- 1 - HC-KAR NC: 2025:KHC:32738 WP No. 25578 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25578 OF 2025 (GM-CPC) BETWEEN: 1. ABHEDYA AERO METAL TREATMENTS A PARTNERSHIP FIRM DULY REGISTERED UNDER THE INDIAN PARNTERSHIP ACT HAVING ITS OFFICE AT NO. 138/1, MB2/1, MARUTHI COMPLEX NEAR RASHI RESIDENCY MAGADI MAIN ROAD MACHOHALLI, BENGALURU – 562 130 REPRESENTED BY ITS PARTNER. 2. SRI JAGADEESHA H. K., S/O KANTHESHAPPA AGED ABOUT 42 YEARS R/AT NO.29, HEBBALLI HOSADURGA TALUK CHITRADURGA – 577 554. 3. SRI N.B.MADHU W/O JAGADEESHA H. K., AGED ABOUT 37 YEARS R/AT NO.29, HEBBALLI HOSADURGA TALUK CHITRADURGA – 577 554. …PETITIONERS (BY SRI SANGAMESHA B., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32738 WP No. 25578 of 2025 AND: 1. M/S. ALCOATS UNIT-1-PLOT NO.242 HEBBAL INDUSTRIAL AREA INCORPORATED UNDER THE PARTNERSHIP ACT MYSORE AND UNIT-2-PLOT NO.38P-1A 3RD PHASE, KOORGALLI INDUSTRIAL AREA MYSORE – 570 018 REPRESENTED BY ITS PARTNER H.K.BAPU RAMESH S/O H.R.BAPU KRISHNAMURTHY AGED ABOUT 73 YEARS. 2. SRI MONOHARA H. R., S/O RAMAKRISHNEGOWDA G. T., AGED ABOUT 40 YEARS R/AT NO.120/E HOSAHALLI VILLAGE RAM TEMPLE ROAD SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 606. 3. SMT. RANJITHA W/O MANOHARA H. R., AGED ABOUT 31 YEARS R/AT NO.120/E HOSAHALLI VILLAGE RAM TEMPLE ROAD SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 606. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE VI - 3 - HC-KAR NC: 2025:KHC:32738 WP No. 25578 of 2025 ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C, MYSURU TO DISPOSE OFF IN VIDE ANNX-E I.A NO. 1 FILED IN M.A NO. 90/2025 FOR STAYING THE ORDER DATED-21/07/2025 PASSED ON I.A NO. 1 IN O.S NO. 662/2025 PENDING BEFORE THE II ADDITIONAL CIVIL JUDGE AND J.M.F.C, MYSURU EXPEDITIOUSLY AT ANY RATE WITHIN A PERIOD OF 15 DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “(a) Issue a writ of mandamus directing the Vi Additional Senior Civil Judge and J.M.F.C., Mysuru to dispose off in vide Annexure-E, I.A.No.1 filed in M.A.No.90/2025 for staying the Order dated: 21.07.2025 passed on I.A.NO.1 in O.S.No.662/2025 pending before the II Additional Civil Judge and J.M.F.C., Mysuru expeditiously at any rate within a period of 15 days. (b) Issue such other order or direction as this Hon’ble Court deems fit and proper under the circumstances of the case.” 2. The petitioner is the defendant in O.S.No.662/2025. An order of temporary injunction is granted in favour of the plaintiff answering an application – I.A.1 filed under Order XXXIII Rules 1 and 2 of the CPC, on 21.07.2025. The present - 4 - HC-KAR NC: 2025:KHC:32738 WP No. 25578 of 2025 petitioner – defendant challenges the temporary injunction by preferring an appeal before the first appellate Court in M.A.No.90/2025 along with an application – I.A.No.1 seeking stay of the order dated 21.07.2025. What has driven the petitioner to this Court is non-consideration of the application – I.A.No.1 seeking stay of the order of injunction dated 21.07.2025. 3. In the light of the facts of the case at hand, without issuing notice to the respondents, I deem it appropriate to direct the first appellate Court to consider the application – I.A.No.1 filed in M.A.No.90/2025 seeking stay, as expeditiously as possible at any rate, within a period of four weeks from the date of receipt of a copy of the order. 4. With the aforesaid direction, writ petition stands allowed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 2 Sl No.: 23 CT:SS