- 1 - HC-KAR NC: 2025:KHC:42195 WP No. 30039 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 30039 OF 2025 (GM-CPC) BETWEEN: SMT. GOWTHAMI W/O GANESHA AGED ABOUT 32 YEARS R/AT SULIBELE VILLAGE SULIGBELE HOBLi, HOSKOTE TALUK BENGALURU RURAL DISRT 562 129 …PETITIONER (BY SRI. NARAYANA BHAT MOVVAR., ADVOCATE) AND: 1. SRI. NARAYANASWAMY (MARAVE) S/O LATE MARAVE MUNISHAYMMA AGED ABOUT 52 YEARS 2. SRI MOHITH @ MONESH S/O LATE MARAVE NARAYANASWAMY AGED ABOUT 25 YEARS RESIDING AT ASIDE TO BEERESWARA KALYANA MANTAPA SULIBELE VILLAGE, SULIBELE HOBLI HOSAKOTE TALUK BENGALURU RURAL DIST 562 129 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.09.2025 PASSED ON IA. NO 1 BY THE LEARNED ADDL. CIVIL JUDGE AND JMFC, HOSKOTE (TRIAL COURT) IN O.S.NO. 319/2025 (ANNEXURE-G), INSOFAR AS IT RELATES TO REFUSAL TO EXERCISE JURISDICTION VESTED UNDER ORDER XXXIX RULES 1 AND 2 CPC. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42195 WP No. 30039 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for the petitioner. 2. This Court does not find any need or necessity to issue notice to the respondent as the order that is questioned is non passing of an ad-interim exparte order of temporary injunction on the application filed by the petitioner/plaintiff under Order XXXIX Rules 1 and 2 of C.P.C. The petitioner is the plaintiff and the respondents are the defendants before the trial Court in Original Suit in O.S.No.319/2025. 3. A suit came to filed by the plaintiff for the relief of permanent injunction restraining the defendants from interfering with or obstructing the plaintiff's peaceful possession and enjoyment of the suit schedule property and for other consequential relief. Along with plaint, an application under Order XXXIX Rules 1 and 2 of C.P.C came to be filed by the petitioner-plaintiff for an ad-interim exparte order of temporary injunction pending disposal of the suit. - 3 - HC-KAR NC: 2025:KHC:42195 WP No. 30039 of 2025 4. It is a case of the petitioner/plaintiff that she is the absolute owner, in possession and enjoyment of the suit schedule property bearing Sy.No.4/9 measuring 2 guntas situated at Arasanahalli Village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District. 5. It is the contention of the learned counsel for petitioner-plaintiff that, the defendants are trying to illegally block the road/route to have access to the suit schedule property. It is also contended that the defendants are threatening the plaintiff to destroy the structure of suit schedule property which has been put up by the plaintiff. Therefore, the petitioner being aggrieved by the threat caused by the defendants , has approached the trial Court by filing the suit and has filed an application for an order of an ad-interim exparte order of temporary injunction. The plaintiff has produced the registered sale deed and also the photographs to show that the structure put up in the suit schedule property and on the right side of the structure towards the western side of the construction, there is a road towards the village. - 4 - HC-KAR NC: 2025:KHC:42195 WP No. 30039 of 2025 6. Having perused the averments made and the photographs produced along with this petition, it appears that the petitioner is in peaceful possession and enjoyment of the suit schedule property having put up construction which is currently visible. She has also produced RTC and Form No.10 to show that she is the owner, in possession and enjoyment of the suit schedule property. However, it appears that the defendants are trying to interfere with the peaceful possession and enjoyment of plaintiff's property and also they have encroached upon the plaintiff's property. 7. When an application is filed under Order XXXIX Rules 1 and 2 of C.P.C. for an ad-interim exparte order of temporary Injunction, it becomes the duty and obligation of the trial Court to pass an interim order, on the basis of the materials placed before it and protect the rights of the plaintiff for the suit schedule property and preserve the property from damage or infringement of rights of the plaintiff over the suit schedule property till the appearance of the respondents- defendants and thereafter, to hear the matter in detail. - 5 - HC-KAR NC: 2025:KHC:42195 WP No. 30039 of 2025 8. In the present case on hand, the petitioners has produced the photographs of the construction to show that she is the absolute owner, thereby, prima-facie case is made out by the petitioner/plaintiff and the balance of convenience, so also, much hardship would be caused to the petitioner/plaintiff, if an ad-interim exparte order of temporary injunction is not granted in her favour. Accordingly, I to pass the following : ORDER 1. This Writ petition is disposed of. 2. An adinterim exparte temporary injunction is granted restraining the respondents /defendants from interfering with peaceful possession and enjoyment of the plaintiff over the suit schedule property, till next date of hearing. 3. The respondents/defendants are at liberty to file objections to the application filed under Order XXXIX Rules 1 and 2 of C.P.C. The trial Court shall deal with the objections, if any, filed by the respondents/defendants and pass suitable orders on the merits of the matter, without being influenced by this order. - 6 - HC-KAR NC: 2025:KHC:42195 WP No. 30039 of 2025 4. It is made clear that this Court has not expressed any opinion on the merits of the matter; Sd/- (PRADEEP SINGH YERUR) JUDGE NM List No.: 1 Sl No.: 17