- 1 - HC-KAR NC: 2025:KHC:35717 WP No. 16729 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16729 OF 2025 (GM-CPC) BETWEEN: SMT. M.MANJULA AGED ABOUT 50 YEARS W/O LATE K.RAGHUNATH R/AT NO. 5034 TOTAL ENVIRONMENT APTS. 5B ROAD EPIP BENGALURU CITY KARNATAKA - 560 066. …PETITIONER (BY SRI D.R.RAVISHANKAR, SENIOR ADVOCATE FOR MS. ANUPARNA BORDOLOI, ADVOCATE) AND: 1. DA SRINIVAS S/O LATE D.K.ADIKESHAVALU AGED ABOUT 46 YEARS R/AT NO.7/21, 1ST CROSS 9TH MAIN RMV EXTENSION BENGALURU – 560 080. 2. BAGMANE LUMINARY LLP A LIMITED LIABILITY PARTNERSHIP FIRM REGISTERED UNDER LIMITED Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35717 WP No. 16729 of 2025 LIABILITY PARTNERSHIP ACT, 2008 HAVING OFFICE AT 5TH FLOOR, ‘B’ BLOCK BAGMANE TECH PARK BAGMANE LAUREL C.V.RAMAN NAGAR BENGALURU NORTH KARNATAKA – 560 093 REPRESENTED BY ITS MANAGING PARTNER RAJA BAGMANE. 3. M/S. SAPTHAGIRI ENTERPRISES A PARTNERSHIP FIRM FORMED UNDER THE PROVISIONS OF INDIAN PARTNERSHIP ACT, 1932 HAVING ITS PRINCIPAL OFFICE AT NO. 17, SANKEY ROAD BENGALURU - 560 020 REPRESENTED BY ITS PARTNER D. A. SRINIVAS. …RESPONDENTS (BY SRI JAYAKUMAR S.PATIL, SENIOR ADVOCATE FOR SRI BASAVARAJU H. N., ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 3.06.2025 PASSED ON IA NOS. 1 TO 3 IN OS NO. 1007/2025 BY THE COURT OF THE CIVIL JUDGE AND JMFC KRISHNARAJAPURA BENGALURU DIST VIDE ANNX-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35717 WP No. 16729 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner – plaintiff is before this Court seeking the following prayer: “1. Issue a Writ of Certiorari or any other appropriate writ, order, or direction quashing the Order dated 03.06.2025 passed on 1.A. Nos. 1 to 3 in O.S. No. 1007/2025 by the Court of the Civil Judge & JMFC, Krishnarajapura, Bengaluru District; vide Annexure A. 2. Issue a writ in the nature of mandamus by allowing IA No. 1 to 3 filed in OS No. 1007/2025 pending before Court of the Civil Judge & JMFC, Krishnarajapura, Bengaluru District; vide Annexuree – B to D. 3. Grant such other and further reliefs as this Hon'ble Court may deem fit in the facts and circumstances of the case, including costs of this writ petition, in the interest of justice and equity.” 2. Heard Sri D.R.Ravishankar, learned senior counsel appearing for the petitioner and Sri Jayakumar S. Patil, learned senior counsel for Sri Basaravaju H.N., learned counsel for respondent No.1. 3. The petitioner is driven to this Court on a threshold premise. The petitioner institutes a suit seeking injunction - 4 - HC-KAR NC: 2025:KHC:35717 WP No. 16729 of 2025 against the respondents along with applications – I.A.Nos.1 to 3, under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC. The concerned Court does not grant exparte temporary injunction and leaves the applications under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC to be considered at a later point in time, after the appearance of the respondents. 4. To protect the interests of the petitioner, this Court had granted an interim order on 30.06.2025, which reads as follows: “Heard the learned Senior counsel, Sri. D.R. Ravishankar, appearing for the petitioner. Learned counsel appearing for the petitioner shall serve a copy of the petition papers upon the respondents by way of hand summons. What drives the petitioner to this Court is the order of the concerned Court issuing notice, but not granting an interim injunction answering the application filed under Order XXXIX Rules 1 and 2 of the C.P.C. In the light of plethora of proceedings between the parties including the matter referred to the CBI for conduct of investigation and submission of the report within 8 months by the Apex Court, I deem it appropriate to grant temporary injunction as prayed for in I.A.Nos.1, 2 and 3 by the petitioner before the concerned Court in O.S.No.1007/2025, till the next date of hearing.” - 5 - HC-KAR NC: 2025:KHC:35717 WP No. 16729 of 2025 5. Respondent No.1 is now represented. Respondent No.2 though served, is unrepresented. 6. In the light of the representation of the first respondent, it is now necessary for the concerned Court to consider the applications filed under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC and pass necessary orders in accordance with law. 7. Learned senior counsel for the petitioner submits that the order dated 30.06.2025 as afore-quoted be continued till the applications would be considered at the hands of the concerned Court. 8. Learned senior counsel for the first respondent submits that I.A.Nos.1, 2 and 3 all are injuncted by the afore-quoted order. He would submit that I.A.Nos.1 and 3 were for temporary injunction, but I.A.No.2 was for grant of police protection. 9. In the light of the aforesaid submission, I deem it appropriate to continue the interim order dated 30.06.2025, till the concerned Court answers the applications in I.A.Nos.1 and - 6 - HC-KAR NC: 2025:KHC:35717 WP No. 16729 of 2025 3 or otherwise, while directing the concerned Court to consider the applications I.A.Nos.1 and 3 filed by the petitioner under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC, after hearing both the parties, in accordance with law. 10. For the aforesaid reasons, the following: ORDER a. The writ petition is disposed. b. The concerned Court is directed to answer the applications – I.A.No.1 and 3 under Order XXXIX Rule 1 and 2 r/w. Section 151 of the CPC after hearing both the parties, in accordance with law. c. The interim order passed by this Court on 30.06.2025, as afore-quoted would be restricted to I.A.Nos.1 and 3 only. d. Insofar as I.A.No.2, which was seeking police protection is concerned, it is for the concerned Court to answer the said application on its merit, after hearing the parties. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 16/CT:SS