Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30867 WP No. 6496 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 6496 OF 2023 (GM-CPC) BETWEEN:
SRI.D.K.S. HAMEED S/O LATE D K MOHAMMED HAJEE, AGED ABOUT 67 YEARS, R/O NO.15-4-190/14, KADRI WEST WIND APARTMENT, D NO.1703, 17TH FLOOR, BENDOORWELL POST, KANKANADY MANGALORE-575 002.
ALSO AT, AL BADAR COMPLEX, IST MAIN ROAD, R.M.V. EXTENSION, BHOOPASANDRA, 2ND STAGE, BANGALORE-560 094. …PETITIONER (BY SRI. CUCKOO DELHI.,ADVOCATE) AND:
1.
SRI.ARUN KUMAR SABOO S/O SREERAM SABOO, AGED ABOUT 66 YEARS, R/O NO.45/1, FAIR FIELD LAYOUT, RACE COURSE ROAD, BANGALORE-560 001. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30867 WP No. 6496 of 2023
2.
SRI. R V BALAJI S/O LATE VITTAL RAO, AGED ABOUT 30 YEARS, R/O SRIRAMANAHALLI VILLAGE, AREKERE POST, HESARAGHATTA HOBLI, BANGALORE NORTH YELAHANKA, BANGALORE-560 088. …RESPONDENTS (BY SRI. JAI PRAKASH RAO.,ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ANNX-L ORDER DATED 07.03.2023 ON IA NO.1 AND DATED 15.03.2023 ON IA NO-2 PASSED IN OS NO.308/2023 BEFORE THE I ADDL. (JUNIOR DIVISION) CIVIL JUDGE, BANGALORE RURAL DIST. AT BANGALORE. AND FURTHER BE PLEASED TO GRANT EX-PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENTS AND THEIR AGENTS, RESTRAINING THEM FROM NOT TO INTERFERE IN PEACEFUL POSSESSION AND ENJOYMENT OF THE PETITIONER SCHEDULE LAND AND NOT TO CHANGE THE NATURE OF THE SUIT SCHEDULE PROPERTY, TILL PENDING DISPOSAL OF THE WP/SUIT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR NC: 2025:KHC:30867 WP No. 6496 of 2023 ORAL ORDER
1. This petition is filed by the plaintiff being aggrieved by the order dated 15.03.2023 passed in O.S.No.308/2023, on the file of Principal Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as 'the Trial Court'), by which the trial Court issued suit summons and emergent notice on I.A.No.2 filed by the petitioner/plaintiff under Order XXXIX Rule 1 and 2 read with Section 151, instead of granting ex-parte temporary injunction order restraining the defendants from changing the nature of the suit property till disposal of the suit as sought for.
2. Learned counsel for the petitioner submits that this Court by order dated 23.03.2023, had directed the parties to maintain status-quo with regard to the nature of the suit property. The said interim order is extended from time to time. That if this writ petition is disposed of with direction to the trial Court to dispose of the application in I.A.No.2 in a time bound period, the same will serve the hands of justice.
3. Submission is taken on record.
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HC-KAR NC: 2025:KHC:30867 WP No. 6496 of 2023
4. Respondent No.1 is represented by an advocate. Notice to respondent No. 2 is not served.
5. Considering the nature of the grievance of the petitioner and in the light of this Court having granted the status-quo order on 23.03.2023 is extended from time to time, this Court is of the considered view that the interim order granted by this Court be extended for a further period of eight weeks with a direction to the trial Court to dispose-of the applications filed by the petitioner in accordance with law.
6. Accordingly petition is disposed of and the interim
order dated 23.03.2023 granted by this Court, directing the parties to maintain status-quo with regard to the nature of the property is extended for a further period of eight weeks. The trial Court shall afford opportunity to the parties and pass appropriate order on merits on said application expeditiously. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 9