- 1 - HC-KAR NC: 2025:KHC:34011 WP No. 23668 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 23668 OF 2025 (GM-CPC) BEWEEN: VINAYA B. N., D/O LATE B.A.NARAYANA REDDY, W/O SANTHOSH BALASUBRAMANYA, AGED ABOUT 31 YEARS, R/AT NO.422, 5TH CROSS, 3RD ‘B’ MAIN, 3RD BLOCK, KALYAN NAGAR, BENGALURU – 560 043. …PETITIONER (BY SRI. NAUSHAD A.K., ADVOCATE) AND: 1. CHANDRIKA D.REDDY, W/O LATE H.K.DWARAKANATH REDDY, AGED ABOUT 63 YEARS, R/AT NO.708-709, ‘B’ BLOCK, KEERTHI SIGNATURE APARTMENTS, ITPL MAIN ROAD, HOODI, WHITEFILED, BENGALURU – 560 048. 2. HARSHITA DWARAK, W/O K.V.KARTHIK REDDY, D/O LATE DWARAKANATH REDDY, AGED ABOUT 38 YEARS, R/AT NO.703, ‘B’ BLOCK, KEERTHI SIGNATURE APARTMENTS, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34011 WP No. 23668 of 2025 ITPL MAIN ROAD, HOODI, WHITEFIELD, BENGALURU – 560 048. 3. H.K.BRUNDA DEVI, D/O LATE H.P.KRISHNA REDDY, AGED ABOUT 67 YEARS, RESIDING AT NO.188, 1ST MAIN, MAHALAXMI LAYOUT, BENGALURU – 560 086. 4. H.K.CHANCHALA DEVI, D/O LATE H.P.KRISHNA REDDY, AGED ABOUT 65 YEARS, R/AT NO.420/422, III BLOCK, HRBR LAYOUT, KALYAN NAGAR, BENAGALURU – 560 084. 5. JAYANT VENKATESH, S/O LATE H.K.VENUGOPAL REDDY, AGED ABOUT 40 YEARS, RESIDING AT NO.F8, SAI GOKUL, 16TH MAIN, 30TH CROSS, JAYANAGAR 4TH BLOCK, BENGALURU – 560 041. ALSO RESIDING AT NO. 230/1, GARDEN HOUSE, HOODI, RAJPALYA, WHITEFIELD MAIN ROAD, BENGALURU – 560 048. 6. MINU VENUGOPALA REDDY, D/O LATE H.K.VENUGOPAL REDDY, AGED ABOUT 36 YEARS, RESIDING AT NO.F8, SAI GOKUL 16TH MAIN, 30TH CROSS, JAYANAGAR 4TH BLOCK, - 3 - HC-KAR NC: 2025:KHC:34011 WP No. 23668 of 2025 BENGALURU – 560 041. ALSO RESIDING AT. NO.9, COUNTRY CADLE LANE, NORTH BOROUGH, MASSACHUSETTS, USA – 01532. 7. K.HARINDRANATH, S/O LATE H.P.KRISHNA REDDY, AGED ABOUT 71 YEARS, R/AT NO.2AC, 712, 2ND CROSS, HRBR LAYOUT, 1ST BLOCK, KALYAN NAGAR, BENGALURU – 560 043. 8. B.BHASKAR NAIDU, S/O SRI. B.SURYANARAYANA, AGED ABOUT 54 YEARS, R/AT 1040, 10TH MAIN ROAD, JUDICIAL LAYOUT, GKVK POST, YELAHANKA, BENGALURU – 560 065. …RESPONDENTS (BY G.L.VISHWANATH, SENIOR COUNSEL FOR MISS. NIDHI M.PATIL, ADVOCATE FOR C/R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS BEFORE THE HON'BLE LXXXVII ADDL. CITY CIVIL AND SESSIONS JUDGE, CCH-74 BENGLAURU IN OS NO.25648/2025 AND SET ASIDE THE ORDER DATED 05.07.2025 IN OS.NO.25648/2025 ON IA NO. 1 (ANNEXURE - A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:34011 WP No. 23668 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court seeking the following prayers: "(a) To call for the records before the Hon'ble LXXXVII Addl. City Civil and Sessions Judge, CCH-74, Bengaluru in OS No.25648/2025 and set aside the order dated 05.07.2025 in OS No.25648/2025 on IA No.1 (Annexure-A). (b) Grant an interim order against the respondents not to dispossess the petitioner from the schedule property until the disposal of the suit. (c) To pass any other order that this Hon'ble Court may deem fit under the circumstances of this case in the interest of justice and equity." 2. Heard Sri.Naushad A.K., learned counsel appearing for the petitioner, Sri.G.L.Vishwanath, learned Senior Counsel representing the respondent Nos.1 and 2 and have placed the material on record. 3. The petitioner is the plaintiff, institutes a suit in O.S.No.25648/2025 seeking declaration and injunction. The concerned Court does not answer the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, - 5 - HC-KAR NC: 2025:KHC:34011 WP No. 23668 of 2025 keeps it pending and issues emergent notice to the respondents. It is therefore the petitioner is before this Court seeking an injunction which was not considered by the concerned Court. Since the parties are now represented, I deem it appropriate to dispose of the subject petition directing the concerned Court to consider the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, with an outer limit of six weeks from the date of receipt of the copy of the order, if not earlier. Ordered accordingly and Writ Petition is disposed. All contentions of the parties shall remain open to be urged before the concerned Court. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 50