- 1 - HC-KAR NC: 2025:KHC:42700 WP No. 23565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 23565 OF 2025 (GM-CPC) BETWEEN: 1. SRI CHANAPPA S/O. LATE DYAVAPPA, AGED ABOUT 79 YEARS THE NAME OF PETITIONER NO. 1 IS SRI. CHENNAPPA BUT IS SHOWN AS SRI. CHANNAPPA AS INDICATED IN O.S. NO. 2487/2025 2. SRI. DEVARAJ, S/O. CHANNAPPA, AGED ABOUT 42 YEARS 3. SRI. KUMAR, S/O. CHANNAPPA, AGED ABOUT 45 YEARS ALL ARE RESIDING AT NO. 1238, VIDYASAGARA, (SARAIPALYA) THANISANDRA MAIN ROAD, SRK POST, BENGALURU, KARNATAKA - 560 077. …PETITIONERS (BY SRI. SANDESH C.R, ADVOCATE) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42700 WP No. 23565 of 2025 AND: SRI. H.R. VENKATESHAPPA @ H.R. VENKATESH S/O. RAMAIAH, AGED ABOUT 66 YEARS, RESIDING AT NO. 169, 2ND MAIN ROAD, 9TH CROSS, THIGALARAPALYA, HOODI VILLAGE, MAHADEVAPURA, BENGALURU NORTH TALUK, KARNATAKA - 560 048. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE ENTIRE RECORDS IN O.S. NO. 2487/2025 PENDING CONSIDERATION ON THE FILE OF HON'BLE COURT OF XXXVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-39) VIDE ANNEXURE - A2 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner. 2. Learned counsel for the petitioners has filed this petition seeking a writ of certiorari to quash the impugned order dated 07.04.2025 passed on IA Nos. 2 and 3 before - 3 - HC-KAR NC: 2025:KHC:42700 WP No. 23565 of 2025 the 38th Additional City Civil Sessions Judge at Bengaluru (CCH 39), in O.S.No. 2487/2025. 3. During the course of arguments, learned counsel restricts his prayer for a direction to the learned trial judge to dispose of the applications in IA Nos. 2 and 3 and forgoes his prayer for quashment of the order. The same is accepted. 4. This Court does not find the need or necessity to issue notice to the respondent as no adverse order is sought and neither any order is passed by this Court against the respondent-plaintiff. 5. Petitioners are the defendants before the trial Court in Original Suit in O.S.No. 2487/2025, which came to be filed by the respondent-plaintiff for permanent injunction. During the course of the suit proceedings, an interim order came to be passed ordering status quo to be maintained with regard to suit schedule properties on IA - 4 - HC-KAR NC: 2025:KHC:42700 WP No. 23565 of 2025 Nos. 2 and 3. Thereafter the matter has not proceeded further, which was an ad interim ex parte order. 6. It is submitted by learned counsel for the petitioners that the suit filed by the respondent-plaintiff is for the relief of permanent injunction. But during the course of the suit proceedings, the plaintiff has died. The LRs are brought on record. It appears that the LRs of the plaintiff have filed an application to amend the plaint by incorporating the relief of seeking restoration of possession and declaration from the defendants. 7. It is the contention of learned counsel for the petitioners that they are in possession of the suit scheduled property, which is a residential site. In view of the death of plaintiff, it is contented that the permanent injunction suit filed would not survive for consideration any more, neither would the application filed for seeking amendment for restoration of possession which runs contrary to the plaint relief sought in the permanent injunction suit. - 5 - HC-KAR NC: 2025:KHC:42700 WP No. 23565 of 2025 8. Be that as it may. When an ad interim order of temporary injunction or status quo is passed by the trial Court under the application filed under Order 39 Rules 1 and 2 of CPC, 1908, it becomes the duty and obligation of the trial Court to dispose of the application within a period of 30 days as contemplated under Order 39 Rule 3A of CPC, 1908 which has not been done though the suit was instituted initially in the month of April, 2025 and we are at the fag end of the year and despite which, no order is passed on the applications. Therefore, this Court deems it appropriate to direct the trial Court to dispose of the applications. 9. Accordingly, I pass the following ORDER i) Petition is Partly allowed. ii) A direction is issued to the Learned 38th Additional City Civil Sessions Judge, Bengaluru (CCH 39) in O.S.No. 2487/2025 to dispose of IA Nos. 2 and 3 filed under Order - 6 - HC-KAR NC: 2025:KHC:42700 WP No. 23565 of 2025 39 Rules 1 and 2 of CPC, 1908 within a period of 2 weeks from the date of receipt of copy of the order. iii) All parties to cooperate with the court. iv) It is made clear that this Court has not expressed any opinion on the merits of the application or the suit. Sd/- (PRADEEP SINGH YERUR) JUDGE BSV List No.: 1 Sl No.: 11 CT: BHK