- 1 - HC-KAR NC: 2025:KHC:27185 W.P. No.9293/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.9293/2020 (GM-CPC) BETWEEN: D.J. NAGARAJ S/O LATE JAYARAMA REDDY AGED ABOUT 62 YEARS R/AT. NO.381, MEGHASREE 4TH MAIN, 12TH CROSS RMV SECOND STAGE DOLLARS COLONY BANGALORE-560072. …PETITIONER (BY SRI. SATYANAND B.S. ADV.,) AND: 1. MR. BECHAN ALIAS KATTA BABU MAJOR. 2. MR. SATHIS MAJOR. 3. MR. SHANKAR ALIAS GAS SHANKAR MAJOR. 4. MR. CHANDRASHEKHAR ALIAS KUTTE CHANDRA MAJOR. 5. MR. KALYAGOWDA MAJOR. ALL ARE R/AT. ANDHARAHALLI VILLAGE VISHWANEEDAM POST Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:27185 W.P. No.9293/2020 YESHWANTHAPURA HOLBI BANGALORE NORTH TALUK. …RESPONDENTS (V/C/O DTD:21.07.2025 SERVICE OF NOTICE TO R1 TO R5 ARE HELD SUFFICIENT) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE OR MODIFY THE IMPUGNED ORDERS DATED 14.07.2020 ON I.A.NO.1, PASSED BY THE LEARNED 2ND ADDL. CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, IN O.S.NO.518 OF 2020, PRODUCED AT ANNEXURE-A & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 14.07.2020 passed on I.A.No.1 in O.S.No.518/2020 by the II Additional Civil Judge, Bengaluru Rural District, Bengaluru. 2. Heard. 3. Sri.B.S.Satyananda, learned counsel for the petitioner submits that the petitioner has filed a suit for the relief of permanent injunction against the respondents. Along with the plaint, he filed an application for temporary injunction as the respondents were allegedly interfering with his peaceful - 3 - HC-KAR NC: 2025:KHC:27185 W.P. No.9293/2020 possession and enjoyment of the suit schedule property. However, the Trial Court, under the impugned order held that no sufficient grounds were made out to grant an ad interim order. Being aggrieved, this writ petition is filed. It is submitted that this Court considered and granted the interim order on 24.08.2020 which is in force. Hence, he seeks to continue the interim order till the disposal of the suit, by disposing the writ petition. 4. Notice on the respondents was served. There is no representation. It is submitted that even in the suit the respondents were placed ex parte. 5. I have heard the arguments of the learned counsel for the petitioner and perused the material available on record. I have given my anxious consideration to the submissions advanced by the learned counsel for the petitioner. 6. The petitioner filed O.S.No.518/2020 for the relief of permanent injunction against the respondents from interfering with the peaceful possession and enjoyment of the suit schedule property by the petitioner. The petitioner also - 4 - HC-KAR NC: 2025:KHC:27185 W.P. No.9293/2020 filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, seeking for injunction. The Trial Court, under the impugned order refused to grant an ex parte temporary injunction against the respondents. Being aggrieved, this writ petition is filed. This Court, on 24.08.2020 ordered as under: "Heard the learned counsel for the petitioner. Issue emergent notice to respondents No.1 to 5. In the meanwhile, there shall be interim stay as prayed for, for a period of six weeks. Interim order passed by this Court may be intimated to learned counsel for the petitioner through e-mail." 7. The aforesaid interim order granted by this Court is in force till today which is nearly 5 years. It is submitted that now the Trial Court has posted the matter for recording the evidence of the plaintiff. Considering the fact that the aforesaid interim order granted by this Court is in force till date and also keeping in mind the fact that the trial has commenced in the suit and there is no representation for the other side, I am of the considered view that the interest of justice would be met if - 5 - HC-KAR NC: 2025:KHC:27185 W.P. No.9293/2020 the interim order granted by this Court is continued till the disposal of the suit. 8. Accordingly, the writ petition is disposed of making the interim order dated 24.08.2020 as absolute, till the disposal of the suit. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 12