- 1 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO.11992 OF 2020 (GM-CPC) BETWEEN: 1. SRI. R GUNASHEKAR S/O R RAJAN AGED ABOUT 58 YEARS, FLAT NO.G4, RONAK APARTMENTS 2ND MAIN, MISSION ROAD BENGALURU - 560 027 2. SRI. D.SUBHASCHANDRA S/O LATE S DHARMARAJ AGED ABOUT 35 YEARS, R/A NO.2107, 4TH MAIN, 1ST CROSS, NEAR ROYAL COUNTRY PARK J PNAGAR, VIII PHASE 2ND BLOCK, BENGALURU - 560 083 3. SRI. M.DINESH BABU S/O E MADHAVAN AGED ABOUT 47 YEARS, NO.10, 7TH A CROSS, M V NAGAR, RAMAMURTHY NAGAR BENGALURU - 560 016 4. SMT. M YAMUNA KALYANI W/O P RAJU AGED ABOUT 56 YEARS, NO.10, 7TH A CROSS M V NAGAR RAMAMURTHY NAGAR BENGALURU - 560 016 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 5. SRI. R SHIVALINGAM S/O LATE C RATHNA REDDY AGED ABOUT 50 YEARS, R/A NO.928, 7TH MAIN RAGHAVENDRA BLOCK BANASHANKARI 3RD STAGE BENGALURU - 560 050 6. SMT. JAYAMMA W/O A K VENKATASWAMY AGED ABOUT 58 YEARS, R/AT FLAT NO.101, 1ST FLOOR SUPRASANNA RESIDENCY NO.13/2, 13TH H MAIN DOOPANAHALLI GARDEN BENGALURU - 560 008 7. SRI. H. R. RAJANNA S/O RANGANARASIMHAIAH AGED ABOUT 44 YEARS, NO.278, SLN NILAYA WEST OF CHORD ROAD KURUBARAHALLI BENGALURU - 560 086 8. SRI. ROHTAS KUMAR S/O LATE L H LAKHIRAM AGED ABOUT 50 YEARS, NO.575, 23RD CROSS, 13TH MAIN, BSK II STAGE BENGALURU - 560 070 9. SRI. S. SANGAMANATH S/O SETTAPPA AGED ABOUT 55 YEARS R/AT NO.114, 4TH CROSS, 9TH MAIN, SIDDARTHA LAYOUT MYSORE - 570 011 10. SRI. PRASHANT KARKARE S/O DINAKAR KARKARE - 3 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 AGED ABOUT 45 YEARS, R/A C-003 RAHEJA RESIDENCY III BLOCK, KORAMANGALA BENGALURU - 560 034 11. SRI. S. PRASAD S/O LATE S. SIDDARAMAPPA AGED ABOUT 63 YEARS, NO.36, KALKUNJ 1ST EAST LINK ROAD MALLESWARAM BENGALURU - 560 017 12. SRI. S. D. MARULAPPA S/O LATE S SIDDARAMAPPA AGED ABOUT 63 YEARS, NO.36, KALAKUNJ 1ST EAST LINK ROAD MALLESWARAM BENGALURU - 560 017 13. SMT. S. VINUTHA W/O J. B. PRAKASH AGED ABOUT 51 YEARS, R/A NO.576, 23RD CROSS, 13TH MAIN, BANASHANKARI, II STAGE BENGALURU - 560 070 14. SRI. K. PRABHAKAR S/O LATE H. V. BHAT AGED ABOUT 64 YEARS, R/A BUILDING NO.43 DOOR NO.181, SHIRKE APARTMENT KENGERI UPANAGARA BENGALURU - 560 060 15. SRI. L R PARAMESHWARA S/O RAMAKRISHNA BHAT - 4 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 AGED ABOUT 50 YEARS, C/O ADARSHA SHASTRI BOMMASENA AGRAHARA KURUVALLI POST, THIRTAHALLI TLAUK SHIMOGA - 577 432 …PETITIONERS (BY SRI. SHIVARAMU H C., ADVOCATE A/W SRI. KESHAVA CHANDRA S. P., ADVOCATE) AND: 1. VENKATESH S/O LATE AVALAPPA MAJOR 2. MUNIYAPPA S/O LATE RAMAIAH MAJOR BOTH ARE R/A NO.1511/20, 9TH B MAIN, 6TH CROSS, BSK 1ST STAGE SRINIVASANAGAR BENGALURU - 560 050 …RESPONDENTS (BY SRI. VASANTH KUMAR B G., ADVOCATE FOR R1 - ABSENT; R2 IS SERVED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ORDER DATED 3.10.2020 PASSED ON IA NO.14 IN O.S.NO.3607/2014 BY THE LEARNED 11TH ADDL. CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY (CCH NO.8) PRODUCED AT ANNEXURE-J AND ALLOW IA NO.14 AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners are before this Court in this writ petition filed under Article 227 of the Constitution of India with a prayer to set-aside the order dated 03.10.2020 passed on IA No.14 in OS No.3607/2014 by the Court of XI Addl. City Civil Judge, Bengaluru City. 2. Heard. 3. OS No.3607/2014 is filed by the petitioners herein seeking the relief of permanent injunction in respect of the suit schedule property. In the said suit, contesting defendants have filed their written statement and opposed the suit claim. IA No.14 was filed on behalf of the plaintiff under Section 151 of CPC with a prayer to grant and ad-interim mandatory injunction directing defendants to maintain status-quo ante which was prevailing on 17.06.2014 by restoring the physical features of the suit schedule property of the plaintiffs and to remove the ready made cement slab fence erected during the Court holidays in view of COVID-19 pandemic. The said application was opposed by defendant Nos.2 and 4 by filing objections. The - 6 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 Trial Court vide the order impugned has rejected IA No.14 and being aggrieved by the same, petitioners are before this Court. 4. Perusal of the material on record would go to show that the Trial Court had granted an ad-interim order of status-quo on 13.05.2014 and the same was continued until further orders by order dated 17.06.2014. Alleging disobedience of the aforesaid two orders dated 13.05.2014 and 17.06.2014 passed in OS No.3607/2014, plaintiffs have initiated proceedings against defendants under Order XXXIX Rule 2A of CPC which is pending consideration before the Trial Court in Misc No.357/2020. During the pendency of the proceedings initiated under Order XXXIX Rule 2A of CPC, IA No.14 was filed with a prayer to pass an ad-interim order of mandatory injunction directing the defendants to maintain status-quo ante which was prevailing on 17.06.2014 by restoring physical features of the suit schedule property of the plaintiffs and to remove the ready made cement slab fence erected during the Court holidays during Covid-19 period. Undisputedly, proceedings initiated against defendants by the plaintiffs under Order XXXIX Rule 2A - 7 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 of CPC in Misc No.357/2020 is pending consideration before the Trial Court. 5. A reading of the averments found in the petition filed under Order XXXIX Rule 2A of CPC would go to show that the allegation against the defendants in the said proceedings is that the defendants have violated the order of status-quo passed in OS No.3607/2014 on 13.05.2014, which was continued until furthers on 17.06.2014. The prayer made in IA No.14 is to restore staus-quo ante that was prevailing as on 17.06.2014 and also to direct the defendants to remove the ready made cement slab fence erected by them during the Court holidays in Covid-19 pandemic, in violation of the ad-interim order of status-quo which was granted in OS No.3607/2014. In my considered opinion, pending adjudication of the proceedings initiated under Order XXXIX Rule 2A of CPC, the prayer made in IA No.14 cannot be granted. In the event, any finding is recorded in IA No.14, the same is likely to have a bearing in the proceedings that has been initiated by the plaintiffs against the defendants under Order XXXIX Rule 2A of CPC. Therefore, the Trial Court was not justified in considering IA No.14 - 8 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 pending disposal of Misc No.357/2020 and on this short point, the order impugned needs to be set-aside. Learned counsel for the petitioners, at this juncture, submits that proceedings initiated under Order XXXIX Rule 2A of CPC is pending consideration for the last five years before the Trial Court and therefore, the Trial Court be directed to dispose off the same on merits within a time frame. Accordingly, the following order:- 6. The writ petition is allowed. The order impugned dated 03.10.2020 passed on IA No.14 in OS No.3607/2014 by the Court of XI Addl. City Civil Judge, Bengaluru City, is set-aside and the matter is remitted to the Trial Court with a direction to the Trial Court to consider IA No.14 after disposal of Misc. No.357/2020. 7. It is needless to state that endeavours shall be made by the Trial Court to dispose off Misc. No.357/2020 as expeditiously as possible but not later than a period of six months from the date of receipt of a copy of this order. - 9 - HC-KAR NC: 2025:KHC:51426 WP No. 11992 of 2020 8. In view of the disposal of the main petition, pending interlocutory application, if any, does not survive for consideration. Accordingly, the same is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 29