- 1 - HC-KAR NC: 2025:KHC:45482 W.P. No.16083/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.16083/2024 (GM-CPC) BETWEEN: 1. SRI. GURURAJA SEVA MANDALI HAVING O/AT, B-23, BEL COLONY JALAHALLI P.O. BENGALURU- 560013 REP. BY ITS SECRETARY SRI. RAJENDRA KULKARNI. 2. SRI. H.P. VEDAVYASACHAR S/O H. PRANESHACHAR AGED ABOUT 67 YEARS PRESIDENT-SRI GURURAJA SEVA MANDALI, AT, B-91 SAMEERAPURA, MGK MURTHY LAYOUT 6TH MAIN, CHAMARAJPET BENGALURU- 560018. WRONGLY SHOWN IN THE PLAINT AS P. VEDAVYASACHAR AND HOUSE NUMBER IS WRONGLY SHOWN IN THE PLAINT AS D-91. 3. SRI. RAJENDRA KULKARNI S/O SRI. G.R. KULKARNI AGED ABOUT 59 YEARS SECRETARY-SRI GURURAJA SEVA MANDALI AT NO.66, 14TH MAIN, KAMMAGONDANAHALLI JALAHALLI WEST, BENGALURU-560015. 4. SRI. RAGHUNATH U.P. S/O U. PRAHALLADACHAR AGED ABOUT 50 YEARS TREASURER- SRI GURURAJA SEVA MANDALI AT NO.B876, BAHUBALINAGAR JALAHALLI VILLAGE, BENGALURU- 560013. …PETITIONERS Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:45482 W.P. No.16083/2024 (BY SRI. NARAYAN RAO, ADV., FOR SRI. RAJESHWARA P.N. ADV.,) AND: 1. 1008 SRI. RAGHUVIJAYA TEERTHA SHREEPADANGALAVARU PONTIFF OF SHRI. KUDLI ARYA AKSHOBHYA THEERTHA MUTT AT BB STREET (SRI LAKSHMINARYANA TEMPLE STREET), SHIVAMOGGA KARNATAKA 577202. REP. BY GPA HOLDER SRI. HANUMANTH RAMACHARYA GUDI AGED ABOUT 69 YEARS R/AT, NO.1160, KONDAWAD GALLI NEAR VITHOBA TEMPLE, GUDI ONI HAVERI-581110. 2. SRI. R.C. GURURAJA RAO VICE-PRESIDENT-SRI GURURAJA SEVA MANDALI, AT NO.5/1 PAJAKA, 10TH CROSS, 3RD MAIN CHAMUNDESWARI LAYOUT VIDYARANYAPURA, BENGALURU-560097. 3. SRI. C.N. NAGARAJA RAO JOINT SECRETARY SRI GURURAJA SEVA MANDALI AT NO. 120, 3RD CROSS PIPELINE ROAD, BEHIND GOVERNMENT HIGH SCHOOL, ABBIGERE VILLAGE BENGALURU-560090. 4. SRI. B.S. JOSHI MEMBER- SRI GURURAJA SEVA MANDALI., AT BANASHRI, 2ND MAIN 1ST B CROSS, VIKAS NAGAR NAGASANDRA POST, BENGALURU-560073. 5. SRI. GOPAL KRISHNA .P MEMBER- SRI GURURAJA SEVA MANDALI AT NO.11, 8TH MAIN BEHIND RAGHAVENDRA SWAMY MUTT - 3 - HC-KAR NC: 2025:KHC:45482 W.P. No.16083/2024 SARADHAMBA NAGAR, JALAHALLI VILLAGE BENGALURU-560013. 6. SRI. SUNDER K MEMBER- SRI GURURAJA SEVA MANDALI AT NO.48, 2ND CROSS, 2ND STAGE KIRLOSKAR COLONY, WEST OF CHORD ROAD BENGALURU- 560079. 7. SRI. GIREESH V. GUMASTE E.C. MEMBER- SRI GURURAJA SEVA MANDALI AT NO.6, 13TH MAIN, KALYAN NAGAR KAMMAGONDANAHALLI, JALAHALLI WEST BENGALURU- 560015. 8. SRI. NAGARAJ DESHPANDE E.C. MEMBER- SRI GURURAJA SEVA MANDALI AT NO.11, 7TH MAIN, SHARADAMBANAGAR JALAHALLI, BENGALURU-560013. 9. SRI. RAGHUNATH RAO MEMBER- SRI GURURAJA SEVA MANDALI NO.402/3, 9TH MAIN, JALAHALLI (P.O) BENGALURU- 560013. 10. SRI. KESHAVAMURTHY AGED ABOUT 70 YEARS R/AT, NO.16, SRI HARI KRUPA 7TH CROSS, BAHUBALINAGAR JALAHALLI, BENGALURU-560013. …RESPONDENTS (BY SRI. SURYANSH NAIDU, ADV., FOR SRI. ABHISHEK HUDDAR, ADV., FOR R1 NOTICE TO R2 D/W V/O/D 20.06.2025) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE ORDER DATED 13.06.2024 PASSED IN O.S.NO.4122/2024 BY THE XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AND CONSEQUENTLY ANNEXURE-F. ALLOW THE IA.NO.2 FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE 4 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE, 1908 IN O.S.NO.4122/2024 PENDING ON THE FILE OF XLIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU & ETC. - 4 - HC-KAR NC: 2025:KHC:45482 W.P. No.16083/2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 13.06.2024 passed on IA.No.1 in O.S.No.4122/2024 by the XLIII Additional City Civil and Sessions Judge, Bengaluru and other reliefs. 2. Sri.Narayan Rao, learned counsel for Sri.Rajeswara P.N., learned counsel appearing for the petitioners submits that petitioner No.1 has filed a suit for injunction against the defendants in O.S.No.4922/2023 and the trial Court vide order dated 08.08.2023 passed exparte temporary injunction against the defendants in the said suit from interfering with the peaceful possession and enjoyment of the suit schedule property by petitioner No.1. By suppressing the pendency of the suit filed by petitioner No.1, respondent No.1 filed a suit in O.S.No.4122/2024 and obtained exparte injunction. It is further submitted that on the strength of exparte - 5 - HC-KAR NC: 2025:KHC:45482 W.P. No.16083/2024 injunction granted in O.S.No.4122/2024, in violation of injunction granted in favour of petitioner No.1, respondents are interfering with the peaceful possession of the petitioners. Hence, he seeks to set aside the impugned order. 3. Per contra, Sri.Suryansh Naidu, learned counsel for Sri.Abhishek Huddar, learned counsel appearing for respondent No.1 supports the impugned order of the trial Court and submits that the order under challenge is exparte order and that the petitioners without seeking the variation of the said order before the trial Court has approached this Court and filing of the present petition is a premature. Hence, he seeks to dismiss the petition. 4. I have heard the arguments of the learned counsel for the petitioners, the learned counsel for the respondent No.1 and meticulously perused the material available on record. 5. The respondent No.1 filed a suit in O.S.No.4122/2024 against the petitioners herein and - 6 - HC-KAR NC: 2025:KHC:45482 W.P. No.16083/2024 others for a relief of declaration that respondent No.1 is a lawful owner in possession of the suit schedule property by virtue of the registered gift deed dated 13.05.2013 and a further declaration that he has absolute right, title and interest over the suit schedule property and consequential relief of injunction. In the said suit, the plaintiff filed IA.No.1 for temporary injunction which was allowed under the impugned order dated 13.06.2024 by restraining the defendants in the said suit from interfering with the possession of the suit schedule property by respondent No.1 till the next date of hearing. It is to be noticed that the order impugned is the exparte order and the petitioners can always approach the same Court seeking vacating the same. It is further noticed that the petitioner No.1 has filed O.S.No.4922/2023 for relief of permanent injunction and in the said suit the trial Court vide order dated 08.08.2023 has granted exparte injunction. It is also noticed that the said operation of the injunction order in O.S.No.4922/2023 was not brought to the notice of the - 7 - HC-KAR NC: 2025:KHC:45482 W.P. No.16083/2024 trial Court in O.S.No.4122/2024 and these issues are required to be considered by the trial Court. It is noticed that this Court While issuing the notice on 20.06.2024 has granted interim order directing both the parties to maintain status quo in respect of the suit schedule property in O.S.No.4122/2024. In my considered view, interest of justice would be met if the said status quo is continued till the trial Court adjudicates and dispose of IA.No.2 filed by petitioners/defendants in O.S.No.4122/2024. In view of the aforesaid reasons, the writ petition is disposed of. Interim order granted by this Court on 20.06.2024 is continued till the disposal of the IA.No.2 in O.S.No.4122/2024. No orders as to costs. All pending applications, if any, stands disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 4