- 1 - HC-KAR NC: 2025:KHC:26519 WP No. 14487 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14487 OF 2025 (GM-CPC) BETWEEN: 1. SMT. A.VANI, W/O DR. B.V.DEVAR, AGED ABOUT 68 YEARS, RESIDING AT NO.3777, 13TH CROSS, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. 2. SMT. MANJULA, W/O C.S.SHANKAR, AGED ABOUT 63 YEARS, RESIDING AT NO.115/3, ITPL MAIN ROAD, KUNDALAHALLI, BENGALURU - 560 037. 3. SMT. A.RAJITHA, W/O A.M.GOPALAKRISHNA REDDY, AGED ABOUT 59 YEARS, RESIDING AT NO.115/3, ITPL MAIN ROAD, KUNDALAHALLI, BENGALURU - 560 037. …PETITIONERS (BY MS. NALINA MAYEGOWDA, SENIOR ADVOCATE FOR SRI MANJUNATHA HIRAL, ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26519 WP No. 14487 of 2025 AND: 1. SRI. AMBARISH, S/O LATE H.N.VENKATESH REDDY, AGED ABOUT 62 YEARS, RESIDING AT NO.121, 1ST CROSS, KUNDALAHALLI, DODDANEKKUNDI, BENGALURU - 560 037. 2. SRI. RAJANNA, S/O LATE H.N.VENKATESH REDDY, AGED ABOUT 60 YEARS, RESIDING AT NO.121, 1ST CROSS, KUNDALAHALLI, DODDANEKKUNDI, BENGALURU - 560 037. 3. SRI. K.V.GURUMURTHY, S/O LATE H.N.VENKATESH REDDY, AGED ABOUT 56 YEARS, RESIDING AT NO.121, 1ST CROSS, KUNDALAHALLI, DODDANEKKUNDI, BENGALURU - 560 037. 4. SRI. ASHWATH, S/O LATE H.N.KESHAVAREDDY, AGED ABOUT 53 YEARS, RESIDING AT NO.102, 1A CROSS, BEHIND INDIAN OVERSEAS BANK, BEHIND BHADRA APARTMENT, KUNDALAHALLI, BENGALURU- 560 037. 5. SMT. PAVITRA, D/O LATE H. N.KESHAVAREDDY, AGED ABOUT 47 YEARS, RESIDING AT NO.102, 1A CROSS, - 3 - HC-KAR NC: 2025:KHC:26519 WP No. 14487 of 2025 BEHIND INDIAN OVERSEAS BANK, BEHIND BHADRA APARTMENT, KUNDALAHALLI, BENGALURU - 560 037. 6. SRI. GIRISH ANAND, S/O LATE H.N.ANANDARAMAREDDY, AGED ABOUT 57 YEARS, RESIDING AT NO.115/3, ITP MAIN ROAD, KUNDALAHALLI, BENGALURU - 560 037. 7. SRI. KESAVA REDDY M., AGED ABOUT 59 YEARS, S/O LATE MUNIVENKATA REDDY, RESIDENT OF NO.114, KUNDALAHALLI VILLAGE, NEAR BROOKE FIELDS, BENGALURU EAST, BENGALURU - 560 037. 8. SRI. JAYANTH KESHAVA REDDY, AGED ABOUT 33 YEARS, S/O KESAVA REDDY, RESIDENT OF NO.114, KUNDALAHALLI VILLAGE, NEAR BROOKE FIELDS, BENGALURU EAST, BENGALURU – 560 037. …RESPONDENTS (BY SMT. LATHA S.SHETTY, ADVOCATE FOR R1 TO R3, R7 & R8; SRI N.VISHWANATH, ADVOCATE FOR R4 & R5; SRI CHENNAKESHAVA B. S., ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 13.05.2025 AT ANNEXURE-A PASSED BY THE XXXIX ADDL. CITY CIVIL JUDGE (VACATION JUDGE) CCH-40, BENGALURU IN OS NO.3556/2025 ON IA NO. II AND III AND ETC. - 4 - HC-KAR NC: 2025:KHC:26519 WP No. 14487 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners-plaintiffs in O.S.No.3556/2025 pending on the file of XXXIX Addl. City Civil Judge (Vacation Judge) CCH-40, Bengaluru, are before this Court calling in question an order of the concerned Court dated 13.05.2025, which declines to grant temporary injunction answering an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure. 2. Heard Ms.Nalina Mayegowda, learned Senior Counsel for Sri.Manjunatha Hiral, learned counsel appearing for the petitioners, Smt.Latha S Shetty, learned counsel appearing for respondent Nos.1 to 3, 7 and 8, Sri.N.Vishwanath, learned counsel appearing for respondent Nos.4 and 5, Sri.Chennakeshava B.S., learned counsel appearing for respondent No.6 and have perused the material on record. - 5 - HC-KAR NC: 2025:KHC:26519 WP No. 14487 of 2025 3. This Court, in order to protect the interest of the petitioners, had granted an interim order on 04.06.2025 which reads as follows: “Heard Smt. Nalina Mayegowda, learned Senior counsel appearing for the petitioner. Issue emergent notice to the respondents, returnable by 20.06.2025. Till such time, there shall be an interim order of stay, as prayed for.” 4. Learned counsel for the respondents has now entered appearance. Since the matter is spent at large before the concerned Court, I deem it appropriate to dispose the petition with a direction to the concerned Court to hear both the parties and consider the application under Order XXXIX Rules 1 and 2 of CPC and the other application so filed by the petitioners on its merit. 5. In the light of the interim order subsisting today, I deem it appropriate to continue the same for a period of three weeks and direct the concerned Court to conclude the proceedings to answer the application within two weeks from today. - 6 - HC-KAR NC: 2025:KHC:26519 WP No. 14487 of 2025 6. All contentions of both the parties shall remain open. 7. It is needless to observe that the concerned Court will answer the application in accordance with law after considering the submissions of both the parties. 8. Ordered accordingly and Writ Petition is disposed. In view of disposal of the Writ Petition, all pending applications also stand disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 50 CT:SS