- 1 - HC-KAR NC: 2025:KHC:38615 MFA No. 7178 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.7178 OF 2025 (CPC) BETWEEN: 1. MR. RAVI N. SHANKAR S/O NATESH IYER AGED ABOUT 69 YEARS NO.38, STERLING HEIGHTS, SUIT 201, 9TH CROSS, 11TH MAIN, MALLESHWARAM, BENGALURU-560 003. 2. MRS. LATHA R. SHANKAR W/O RAVI N. SHANKAR AGED ABOUT 59 YEARS NO.38, STERLING HEIGHTS, SUIT 201, 9TH CROSS, 11TH MAIN, MALLESHWARAM, BENGALURU-560 003. …APPELLANTS (BY SRI. NITIN A.M., ADVOCATE) AND: 1. SMT. S. ANITHA W/O. N. SREENIVAS AGED ABOUT 55 YEARS R/A 208, 2ND MAIN, MAHALAKSHMI LAYOUT, BENGALURU-560 086. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38615 MFA No. 7178 of 2025 2. N. SREENIVAS, S/O NARAYAN SHETTY NO.43/1, TUMKUR ROAD YESHWANTPUR, BENGALURU – 560022. 3. VAISHNAVI INFRASTRUCTURE CORRIDOR ENTERPRISES PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, NO.43/1, TUMKUR ROAD, YESHWANTHPUR, BENGALURU- 560022. REPRESENTED BY ITS MANAGING DIRECTOR. 4. M/S TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD., O/A NO.33, HMT MAIN ROAD, GOKULA 1ST STAGE, NANJAPPA REDDY COLONY, MATHIKERE, BENGALURU – 560 054 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 10.09.2025 PASSED ON 1/2025 IN O.S.NO. 6421/2025 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-7), ISSUING SUIT SUMMONS ON I.A.NO. 1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 3 - HC-KAR NC: 2025:KHC:38615 MFA No. 7178 of 2025 ORAL JUDGMENT The defendants have filed this appeal questioning the exparte order of temporary injunction granted on 10.09.2025 passed on I.A.No.1/2025 filed under Order XXXIX Rules 1 and 2 of CPC in O.S.No.6421/2025 by XXII Addl. City Civil & Sessions Judge, Bengaluru. 2. The order under challenge is an exparte order of temporary injunction. To this, the defendants have filed an application under Order XXXIX Rule 4 of CPC and it is yet to be considered. The next date given is 10.11.2025. 3. Therefore, the trial Court is directed to dispose of all the applications filed under Order XXXIX Rules 1 and 2 of CPC; Order XXXIX Rule 4 of CPC and the application filed under Order VII Rule 11 of CPC simultaneously together and pass appropriate orders without keeping the applications pending and shall dispose of all the - 4 - HC-KAR NC: 2025:KHC:38615 MFA No. 7178 of 2025 applications within a period of three weeks from the date of receipt of copy of this order in accordance with law. With these observations, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 25