- 1 - HC-KAR NC: 2025:KHC:27177 WP No. 16792 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16792 OF 2025 (GM-CPC) BETWEEN: SMT. YASHODA D/O. LATE KEMPALAKKANNA, AGED ABOUT 50 YEARS, R/AT NO.15/7, 2ND MAIN ROAD, MARENAHALLI, VIJAYANAGARA, BENGALURU - 560 040. …PETITIONER (BY SRI. MENNON CARIAPPA M.A., ADVOCATE) AND: 1. SRI. K. MUNIRAJU, S/O KEMPALAKKANNA, AGED ABOUT 57 YEARS, R/AT NO. 36/3, 2ND MAIN ROAD, MARENAHALLI, VIJAYANAGARA, BENGALURU - 560 040. 2. SRI. SIDDARAJU L., S/O. KEMPLALAKKANNA, AGED ABOUT 54 YEARS, R/AT NO. 36/3, 2ND MAIN ROAD, MARENAHALLI, VIJAYANAGARA, BENGALURU - 560 040. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27177 WP No. 16792 of 2025 3. SRI. M. RAJU, S/O. K. MUNIRAJU, AGED ABOUT 27 YEARS R/AT NO. 36/3, 2ND MAIN ROAD, MARENAHALLI, VIJAYANAGARA, BENGALURU - 560 040. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 15.05.2025 ON I.A.2/25 PASSED IN OS NO. 3580/2025 VIDE ANNEXURE -A BY THE LEARNED XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE (VACATION COURT) AND CONSEQUENTLY DIRECT THE TRIAL COURT TO HEAR ON IA NO. 2 IN O.S. NO. 3580/25 VIDE ANNEXURE -B AND PASS AN INTERIM ORDER OF INJUNCTION AS SOUGHT FOR IN IA NO. 1 IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order dated 15.05.2025, by which, the application filed by the petitioner under Order XXXIX Rules 1 and 2 of the CPC is not - 3 - HC-KAR NC: 2025:KHC:27177 WP No. 16792 of 2025 entertained in the sense that no temporary injunction sought for is granted, but only notice is issued. 2. Heard Sri. Mennon Cariappa M.A., learned counsel appearing for the petitioner and have perused the material on record. 3. Learned counsel appearing for the petitioner submits that the respondents are represented now and next date before the concerned Court is 31.07.2025. 4. Learned counsel would further submit that the respondents - defendants are interfering with the possession of the petitioner on the score that there is no injunction granted. 5. In the light of the matter being listed on 31.07.2025 and the defendants being represented, I deem it appropriate to direct the concerned Court to decide the application under Order XXXIX Rules 1 and 2 of the CPC on the next date i.e., 31.07.2025. - 4 - HC-KAR NC: 2025:KHC:27177 WP No. 16792 of 2025 6. In the event the Court would not decide the application, the petition should merit any temporary restraint order. With the aforesaid observations, the petition stands disposed. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 24 CT: BHK