- 1 - HC-KAR NC: 2025:KHC:28092 WP No. 27844 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 27844 OF 2019 (GM-CPC) BETWEEN: GURPREET WALIA AGED ABOUT 56 YEARS W/O LATE LALIT LAMBA RESIDING AT :1B SCOTSDALE APARTMENTS HAINES ROAD FRAZER TOWN BANGALORE-560005 …PETITIONER (BY SMT. NANDINI A, ADVOCATE FOR SRI. CHANDRAKANTH PATIL K, ADVOCATE) AND: 1. SHAKTI LAMBA AGED ABOUT 37 YEARS D/O LATE LALIT LAMBA PERMANENT ADDRESS:B184 THE ICON DLF PHASE 5 GURGAON 222002 HARYANA 2. KARAM VIR LAMBA AGED ABOUT 30 YEARS S/O LATE LALIT LAMBA PERMANENT ADDRESS:B184 THE ICON DLF PHASE 5 GURGAON 222002 HARYANA 3. CONSORTIUM SECURITIES LIMITED REGISTERED ADDRESS 36 SANT NAGAR EAST OF KAILASH NEW DELHI-10 065 Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:28092 WP No. 27844 of 2019 CORPORATE ADDRESS 3RDE FLOOR PLOT NO.274 SHAHEED CAPT. GAUR MARG SRINIWAS PURI NEW DELHI-110 065 4. KOTAK SECURITIES LIMITED 8TH FLOOR KOTAK TOWERS BLDG NO.21 INFINITY PARK OOF WESTERN EXPRESS HIGHWAY GENERAL AK VAIDYA MARG MALAD (E) MUMBAI-400097 5. KOTAK MAHINDRA BANK LTD. GROUND FLOOR I G ROAD CHIKMAGALURU 6. HDFC BANK FIRST INDIA PLACE M G ROAD GURGAON 7. HDFC BANK BALAJI VENTURE 1ST FLOOR SANGEETHA MOBILE STORES MG ROAD CHIKAMAGALUR-577 101 8. INDIAN OVERSEAS BANK DLF QUTUB ENCLAVE GURGAON BRANCH DM 15 DAKSHINMARG DLF PHASE II GURGAON 122002 - 3 - HC-KAR NC: 2025:KHC:28092 WP No. 27844 of 2019 9. CITIBANK NA GROUND FLOOR INTL TRADE TOWER NEHRU PLACE NEW DELHI …RESPONDENTS (BY SRI. SHEETAL SONI, ADVOCATE FOR R1 AND R2; SRI. JETHIN DAS K.P, ADVOCATE FOR SRI. JIDESH KUMAR M.D, ADVOCATE FOR R9; R3, R4, R6, R7 ARE SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED 23.06.2025, NOTICE TO R5 AND R8 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 28.6.2019 PASSED BY THE XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE IN P & SC 283/2019 VIDE ANNEXURE-A WHEREIN THE TRIAL COURT HAS ISSUED EMERGENT NOTICE ON IA AND FIXING THE LONG DATE WITHOUT GRANTING AN EX-PARTE INTERIM TEMPORARY INJUNCTION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed by the petitioner seeking for the following relief: "WHEEFORE, the Petitioners pray that this Hon'ble Court may be pleased to: (1) Set aside the order dated 28.06.2019 passed by the XXV Additional City Civil and Sessions Judge at Bangalore in P & SC 283/2019 vide Annexure-A wherein the Trial court has issued emergent notice on IA and fixing the long date - 4 - HC-KAR NC: 2025:KHC:28092 WP No. 27844 of 2019 without granting an ex-parte interim temporary injunction; and (ii) Grant an order of temporary injunction restraining the Respondent No. 1 and 2 from withdrawing or transferring all money/share standing in the name of the deceased and restraining Respondent No. 3 to 9 from Disbursing the said amounts/shares pending disposal of I A No. 1 filed under Order 39 Rule 1 and 2 read with Section 151 in P &SC 283/2019 in the interest of justice and equity; and (ii) Pass such other and further orders as this Hon'ble Court deems fit in the circumstances, in the interest of justice." 2. Smt. Nandini A., learned counsel appearing for the petitioner submits that the petitioner has filed the petition under Sections 371 and 372 of the Indian Succession Act, 1925 (for short 'Act of 1925') seeking to grant Succession Certificate. Along with the said petition, the petitioner has filed an application for temporary injunction. However, the Trial Court without considering the urgency, only issued notice to respondents and deferred the consideration of the application. Being aggrieved, the petitioner has filed this petition and this Court considered the urgency and protected the interest of the - 5 - HC-KAR NC: 2025:KHC:28092 WP No. 27844 of 2019 petitioner by granting an interim order. Hence, he seeks to continue the interim order granted by this Court till disposal of the proceedings before the Trial Court. 3. Per contra, Sri. Sheetal Soni, learned counsel for respondents supports the impugned order of the Trial Court and submits that the writ petition is premature and is required to be rejected as the Trial Court has not rejected the application filed by the petitioner for temporary injunction. Before considering the application, they have rushed to this Court. Hence, he seeks to dismiss the writ petition by directing the Trial Court to consider the pending application. 4. I have heard the arguments of the learned counsel for the petitioner, learned counsel for respondents and meticulously perused the material available on record. I have given my anxious consideration on the submission advanced. 5. The pleading and material on record indicate that the petitioner has filed P and SC.No.283/2019 under Sections 371 and 372 of the Act of 1925 seeking for grant of Succession Certificate. Along with the said petition, the petitioner also filed an application under Order XXXIX Rules 1 and 2 r/w Section 151 of the Code of Civil Procedure, 1908 seeking temporary - 6 - HC-KAR NC: 2025:KHC:28092 WP No. 27844 of 2019 injunction against respondents. The Trial Court under the impugned order, issued notice to respondents on the application as well as on the petition. For non-consideration of the interim relief, the petitioner knocked the doors of this Court and this Court granted an interim order on 11.07.2019, which reads as under: "Issue emergent notice. Interim order in terms of interim prayer is granted till next date of hearing." 6. It is submitted at the bar that, now the matter is posted for trial and proceedings are at the advanced stage. 7. Considering the said submission and taking note of the relief sought, I am of the considered view that the interest of justice would be met, if the interim order granted by this Court on 11.07.2019 is continued till disposal of the proceedings before the Trial Court. Hence, I proceed to following: - 7 - HC-KAR NC: 2025:KHC:28092 WP No. 27844 of 2019 ORDER i) The writ petition is allowed. ii) The interim order granted by this Court on 11.07.2019 is continued till disposal of the proceedings before the Trial Court in P and SC.No.283/2019. No orders as to cost. Sd/- (VIJAYKUMAR A. PATIL) JUDGE PHM List No.: 1 Sl No.: 11 CT: BHK