- 1 - HC-KAR NC: 2025:KHC:30923 WP No. 23037 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.23037 OF 2025 (GM-CPC) BETWEEN: 1. SRI. MAHESH S, S/O SUBBAPPA, AGED ABOUT 33 YEARS, 2. SUBBAPPA @ MADAPPA, S/O MUNISAPPA, AGED ABOUT 70 YEARS, BOTH RESIDING AT NO.12 AND 13, SY.NO.91/P29, RAYASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-560099. …PETITIONERS (BY SRI. ALLAH BAKASH M., ADVOCATE) AND: SRI. MANJUNATH K, S/O KRISHNAPPA, AGED ABOUT 32 YEARS, R/AT NEAR MADDURAMMA TEMPLE, HUSKUR POST, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-560099. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT DECIDE APPLICATION IA NO. 2 UNDER ORDER 39 RULE 4 CPC FILED BY THE PETITIONERS IN SUIT OS NO.2/2024 PENDING ON THE FILE OF 3RD ADDL. CIVIL JUDGE AND JMFC ANEKAL, VIZ ANNEXURE-A FORTHWITH, OR SUCH OTHER Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30923 WP No. 23037 of 2025 RELIEF AS THIS HONORABLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayer: "Issue Writ, order, direction, or writ of mandamus directing the trial court decide application IA No.2 under order 39 rule 4 CPC filed by the petitioners in suit O.S.No.2/2024 pending on the file of 3rd Addl. Civil Judge and JMFC, Anekal, viz Annexure-A forthwith, or such other relief as this Hon'ble court deems fit, in the interest of justice and equity." 2. Heard Sri.Allah Bakash M., learned counsel appearing for the petitioners and have perused the material on record. 3. The petitioners are the defendants. The plaintiff institutes O.S.No.2/2024. On an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, an ex parte temporary injunction is granted. The petitioners prefer an application under Order XXXIX Rule 4 of CPC seeking vacation - 3 - HC-KAR NC: 2025:KHC:30923 WP No. 23037 of 2025 of the said order of temporary injunction. The said application is not considered. The learned counsel takes this court through the documents appended to the petition to demonstrate that 19 adjournments are granted to the plaintiff on one pretext or the other. Therefore, they are before the Court seeking a direction for consideration of the application under Order XXXIX Rule 4 of CPC. 4. In the light of the aforesaid circumstance, the concerned Court shall endeavour to pass necessary orders on an application under Order XXXIX Rule 4 of CPC, within an outer limit of four weeks from today, if not earlier. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 107