- 1 - HC-KAR NC: 2025:KHC:31741 WP No. 17975 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17975 OF 2024 (GM-CPC) BETWEEN: SRI. VINOD N S/O NARASIMHAIAH AGED ABOUT 31 YEARS, R/AT NO.1/137 1ST MAIN, 6TH CROSS, SINGAPURA LAYOUT VIDYARANYAPURA, BANGALORE NORTH TALUK BANGALORE URBAN DISTRICT - 560 097 …PETITIONER (BY SRI. SHIVAKUMAR V., ADVOCATE) AND: 1. SMT. SIDDAMMA W/O LATE CHINNAPPA AGED ABOUT 75 YEARS, 2. SRI. NARASIMHAIAH S/O LATE CHINNAPPA AGED ABOUT 54 YEARS, RESPONDENT NOS.1 AND 2 ARE R/AT NO.9, SINGAPURA LAYOUT VIDYARANYAPURA, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT - 560 097. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31741 WP No. 17975 of 2024 3. SRI. H.N. HARSHITH S/O H.G. NARAYANASWAMY AGED ABOUT 45 YEARS, R/AT NO.33/3, WARD NO.77, 7TH BLOCK, WARD NO.77, 7TH BLOCK, SRI M. VISWESWARAIAH LAYOUT, DODDANNA CIRCLE, VISHWANEEDUM POST MUDDUNPALYA, BANGALORE - 560 023. 4. SRI. B RAMESH CHAND S/O LATE BHADRILAL AGED ABOUT 65 YEARS R/AT NO.E-706, ETA APARTMENT, MAGADI ROAD, BANGALORE - 560 023. 5. SRI. HUCHEGOWDA S/O LATE MARIGOWDA AGED ABOUT 71 YEARS, R/AT NO.322, BEML LAYOUT, BASAVESHWARANAGAR BENGALURU - 560 079. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDERS DTD 11.06.2024 PASSED BY THE HONBLE 2ND ADDL SENIOR CIVIL JUDGE AND JMFC NELAMANGALA REFUSING TO GRANT EX PARTE AD INTERIM ORDER OF TEMPORARY INJUNCTION ON IA NO. 1 FIELD BY THE PETITIONER/PLAINTIFF UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC IN OS NO. 493/2024 VIDE ANNX-A AND FURTHER BE PLEASED TO GRANT AN INTERIM ORDER AS - 3 - HC-KAR NC: 2025:KHC:31741 WP No. 17975 of 2024 PRAYED FOR IN IA NO. 1 FILED IN THE ORIGINAL SUIT BY ALLOWING THE ABOVE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri. Shivakumar V., learned counsel appearing for the petitioner and have perused the material on record. 2. The petitioner is before this Court calling in question an order dated 11.06.2024 passed in O.S.No.493/2024, whereby the concerned Court refuses to grant a temporary injunction under Order XXXIX Rules 1 and 2 of the CPC. The stage at which the petitioner presented the petition 14 months ago was that the defendants were not yet represented and concerned Court ought to have granted an order in their favour. Today, the defendants are represented. 3. In that light, I deem it appropriate to dispose the petition and direct the concerned Court to hear the parties and - 4 - HC-KAR NC: 2025:KHC:31741 WP No. 17975 of 2024 pass necessary orders, in accordance with law, answering the application filed by the petitioner under Order XXXIX Rules 1 and 2 of the CPC within an outer limit of four (4) weeks. 4. All the contentions urged in the subject petition are kept open to be urged before the concerned Court at the appropriate time. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 20 CT: BHK