- 1 - HC-KAR NC: 2025:KHC:53351 WP No. 37632 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 37632 OF 2025 (GM-CPC) BETWEEN: 1. SMT. SAMPA CHAKRABORTY, W/O DIPANKAR CHAKRABORTY, AGED ABOUT 67 YEARS 2. SRI. DIPANKAR CHAKRABORTY S/O PRAVAKAR CHAKRABORTY AGED ABOUT 73 YEARS PETITIONER NO.1 AND 2 ARE RESIDING AT FLAT NO. 203, GAANA REGENCY, BLOCK-2, YELACHENAHALLI, BANGALORE-560078 …PETITIONERS (BY SRI. P D SURANA.,ADVOCATE) AND: 1. SMT.DEBLINA CHAKRABORTY W/O SOUMYA CHAKRABORTY AGED ABOUT 36 YEARS 2. SMT.JOLLY CHOWDHURY W/O, PRABIR CHOWDHURY, AGED ABOUT 59 YEARS 3. SRI. PRABIR CHOWDHURY S/O ASHOK KUMARA CHOWDARY AGED ABOUT 65 YEARS RESPONDENT NO.1 TO 3 ARE Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53351 WP No. 37632 of 2025 RESIDING AT NO 7, R S HAPPY HOMES, FLAT NO 301, GOLLAHALLI BALAJI LAYOUT, ELECTRONIC CITY, BANGALORE 560100 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTY BY THE PETITIONERS PENDING DISPOSAL OF I.A NO.1 FILED IN O.S NO.8421/2024 ON THE FILE OF THE LEARNED 7TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH NO.19) IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel Sri.P.D.Surana for the petitioners. 2. The petitioners are the plaintiffs before the trial Court. in OS.No.8421/2024. The suit is filed for injunction and for other consequential reliefs. Along with the suit, plaintiffs filed an application under Order XXXIX Rule 1 and 2 for an ad-interim order of temporary injunction. The defendants have appeared before the Court and filed their statement of objections on - 3 - HC-KAR NC: 2025:KHC:53351 WP No. 37632 of 2025 19.02.2025 and thereafter the matter was heard on the application of IA.No.1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC and it was posted for orders on 09.09.2025. Subsequent thereto, the matter has been adjourned time and again without passing any orders on IA No. 1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC and it is more than a year since the suit is filed by the plaintiffs as suit was filed on 27.11.2024. Despite hearing the parties i.e., the plaintiffs and the defendants, the trial Court has not passed orders on IA.No.1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC. Aggrieved by the non-passing of the order on the application despite hearing and posting the matter for orders on 09.09.2025, petitioners/ plaintiffs are before this Court seeking a direction to the trial Court to pass orders on the application filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC. 3. This Court does not find the need or necessity to issue notice to the defendants, as no adverse - 4 - HC-KAR NC: 2025:KHC:53351 WP No. 37632 of 2025 orders are sought for by the plaintiffs against the defendants in this petition, except for making a prayer for a direction to the trial Court to decide the IA No.1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC. Despite having heard the matter and posted the matter for orders, the same having not been pronounced is aggrieved by the same. 4. It is needless to mention that the trial Court is duty bound and obligated to pass orders on the application under Order XXXIX Rule 1 and 2 read with Section 151 of CPC as early as possible. It has been more than a year since the suit is filed and almost a year since the defendants filed their objections. The matter was heard and reserved for orders on the application. But no orders are passed yet and all other proceedings are going on, including amendment application filed by the defendants. This is not the procedure to be adopted by the trial Court especially when an application is filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC. - 5 - HC-KAR NC: 2025:KHC:53351 WP No. 37632 of 2025 5. When any application is filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC, the trial Court is obligated and duty bound to pass orders as early as possible considering the materials placed on record, the averments along with the application, the affidavit and any other documents filed along with the plaint, as there may be urgency that is expressed by the plaintiff. 6. In the present case, the suit is filed in the year 27.11.2024. Objections are filed in February 2025. The matter was posted for orders in September 2025. Despite which, no orders are passed. Under the circumstances, it is a fit case to be remitted back to the trial Court with a direction to the learned trial Judge to decide the application within the next 3 days. Accordingly, I pass the following order. ORDER The petition is disposed of. 2. The matter is remitted back to the trial Court to decide IA No.1 filed under Order XXXIX Rule 1 and 2 - 6 - HC-KAR NC: 2025:KHC:53351 WP No. 37632 of 2025 read with Section 151 of CPC in O.S.No.8421/2024 within a period of 3 days. 3. Petitioners/plaintiffs are permitted to advance the matter before the concerned Court or, if the regular Court is not sitting, before the in-charge Court and make a request to hear the application IA.No.1 filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC and pass suitable orders. If such application for advancement is filed, the same shall be allowed. 4. It is needless to mention that this Court has not expressed any opinion on the merits of the application. 5. The trial Court is at liberty to deal with the application and pass reasoned order in accordance with law. 6. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK,List No.: 2 Sl No.: 1