- 1 - HC-KAR NC: 2025:KHC-D:11575 WP No. 106277 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106277 OF 2025 (GM-CPC) BETWEEN: MR. ABDUL KARIM S/O. LATE MOULA HUSSAIN, AGED ABOUT 36 YEARS, R/AT. 18TH WARD, S.R. NAGAR, HOSPET, VIJAYANAGAR DISTRICT, KARNATAKA-583201. …PETITIONER (BY SRI. PAVAN SAGAR, ADVOCATE) AND: 1. K. SHAMSHULLALHAQ KHAN S/O. FAIZULHAQ KHAN, AGED ABOUT 50 YEARS, NO.6, SHANTHINAGAR 1ST CROSS, 11TH WARD, VIJAYANAGAR COLLEGE ROAD, HOSPET, VIJAYANAGAR DISTRICT, KARNATAKA-583201. 2. Y. ESHWARAMMA W/O. Y.V. MURALI, AGE: 45 YEARS, R/AT. FLAT NO. 508/P2, SAIDEV RESIDENCY, OPP. MUNICIPAL GROUND, HOSPET, VIJAYANAGAR DISTRICT, KARNAKATA-583201. 3. CHATRAPATHI SHIVAJI SONI S/O. GOVARDHAN SONI, AGE: 45 YEARS, R/O. 26TH WARD, OLD MEDAR ROAD, MAIN BAZAAR, HOSPET, VIJAYANAGAR DISTRICT, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11575 WP No. 106277 of 2025 KARNATAKA-583201. …RESPONDENTS (NOTICE TO RESPONDENTS IS DISPENSED WITH) THIS WP IS FILED UNDER ORDER 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (1) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS THEREBY DIRECTING THE LEARNED PRL. SR. CIVIL JUDGE AND JMFC,TO CONSIDER THE APPLICATION IN I.A. NO. 1/2025 FILED UNDER O.XXXIX R. 1 AND 2 READ WITH SEC. 151 OF THE CODE OF CIVIL PROCEDURE, 1908 VIDE ANNEXURE-K SEEKING THE RELIEF OF TEMPORARY INJUNCTION HOSPET IN O.S. NO. 116/2025 EXPEDITIOUSLY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i) Issue a writ, order or direction in the nature of mandamus thereby directing the learned Prl. Sr. Civil Judge and JMFC, to consider the application in I.A. No. 1/2025 filed under O.XXXIX R.1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 vide Annexure-K seeking the relief of temporary injunction Hospet in O.S. No. 116/2025 expeditiously and consequently. ii) Issue such other writ, order or direction as deemed fit in the facts and circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:11575 WP No. 106277 of 2025 2. Notice to the respondents is dispensed with in view of the proposed order to be passed. 3. The petitioner had filed a suit in OS No.116/2025 seeking for specific performance. In the said suit, the petitioner had filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. The Trial Court being of the opinion that no sufficient materials are found to grant exparte temporary injunction, directed issuance of emergent notice and suit summons to the defendants. 4. Subsequently, notices having been issued, one of the defendants has entered appearance and the other defendant is yet to be served. 5. The petitioner is before this Court contending that despite service being effected on one of the defendants, the application has not been taken up for consideration and it is in that background that the aforesaid reliefs have been sought for. - 4 - HC-KAR NC: 2025:KHC-D:11575 WP No. 106277 of 2025 6. Having heard the learned counsel for the petitioner, the Trial Court being satisfied that no material is available to grant an exparte interim order of injunction, had directed issuance of notice. Until the notice is served on all the defendants, the question of taking up the said application would not arise. 7. Hence, reserving liberty to the petitioner to cause service of notice on all the defendants by all modes, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa List No.: 1 Sl No.: 108