITIONER (BY SRI. NITHISH V, ADV., FOR SRI. M.S. RAGHAVENDRA PRASAD, ADV.,) AND: 1. SRI. NAGARAJ .U S/O LATE UTHANALLAPPA AGED ABOUT 64 YEARS R/A NO.713, B BLOCK 27TH CROSS, AECS LAYOUT SINGASANDRA POST BENGALURU SOUTH BENGALURU 560 068. 2. SRI. VISHWANATHA S/O LATE SRINIVASAIAH AGED MAJOR R/AT. SRINIVASA BUILDING 4TH CROSS, CHIKKABEGUR ROAD OPP. TO KUDLU GATE, 7TH MILE HOSUR ROAD, SINGASANDRA POST BENGALURU 560 068. ...RESPONDENTS (BY SRI. KUMAR AND SRI. ANJAN KUMAR C.R. ADVS., FOR R2) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 25.08.2020 PASSED BY THE HONBLE III ADDL. CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU IN O.S. NO.609/2020 AT ANNX-A IN ACCORDANCE WITH LAW. ALLOW THE INTERLOCUTORY APPLICATION NOS.I AND II FILED BY THE PETITIONER UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 DTD 18.08.2020 IN OS NO.609/2020 VIDE ANNX-L AND L1 & ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER W.P.No.12065/2020 is filed challenging the order 25.08.2020 passed in O.S.No.612/2020 by the III Additional Civil Judge, Bengaluru Rural District, Bengaluru, (for short, 'the trial Court'). W.P.No.12177/2020 is filed challenging the order 25.08.2020 passed in O.S.No.611/2020 by the trial Court. W.P.No.12180/2020 is filed challenging the order 25.08.2020 passed in O.S.No.610/2020 by the trial Court. W.P.No.12184/2020 is filed challenging the order 25.08.2020 passed in O.S.No.609/2020 by the trial Court. 2. In all the aforesaid petitions, the petitioners are seeking to allow the interlocutory application Nos.I and II filed by the respective petitioner under Order XXXIX Rules 1 and 2 read with section 151 of the Code of Civil Procedure, 1908, in all the suits. 3. Sri.Nitish V., learned counsel appearing for Sri.M.S.Raghavendra Prasad, learned counsel for the petitioners in these petitions submits that the petitioners have filed a suit against the respondents for injunction. In the said suits, along - 7 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 with the plaints, the respective petitioners have filed an applications under Order XXXIX Rules 1 & 2 read with Section 151 of CPC seeking for injunction and the said applications were pressed and requested the trial Court to grant exparte injunction. However, the trial Court issued suit summons and emergent notice to the respondents-defendants on the applications filed by the petitioners. Being aggrieved, these petitions have been filed. It is submitted that during the pendency of the proceedings, notice issued to respondent No.2 is served and notice on the respondent No.1 is awaited. It is further submitted that no purpose would be served in keeping the present petitions pending, as this Court has granted interim order in all the petitions after hearing the petitioners and directed the parties to maintain status quo and the said interim orders are in force. It is also submitted that the ends of justice would be met if the said interim orders are continued till the disposal of the suits filed by the petitioner. Hence, he seeks to allow the writ petitions by continuing the interim orders granted by this Court. - 8 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 4. Per contra, Sri.Ananda H.J., learned counsel appearing for respondent No.2 submits that the writ petitions are premature as the applications filed by the petitioners- plaintiffs are pending consideration before the trial Court and trial Court may be directed to consider the said applications on their merits. It is submitted that if the trial Court is directed to consider the applications filed by the petitioners, they would oppose the same by filing the objections and defend the suits. Hence, he seeks to dismiss the petitions. 5. I have heard the arguments of the learned counsel for the petitioner, learned counsel for respondent No.2, perused the material available on record. 6. The petitioners have filed civil suits against the respondents for the relief of injunction. The petitioners have made various averments in the plaints, along with the plaints the petitioners have also filed applications under Order XXXIX Rules 1 & 2 r/w Section 151 of CPC seeking for temporary injunction. Admittedly, those applications are pending before the trial Court. Pending consideration of those applications, being aggrieved by non-consideration of exparte temporary - 9 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 injunction, the petitioner has knocked the door of this Court. In my considered view, no purpose would be served by keeping the petitions pending awaiting notice to respondent No.1, as the interim orders granted by this Court in all the petitions vide order dated 05.11.2020 are in force, and if the said interim orders are continued by directing the trial Court to consider the applications filed by the petitioners under Order XXXIX Rules 1 & 2 r/w Section 151 of CPC in the respective suits, the ends of justice would be met. 7. It is also made clear that this Court has not expressed any opinion on the merits or demerits of the case. 8. Hence, for the aforementioned reasons, I proceed to pass the following: ORDER i. The writ petitions are allowed in part. ii. The interim orders granted by this Court on 05.11.2020 are continued till the trial Court considers the applications filed by the petitioners under Order XXXIX Rules 1 & 2 read with Section 151 of CPC by providing sufficient - 10 - HC-KAR NC: 2025:KHC:26083 W.P. No.12065/2020 C/W W.P. No.12177/2020 W.P. No.12180/2020 W.P.No.12184/2020 opportunity to the respondents-defendants in the respective suits. All the contentions urged by the learned counsel for the petitioners and learned counsel for respondent No.2 are kept open. No orders to cost. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 21