- 1 - HC-KAR NC: 2025:KHC:40217 WP No. 29987 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 29987 OF 2025 (GM-CPC) BETWEEN: MR. YERRAMSETTI SATYA KAMA BABU S/O VENKATESHWARA RAO AGED ABOUT 47 YEARS R/AT.NO.4133, TOWNSHIP PK WY 0ATLANTA, GA-30342 REP.BY SPA HOLDER MR.DEEPAK BHANSALI. …PETITIONER (BY SMT.YUKTHA N.,ADVOCATE) AND: 1. MRS. A DAKSHAYINI W/O MR. J.RAVI PRAKASH AGED ABOUT 58 YEARS R/A.NO.7, NAGASANDRA YAMALURU POST BENGALURU-560 037. 2. M/S EPSHITA BUILDERS, REGD.OFF. FLAT NO.403 BLOCK-A, S.R RESIDENCY APARTMENT, MUNNEKOLALA, PR LAYOUT BENGALURU-560 037 REP.BY IT'S MANAGING PARTNER MR.G.CHAKRAPANI. 3. MR.G.CHAKRAPANI, S/O.G.SATHYANARAYANA R/AT.FLAT NO.511, BLOCK-B EPSHITA WHITE PALMS, SY.NO.20-1 HAGDUR VILLAGE KRISHNARAJAPURA HOBLI Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40217 WP No. 29987 of 2025 WHITEFIELD BENGALURU-560 066. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE TRIAL COURT TO DISPOSE OF THE IA NO.1 FILED BY PETITIONER UNDER ORDER 39 RULE 1 AND 2 OF CPC IN O.S NO. 1679/2024 PENDING BEFORE PRL. SENIOR CIVIL JUDGE. BENGALURU RURAL, AT BENGALURU, VIDE ANNEXURE-B BY FIXING A STIPULATED TIME PERIOD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner. 2. This Court does not find any need to issue notice to the respondents as no relief is sought against them and so also no adverse order is passed against them. The only relief that is sought in the present writ petition is to direct the learned Prl. Senior Civil Judge, Bengaluru Rural district, Bengaluru, to dispose of I.A. No.1 filed by petitioner under Order 39 Rules 1 & 2 of CPC in O.S. No.1679/2024 in a time bound manner. 3. It is the contention of learned counsel for petitioner/plaintiff that petitioner/plaintiff filed a suit for specific performance against the respondents/defendants. - 3 - HC-KAR NC: 2025:KHC:40217 WP No. 29987 of 2025 Alongwith the plaint, the petitioner/plaintiff filed an application under Order XXXIX Rules 1 & 2 of CPC. The trial Court issued notice on the said application to the respondents/defendants and aggrieved by non-issuance of an order of Temporary Injunction, petitioner/plaintiff is before this Court seeking a direction to the trial Court to dispose of I.A. No.1 in a time bound manner. Despite respondents/defendants appeared, they have not filed any objections to the said application. The said application is being prolonged for one reason or the other and so also the defendants have not filed the written statement. The present stage of the suit is that an application filed under Order 6 Rule 17 of CPC came to be allowed. 4. I have given my thoughtful consideration to the submissions of learned counsel for petitioner and perused the petition papers. 5. Order XXXIX Rule 3A of CPC contemplates disposal of the application for Temporary Injunction within 30 days. Therefore, it is obligatory on the part of the trial Court to dispose of the application on merits after hearing both parties and not to prolong the matter. - 4 - HC-KAR NC: 2025:KHC:40217 WP No. 29987 of 2025 6. In view of the above, having regard to the provisions of Order XXXIX Rule 3A of CPC, this Court deems it appropriate to direct the trial Court to dispose of I.A. No.1 filed Order XXXIX Rules 1 and 2 of CPC in a time bound manner. Accordingly, I pass the following: O R D E R i) The petition is allowed. ii) A direction is issued to the Prl. Senior Civil Judge, Bengaluru Rural district, Bengaluru, to dispose of I.A. No.1 filed under Order XXXIX Rules 1 and 2 of CPC in O.S. No. 1679/2024 within a period of fifteen days from the date of receipt of copy of this order. iii) This Court has not expressed any opinion on merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 50