- 1 - HC-KAR NC: 2025:KHC:29065 WP No. 20308 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20308 OF 2025 (GM-CPC) BETWEEN: 1. SMT. H. GIRIJAMBA, W/O. LATE RAMAPRASADA, D/O. LATE H. NANJUNDAIAH, AGED ABOUT 66 YEARS, RESIDING AT NO. 283, 1ST FLOOR, 3RD AVENUE, 3RD MAIN, TEACHERS' COLONY, KORAMANGALA 3RD BLOCK EAST, BANGALORE-560 034 2. SMT. H N SAVITHRAMMA ALIAS SUNDARAMMA W/O. LATE M.S. SUBBA RAO, D/O. LATE H. NANJUNDAIAH, AGED ABOUT 74 YEARS, RESIDING AT NO. 283, 2ND FLOOR, 3RD AVENUE, 3RD MAIN, TEACHERS' COLONY, KORAMANGALA, 3RD BLOCK EAST, BANGALORE -560 034 3. SMT. H.N. SAROJAMMA, W/O. SRI. KRISHNAMURTHY, D/O. LATE H. NANJUNDAIAH, AGED ABOUT 72 YEARS, RESIDENT OF GANDHI CIRCLE, VARATHUR, BANGALORE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29065 WP No. 20308 of 2025 4. SMT. K.G SHYLAJA D/O LATE H.N VIJAYAMBA, AGED ABOUT 63 YEARS 5. SRI. K.G. SURESH, S/O LATE H. N VIJAYAMBA AGED ABOUT 62 YEARS 6. SMT. K. G. SHASHIKALA, D/O LATE H. N VIJAYAMBA, AGED ABOUT 52 YEARS 7. SMT. D.C. PREMALATHA W/O K.G. BALASUBRAMANYAM, AGED ABOUT 52 YEARS PETITIONER NOS.4 TO 7 ARE R/AT NO. 283, 1ST FLOOR, 3RD AVENUE, 3RD MAIN ROAD, TEACHERS COLONY, KORAMANGALA, 3RD BLOCK EAST, BENGALURU 560 034 8. SMT. MANJULA W/O. PARASHURAMA MURTHY, D/O. LATE H. NANJUNDAIAH, AGED ABOUT 55 YEARS, C/O. MR. H.N. PUTTANNA, NO. 7/21, 1ST FLOOR, 4TH CROSS, 5TH MAIN, BEHIND BSV TEMPLE, BSK 3RD STAGE, HOSAKEREHALLI, BANGALORE 560 085 …PETITIONERS (BY SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. UMA SHANKAR L., ADVOCATE) AND: 1. SMT. SUBBALAKSHMI - 3 - HC-KAR NC: 2025:KHC:29065 WP No. 20308 of 2025 W/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 75 YEARS 2. SMT. M.S. SUJATHA W/O. SRI. SUNDAR, D/O. LATE SRI. MUNISONNAPPA AGED ABOUT 55 YEARS 3. SRI. VIJAYENDRA KUMAR L.M. S/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 53 YEARS 4. SRI. LOKESH L.M. S/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 47 YEARS, R/AT NO.47, TUKE GROVE, UNITED KINGDOM, WF1 4SL. REPRESENTED BY HIS GPA HOLDER SRI. VIJAYENDRA KUMAR L.M 5. SRI. PRADEEP KUMAR L.M. S/O. LATE SRI. MUNISONNAPPA, AGED ABOUT 48 YEARS RESPONDENT NOS.1 TO 3 AND 5 ARE R/OF. LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU 562 114 6. SMT. SHANTHA W/O. LATE H. NAGABHUSHAN RAO, AGED ABOUT 79 YEARS 7. SRI. H.N. SHIVAKUMAR S/O. SRI. H. NAGABHUSHAN RAO, AGED ABOUT 57 YEARS 8. SRI. CHANDRASHEKAR, S/O. SRI. H. NAGABHUSHAN RAO, AGED ABOUT 53 YEARS - 4 - HC-KAR NC: 2025:KHC:29065 WP No. 20308 of 2025 9. SRI. H.N. PUTTANNA S/O. LATE H. NANJUNDAIAH, AGED ABOUT 63 YEARS 10. SRI. H.N. SRIKANTA S/O. LATE H. NANJUNDAIAH, AGED ABOUT 67 YEARS RESPONDENT NOS.6 TO 10 ARE R/AT. NO.7/21, M1ST CROSS, 4TH CROSS, 5TH MAIN, BEHIND BSV TEMPLE, BSK 3RD STAGE, HOSAKEREHALLI BENGALURU 560 085 11. SRI. R. MUNISHAMAPPA S/O. LATE SRI. MUNISHAMAPPA, AGED ABOUT 60 YEARS, R/A. PALANAHALLI THOTA, MARUTHI NAGAR, YELAHANKA, BENGALURU NORTH TALUK, BENGALURU 560 064 12. SRI. B. R. NARTHAN S/O B.N. RAMACHANDRA, AGED ABOUT 34 YEARS, R/ AT 153, MATHADAGUDDA ESTATE, BELAGODU VILLAGE AND HOBLI, UDAYAWARA POST, SAKALESHPURA TALUK, HASSAN DISTRICT, PRESENTLY RESIDING AT NO.38, 8TH MAIN, 7TH CROSS, HMT LAYOUT, RT NAGAR, BENGALURU -560032 13. SRI PAUL ANTONY S/O ANTONY PAUL AGED ABOUT 33 YEARS - 5 - HC-KAR NC: 2025:KHC:29065 WP No. 20308 of 2025 R/AT NO.C-32, SHOBHA IVORY ST. JOHN'S ROAD BENGALURU 560 042 14. SRI B.K. NARAYANASWAMY S/O KRISHNAPPA AGED ABOUT 43 YEARS R/AT NO.10, NANDAGOKULA NILAYA S. BACHCHANALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 …RESPONDENTS (BY SRI. CHANDRASHEKAR PATIL, ADVOCATE FOR C/R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DATED 02/06/2025 AT ANNEXURE-A REFUSING TO CONSIDERING THE IA NO.3 TO VACATE THE EXPARTE INTERIM ORDER ON IA NO.1 AND 2 FILED BY THE RESPONDENT NO.1 TO 5 IN O.S NO. 290/2024 PENDING ON THE FILES OF THE BEFORE THE II ADDL. CIVIL JUDGE AND JMFC AT DEVANAHALLI, BENGALURU RURAL, AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:29065 WP No. 20308 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "a) Issue the writ of certiorari by setting aside the impugned order dated 02/06/2025 at Annexure-A refusing to considering the IA No.3 to vacate the exparte interim order on IA No.1 and 2 filed by the Respondent no.1 to 5 in O.S No.290/2024 pending on the files of the before the II Addl. Civil Judge and JMFC at Devanahalli, Bengaluru Rural. b) Grant the an order of stay the exparte interim order dated 27/07/2024 under Order 39 Rule 1 and 2 R/W Section 151 of CPC on IA No.1 and 2 at Annexure- B and C filed by the Respondent No.1 to 5 before the II Addl. Civil Judge and JMFC at Devanahalli, Bengaluru Rural. c) Direct the Trial Court to consider the IA No.3/2025 at ANNEXURE-D on merits of the case within 30 days pending on the files of the II Addl. Civil Judge and JMFC at Devanahalli, Bengaluru Rural. d) Issue any other appropriate writ, order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 2. Heard Sri. Jayakumar S. Patil, learned Senior counsel appearing for the petitioners, Sri. Chandrashekar Patil, - 7 - HC-KAR NC: 2025:KHC:29065 WP No. 20308 of 2025 learned counsel appearing for caveator/respondent No.3 and have perused the material on record. 3. The petitioners are the defendants Nos.6 to 13. An ex-parte temporary injunction is granted in the suit instituted by the respondents-plaintiffs. An application is preferred by these defendants under Order XXXIX Rule 4 of the CPC seeking vacation of the interim order. 4. It transpires that the concerned Court for the last one year has only adjourned the matter and not considered the application seeking vacation of the interim order as filed by the defendants. 5. Learned counsel appearing for the respondents- plaintiffs submits that the other defendants are to be served in the matter, as injunction is sought against all the defendants. 6. In the light of the application pending for the last 12 months before the concerned Court, I deem it appropriate to direct the concerned Court to dispose the - 8 - HC-KAR NC: 2025:KHC:29065 WP No. 20308 of 2025 application in accordance with law within an outer limit of three (3) weeks from today. With the aforesaid observation, the petition stands disposed. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 83