- 1 - HC-KAR NC: 2025:KHC:35454 WP No. 24892 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24892 OF 2025 (GM-CPC) BETWEEN: 1. MALKA IRANI AGED ABOUT 45 YEARS WIFE OF MR. BEHRAM IRANI VILLA G-44-A BRIGADE ATMOSPHERE VIJAYAPURA MAIN ROAD DEVANAHALLI TOWN BENGALURU DISTRICT KARNATAKA – 562 110 INDIA. 2. BEHRAM JAMSHED IRANI AGED ABOUT 57 YEARS SON OF MR. JAMSHED IRANI VILLA G-44-A BRIGADE ATMOSPHERE VIJAYAPURA MAIN ROAD DEVANAHALLI TOWN BENGALURU DISTRICT KARNATAKA – 562 110 INDIA. …PETITIONERS (BY SRI NITIN PRASAD, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35454 WP No. 24892 of 2025 AND: BRIGADE ENTERPRISES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 BEARING CIN: L85110KA1995PLC019126 AND HAVING ITS REGISTERED OFFICE AT 29TH AND 30TH FLOORS WORLD TRADE CENTRE, NO.26/1 DR.RAJKUMAR ROAD MALLESHWARAM, RAJAJI NAGAR BENGALURU, KARNATAKA – 560 055 INDIA REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. UDAYA KUMAR A., …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.07.2025 PASSED BY THE TRIAL COURT IN O.S. NO.890/2022 (ANNEXURE-A), TO THE EXTENT THAT THE SUIT IS POSTED FOR PLAINTIFF'S EVIDENCE; DIRECT THE TRIAL COURT TO CONSIDER I.A. NOS.1 AND 2 (ANNEXURES-C AND D) EXPEDITIOUSLY AND WITHIN SUCH TIMEFRAME AS THIS HON’BLE COURT MAY DIRECT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35454 WP No. 24892 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – defendants are before this Court seeking the following prayer: “(a) Set aside the Order dated 23.07.2025 passed by the Trial Court in O.S. No.890/2022 (Annexure-A), to the extent that the suit is posted for Plaintiff's evidence; (b) Direct the Trial Court to consider I.A. Nos.1 and 2 (Annexures-C and D) expeditiously and within such timeframe as this Hon'ble Court may direct; (c) Award cost of the proceedings to the Petitioners; and, (d) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case and in the interests of justice and equity.” 2. Petitioners are defendants in O.S.No.890/2022. An order of temporary injunction comes to be granted in favour of the respondent - plaintiff in the year 2022, pending consideration of I.A.Nos.1 and 2 filed by the respondent – plaintiff, under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC. The interim order is said to be extended from time to time. - 4 - HC-KAR NC: 2025:KHC:35454 WP No. 24892 of 2025 3. Learned counsel appearing for the petitioners would submit that despite passage of 2 years, applications filed by the plaintiff in I.A.Nos.1 and 2 are not considered, but temporary injunction is granted at the outset of institution of the suit. 4. In the light of the said submissions, I deem it appropriate to direct the concerned Court to dispose the applications - I.A.Nos.1 and 2 filed by the respondent – plaintiff, both under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC within an outer limit of four weeks from the date of receipt of a copy of the order, if not already disposed. 5. With the aforesaid direction, the writ petition is allowed. The impugned order dated 23.07.2025 stands quashed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 69 CT:SS