- 1 - NC: 2025:KHC-D:7233 WP No. 103313 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.103313 OF 2025 (GM-CPC) BETWEEN: SHRI VITHAL BHARMA HUBLI, AGE. 48 YEARS, OCC. AGRICULTURAL, R/O. 401, ASHIRWAD RESIDENCY, CHOUGULEWADI, TILAKWADI, BELAGAVI-590 006. …PETITIONER (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: 1. SHRI VINAYAK S/O DWARKANATH DESHPANDE, AGE. 57 YEARS, OCC. BUSINESS, R/O. CTS NO.3405, FIRST FLOOR, GONDHALI GALLI, BELAGAVI-590 006. 2. SMT. ANNAPURNA DWARKANATH DESHPANDE, AGE. 97 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. S.D. SAMANT, FLAT NO.2/5, B-WING, NANDINI KRUPA, SUBHASH ROAD, VILE PARLE (E), MUMBAI-400 057. 3. SHRI GURUNATH DWARKANATH DESHPANDE, AGE. 68 YEARS, OCC. RETIRED, R/O. C/O. S.D. SAMANT, FLAT NO.2/5, B-WING, NANDINI KRUPA, SUBHASH ROAD, VILE PARLE (E), MUMBAI-400 057. 4. SHRI DAMODAR DWARKANATH DESHPANDE, AGE. 66 YEARS, OCC. BANK SERVICE, R/O. 501, SATHE MODGI CHS, VEER SAVARKAR ROAD, OPP. IDBI BANK NEAR, ST. JHON SCHOOK, THANE (W)-400 601. 5. SMT. LEENA W/O MANGESH GHOLKAR, AGE. 70 YEARS, OCC. HOUSEHOLD WORK, R/O. 10, ASAMANI CO-OP HOUSING SOCIETY, SHASTRI NAGAR, BEHIND SOUTH INDIAN JONDHALE HIGH SCHOOL, DOMBIVALI (W), MUMBAI-400 057. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.06.05 15:05:53 +0530 - 2 - NC: 2025:KHC-D:7233 WP No. 103313 of 2025 6. SMT. SMITA W/O DEEPAK MONDKAR, AGE. 57 YEARS, OCC. HOUSEHOLD WORK, R/O. 7/31, VISHAKA APARTMENTS, ADARSHA NAGAR, NEW LINK ROAD, JOGESHWARI (W), MUMBAI-400 102. 7. SMT. ANITA ANANT DESHPANDE, AGE. 70 YEARS, OCC. HOUSEHOLD WORK, R/O. FLAT NO.G-2, TEJ RESIDENCY, OPP. KAVALE MATH, SOMWAR PETH, TILAKWADI, BELAGAVI-590 006. 8. SHRI SIDDHARTH ANANT DESHPANDE, AGE. 33 YEARS, OCC. SERVICE, R/O. FLAT NO.G-2, TEJ RESIDENCY, OPP. KAVALE MATH, SOMWAR PETH, TILAKWADI, BELAGAVI-590 006. 9. SMT. TEJSWINI D/O ANANT DESHPANDE, AGE. 29 YEARS, OCC. HOUSEHOLD WORK, R/O. FLAT NO.G-2, TEJ RESIDENCY, OPP. KAVALE MATH, SOMWAR PETH, TILAKWADI, BELAGAVI-590 006. 10. SHRI NAGARAJ RAMCHANDRA PARIT, AGE. 48 YEARS, OCC. AGRICULTURAL, R/O. LAXMI GALLI, TIRTHKUNDE, R/O. LAXMI GALLI, TIRTHKUNDE, TQ. KHANAPUR, DIST. BELAGAVI-590 006. 11. SHRI. RAMA NANA KANOJI, AGE. 63 YEARS, OCC. AGRICULTURAL, R/O. LAXMI GALLI, TIRTHKUNDE, TQ. KHANAPUR, DIST. BELAGAVI-590 006. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ALLOW THE WRIT PETITION AND ISSUE WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE LEARNED IIND ADDITIONAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI, TO DISPOSE THE IA NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CODE OF CIVIL PROCEDURE FILED IN OS NO. 138/2022 VIDE ANNEXURE-B AS EXPEDITIOUSLY AS POSSIBLE, IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:7233 WP No. 103313 of 2025 CORAM: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking a writ of mandamus and to issue direction to the learned II Addl. Senior Civil Judge and CJM, Belagavi to dispose of IA No.1 filed under Order XXXIX Rules 1 and 2 of CPC. 2. Since no relief is sought, which would adversely affect the interest of respondent No.1/plaintiff, this Court is inclined to dispose of this petition. 3. Respondent No.1/plaintiff instituted the suit for partition and separate possession and on the application filed by the petitioner, the trial Court has granted ad-interim injunction vide order dated 30.03.2022. 4. While it is within the discretion of the learned Trial Judge to grant an ad-interim order of injunction in appropriate cases pending consideration of an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, the primary grievance of the petitioner is that the learned Judge has failed to dispose of the said application within the mandatory period of 30 days as stipulated under Order XXXIX - 4 - NC: 2025:KHC-D:7233 WP No. 103313 of 2025 Rule 3(a) of CPC. The petitioner submits that although the ex parte ad-interim injunction was granted against him as early as on 30.03.2022, the application seeking interim relief continues to remain undecided for an unduly long period, thereby subjecting the petitioner to protracted hardship and prejudice without the benefit of a hearing. 5. I find considerable force in the submission made by the learned counsel for the petitioner. The legislative intent behind incorporating Rule 3(a) under Order XXXIX is to ensure that ex parte interim orders, which are granted without hearing the opposite party, are not allowed to subsist indefinitely without judicial scrutiny. The provision serves a dual purpose: first, it upholds the principles of natural justice by mandating that the other side is heard within a reasonable and defined timeframe; second, it acts as a safeguard against misuse of the court’s injunctive powers, which can often have far-reaching implications on the rights and liberties of the opposite party. 6. Once the learned Trial Judge exercised discretion to grant an ex parte ad-interim injunction, it is incumbent upon the Court to comply strictly with the procedural requirement - 5 - NC: 2025:KHC-D:7233 WP No. 103313 of 2025 laid down under Order XXXIX Rule 3(a) of CPC by deciding the application on merits within thirty days from the date of such order. The failure to do so defeats the very object of the provision and results in the continuation of an injunctive order without proper adjudication, which is impermissible in law. The inaction on the part of the learned Trial Judge, in not disposing of the pending application under Order XXXIX Rules 1 and 2, despite the lapse of more than two years, constitutes a clear contravention of the mandatory procedural safeguard envisaged under the CPC. Therefore, this Court is constrained to intervene and finds it appropriate to issue a writ of mandamus, directing the learned Trial Judge to expeditiously decide the pending application for interim relief under Order XXXIX Rules 1 and 2 of the CPC, in accordance with law and preferably within a stipulated timeframe. 7. Accordingly, this Court proceeds to pass the following: ORDER a) Writ Petition is allowed. - 6 - NC: 2025:KHC-D:7233 WP No. 103313 of 2025 b) Learned Judge shall notify the respondent No.1/Plaintiff and other contesting parties to the application and after hearing both parties, shall decide the application (IA No.1) bearing in mind the principles governing under Order XXXIX Rule 3(a) of CPC. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 4