- 1 - HC-KAR NC: 2025:KHC:37482 WP No. 35011 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.35011 OF 2024 (GM-CPC) BETWEEN: 1. V VINAYAKA SHANKAR, S/O VEERABHADRAIAH, AGED ABOUT 62 YEARS, RESIDING AT NO.3, LAKSHMI ROAD, SHANTHINAGAR, WILSON GARDEN, BANGALORE - 560 027. 2. VIREN VIRAJ SHANKAR, S/O V VINAYAKA SHANKAR, AGED ABOUT 61 YEARS, RESIDING AT NO.3, LAKSHMI ROAD, SHANTHINAGAR, WILSON GARDEN, BANGALORE - 560 027. …PETITIONERS (BY SRI. REUBEN JACOB, SENIOR COUNSEL FOR SRI. SRINIVASA N.,ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37482 WP No. 35011 of 2024 AND: 1. C CHITRAKALA W/O JAYACHANDRA K J, AGED ABOUT 39 YEARS, RESIDING AT NO.317, VIDHYASHANKAR LAYOUT, GHATAPRAHA ROAD, MYSURU - 570 011 2. AKSHAY E, S/O ESHWAREGOWDA, AGED ABOUT 27 YEARS, RESIDING AT NO.939, SARDARVALLABHAI PATEL NAGAR, MYSURU CITY - 570 001 …RESPONDENTS (BY SRI. AKSHAY RAMACHANDRA HUDDAR., ADVOCATE FOR R1 & R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ORDER DATED 07.12.2024 PASSED BY VII ADDITIONAL SENIOR CIVIL JUDGE, MYSORE IN I.A NO.1 IN O.S NO.1672/2024, AT ANNEXURE-P IN THE INTEREST OF JUSTICE AND EQUITY, ETC THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37482 WP No. 35011 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayer: “a) Set aside Order dated 07.12.2024 passed by VII Additional Senior Civil Judge, Mysore in I.A.No.1 in O.S.No.1672/2024, at ‘Annexure – P’, in the interest of justice and equity. b) Pass such any other suitable Orders as this Hon’ble Court deems fit in the facts and circumstances of the present case, in the interest of justice and equity.” 2. Heard Sri Reuben Jacob, learned senior counsel appearing for the petitioners and Sri Akshay Ramachandra Huddar, learned counsel for the respondent Nos.1 and 2. 3. Respondents are the plaintiffs, the petitioners, the defendants. Respondents - plaintiffs institute a suit for declaration and injunction and also seek temporary injunction by filing an application – I.A.No.1, which is granted by the concerned Court. The petitioners file an application seeking vacation of the order of injunction so granted, which is not considered by the concerned Court within 30 days of its filing - 4 - HC-KAR NC: 2025:KHC:37482 WP No. 35011 of 2024 and therefore, the petitioners are before this Court in the subject petition. 4. The parties are now represented before this Court and an interim order of stay is granted by a co-ordinate bench of this Court on 20.12.2024, which is in subsistence even today. 5. In the light of its subsistence and the application seeking vacation of the exparte temporary injunction being pending before the concerned Court, I deem it appropriate to dispose the subject petition, with a direction to the concerned Court to consider the application so filed by the petitioners - defendants seeking vacation of exparte temporary injunction, within an outer limit of four weeks from the date of receipt of a copy of this order. 6. The interim order as granted by the co-ordinate bench and subsisting as quoted supra, shall continue for a period of four weeks from the date of web-hosting of this order. 7. Sri Reuben Jacob, learned senior counsel submits that there are subsequent developments pursuant to which, certain applications are preferred before the concerned Court. - 5 - HC-KAR NC: 2025:KHC:37482 WP No. 35011 of 2024 8. The aforesaid order will not come in the way of the concerned Court considering any application filed by either of the parties and pass necessary orders thereon. 9. With the aforesaid observations, the writ petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 59