- 1 - HC-KAR NC: 2025:KHC:45386 WP No. 26549 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 26549 OF 2025 (GM-CPC) BETWEEN: 1. RAJEEV KUMAR RAI, S/O RAJANARAYAN RAI, AGED ABOUT 55 YEARS , R/O No.49, D. ROAD, IDEAL HOME SOCIETY, R. R. NAGAR, BANGALORE 560098. REPRESENTED BY ITS POA HOLDER, RAJAKUMAR, S/O SHANKARAPPA, AGED ABOUT 46 YEARS, R/O No.8/9, 27TH CROSS, OPP: MONOTYPE, BSK II STAGE, BANGALORE-560070. …PETITIONER (BY SRI SREEDHAR K., ADVOCATE) AND: 1. RAJAIAH B. N., S/O LATE BYATAGAIAH, AGED ABOUT 53 YEARS, R/O No.891, 12TH CROSS, NEAR KEB OFFICE, SARAKKI J. P. NAGAR 1ST PHASE, BANGALORE 560078. 2. V. RAMARAO PAWAR, S/O VENKOB RAO, AGED ABOUT 98 YEARS, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45386 WP No. 26549 of 2025 3. R. BALU RAO, S/O V. RAMARAO PAWAR, AGED ABOUT 64 YEARS, 4. ASHOK RAO, S/O V. RAMARAO PAWAR, AGED ABOUT 56 YEARS, 5. R. MOHAN RAO, S/O V. RAMARAO PAWAR, AGED ABOUT 47 YEARS, 6. H. HANUMANTHA RAO, S/O V. RAMARAO PAWAR, AGED ABOUT 44 YEARS, RESPONDET Nos. 2 TO 6 ARE R/AT THALLI VILLAGE, DENKANAKOTE TALUK, DHARMAPURI DISTRICT, TAMILNADU. 7. B. J. NANJUNDAPPA, S/O B. M. JWALAPPA, AGED ABOUT 55 YEARS, ADDRESS NOT KNOWN AND ALSO NOT GIVEN IN THE PLAINT. 8. B. L. SHANKAR, S/O LATE B.K. LOKAPPA GOWDA, AGED ABOUT 92 YEARS, R/O No.72, 4TH CROSS, 4TH BLOCK, RMV II STAGE, BANGALORE 560094. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIAS PRAYING DIRECTING THE LEARNED II ADDL. SENIOR CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL TO DECIDE THE FOR VIDE APPLICATION VACATING INJUNCTION ANNEXURE-C FILED BY THE PETITIONER/DEF.No.8 IN OS 1526/2023 VIDE ANNEXURE- E IMMEDIATELY. - 3 - HC-KAR NC: 2025:KHC:45386 WP No. 26549 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER Heard Sri K. Sreedhar, learned counsel for the petitioner. 2. This writ petition is filed seeking a direction to the II Additional Senior Civil Judge and JMFC, Anekal, Bengaluru Rural, to consider and decide the application filed under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908, by Defendant No. 8 (the petitioner herein) in O.S. No. 1526/2023. 3. Respondent No. 1 has filed a suit seeking a declaration, cancellation of various sale deeds, and a decree of permanent injunction against Defendant No. 8. The Trial Court granted an interim injunction on 16.12.2023 on I.A. No. 1. The petitioner, who is Defendant No. 8 in the suit, thereafter filed an application to vacate the interim injunction order dated 02.04.2024. As the Trial Court has not passed any order on the said application, the present petition has been preferred. 4. Sri K. Sreedhar, learned counsel for the petitioner, submits that the interim order was granted on 16.12.2023, and - 4 - HC-KAR NC: 2025:KHC:45386 WP No. 26549 of 2025 the application filed under Order XXXIX Rule 4 of the CPC to vacate the said interim injunction was presented on 02.04.2024. However, the Trial Court has not yet passed any orders on the application. Hence, the present petition has been filed seeking a direction to the Trial Court to dispose of the said application. 5. Having regard to the limited nature of I.A. made in the petition, notice to the respondents is dispensed with. 6. It is evident from the record that the suit has been instituted by Respondent No.1 against several defendants, wherein the petitioner is arrayed as Defendant No. 8. The Trial Court, by order dated 16.12.2023, granted an interim injunction restraining Defendant No. 8 from interfering with the peaceful possession of the suit schedule property and from putting up any compound wall, or alienating or encumbering the said property. Thereafter, Defendant No. 8 filed an application under Order XXXIX Rule 4 of the CPC on 02.04.2024. The Trial Court has not disposed of the said application even after the lapse of more than one and a half - 5 - HC-KAR NC: 2025:KHC:45386 WP No. 26549 of 2025 years. No reasons are forthcoming for such delay on the part of the Trial Court in deciding the application. 7. In these circumstances, the prayer for expeditious disposal of the application deserves to be accepted. Accordingly, the Trial Court is directed to consider and dispose of the application filed under Order XXXIX Rule 4 of the CPC within a period of three months from the date of production of a certified copy of this order. 8. With the above observations and directions, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 6