- 1 - NC: 2025:KHC:8070 WP No. 4815 of 2025 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. 4815 OF 2025 (GM-CPC) BETWEEN: SRI N MANJUNATHA S/O NINGAPPA AGED ABOUT 53 YEARS R/AT NARAHARINAGARA NAGARAMGERE POST, CHALLAKERE TALUK CHITRADURGA DISTRICT-577522 …PETITIONER (BY SRI. K S NARAYANA SWAMY.,ADVOCATE) AND: SMT H G MANJULADEVI W/O G RAGHAVENDRA AGED ABOUT 49 YEARS WORKING AS ANGANWADI R/AT NARAHARINAGARA NAGARAMGERE POST, CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC CHALLAKERE TO CONSIDER/HEAR THE APPLICATION IN IA NO. 3 FILED BY THE PETITIONER ON 3.11.2023 UNDER ORDER XXXIX RULE 4 OF CPC FOR VACATING OF EXPARTE AD INTERIM ORDER OF TEMPORARY IN OS NO. 253/2023 VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8070 WP No. 4815 of 2025 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the defendant, seeking a direction from this Court to the Principal Civil Judge and JMFC, Challakere to dispose of I.A.No.3 filed by the defendant under Order XXXIX Rule 4 of CPC as expeditiously as possible. 2. Since the petitioner is only seeking a direction to dispose of the application, service of notice to the respondent is not necessary. 3. The plaintiff has filed a suit for bare injunction. Along with the plaint, he has filed I.A.No.1 under Order XXXIX Rules 1 and 2 of the CPC. The trial Court by order dated 04.10.2023, granted an exparte ad-interim order of temporary injunction, restraining the defendant from interfering with the suit schedule property until the next date of hearing. After service of summons, the defendant has entered appearance and filed I.A.No.3 under Order - 3 - NC: 2025:KHC:8070 WP No. 4815 of 2025 XXXIX Rule 4 of the CPC seeking for vacating exparte ad- interim order. Since the trial Court has been adjourning the matter for one or the other reason without considering the application filed by the defendant, the defendant is now before this Court, seeking a direction to dispose of I.A.No.3. 4. Learned counsel for the petitioner has submitted that immediately after service of summons, the defendant has entered appearance and filed I.A.No.3 under Order XXXIX Rule 4 of the CPC on 03.11.2023 for vacating the exparte ad-interim order granted on 04.10.2023. From that day, the trial Court for one or the other reasons, adjourning the matter by extending the exparte interim order without hearing on I.A.No.3 filed by the defendant. Hence, he sought for direction to dispose of the application. 5. In view of the above, without expressing any opinion on the merits of the case, the writ petition is disposed of. - 4 - NC: 2025:KHC:8070 WP No. 4815 of 2025 6. The Principal Civil Judge and JMFC, Challakere is directed to dispose of I.A.No.3 filed by the defendant under Order XXXIX Rule 4 of CPC, as expeditiously as possible, on or before 31.03.2025. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 11