- 1 - HC-KAR NC: 2025:KHC:34586 WP No. 15035 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15035 OF 2025 (GM-CPC) BETWEEN: H.S.BHOJYA NAIK S/O SEETHYA NAIK, AGED ABOUT 58 YEARS, R/O. BANJARA HAVELI, PALYA ROAD, BEHIND SAHYADRI COLLEGE, BALAJI LAYOUT, VIDYANAGAR, SHIVAMOGGA – 577 203. …PETITIONER (BY SRI H.S.SANTHOSH, ADVOCATE) AND: JITHENDRA PRATAP SINGH S/O RAMPAL VERMA, AGED ABOUT 46 YEARS, R/O NO. 568, K.H.A /502 GIRAPALLI, ALAMBAGH, LUCKNOW – 226 005. …RESPONDENT (BY SRI PRUTHVI WODEYAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING OF THE IMPUGNED ORDER DTD 08.05.2025 PASSED BY THE COURT ON Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34586 WP No. 15035 of 2025 08.05.2025 OF THE PRINCIPAL DIST. AND SESSION JUDGE SHIVAMOGA IN OS NO. 2/2025 ON IA NO. 2 VIDE ANNX-Q AND QUASH THE IMPUGNED ORDER DTD 08.05.2025 PASED BY THE COURT OF THE PRINCIPAL DIST. AND SESSION JUDGE SHIVAMOGA IN OS NO.2/2025 AND IA NO. 2 VIDE ANNEXURE- Q AND CONSEQUENTLY ALLOW THE APPLICATION IA NO. 2 FILED BY THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following reliefs: “(a) Call for records which ultimately resulted in passing of the impugned order dated 08-05- 2025 passed by the Court on 08.05.2025 of the Principal District & Sessions Judge, Shivamoga in V.O.S.No. 2/2025 on I.A. No. 2, vide Annexure 'Q'; and (b) Issue writ in the nature of certiorari to quash the impugned order dated 08-05-2025 passed by the Court of the Principal District & Sessions Judge, Shimoga in V.O.S No. 2/2025 on I.A. No. 2, vide Annexure 'Q'; and consequently allow the application I.A No.2 filed by the petitioner; - 3 - HC-KAR NC: 2025:KHC:34586 WP No. 15035 of 2025 (c) Pass such other orders as may be deemed appropriate under the circumstances of the case, in the ends of justice and equity.” 2. The petitioner/plaintiff institutes a suit in O.S.No.2 of 2025 seeking the relief of declaration and injunction. He is at the doors of this Court on the circumstance that the concerned Court does not grant an ex parte temporary injunction as prayed for, while answering an application filed under Order 39 Rule 1 and 2 of the CPC. 3. Heard Sri H S Santhosh, learned counsel appearing for the petitioner and Sri Pruthvi Wodeyar, learned counsel appearing for the respondent. 4. The co-ordinate bench of this Court had protected the interest of the petitioner by granting an order of status quo. In the light of the respondent/defendant being represented today, I deem it appropriate to dispose the petition, with a direction to the concerned Court to consider the application filed under Order XXXIX Rules 1 and 2 of the CPC which is pending, in accordance with law, after hearing both the parties. - 4 - HC-KAR NC: 2025:KHC:34586 WP No. 15035 of 2025 5. In the light of status quo operating in the subject petition, the same shall continue subject to further orders to be passed by the concerned court. Ordered accordingly. The concerned Court shall pass necessary orders within 4 weeks from the date of receipt of the copy of this order. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 57