- 1 - HC-KAR NC: 2025:KHC:32402 WP No. 10415 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10415 OF 2025 (GM-CPC) BETWEEN: SRI. NAGARAJA S/O LATE GUTTHIAHA AGED ABOUT 64 YEARS, R/AT ADDEVISHWANANTHAPURA VILLAGE, HESARAGHATTA HOBIL, YELAHANKA TALUK, BENGALURU TALUK-560063. …PETITIONER (BY MISS. VIJAYASHREE M., ADVOCATE) AND: 1. M/S VISHWA PROJECTS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.48, 1ST FLOOR, 9TH ‘A’ MAIN, INDIRANAGAR BENGALURU-560 038 REP. BY ITS PARTNERS. 2. MR. K.V. NARAYANAN S/O LATE K.M. VARADACHARI AGED ABOUT 57 YEARS, NO.836, 3RD MAIN ‘E’ BLOCK, 2ND STAGE, RAJAJINAGAR BENGALURU-560 010. 3. MR. C. MURALIKRISHNA SHASTRY S/O C.P. NARASIMHA SHASTRY AGED ABOUT 45 YEARS Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32402 WP No. 10415 of 2025 NO.48, 1ST FLOOR, 9TH ‘A’ MAIN, INDIRANAGAR BENGALURU-560 038. 4. SRI MUNIRANGAIAH S/O LATE GUTTHAIAH AGED ABOUT 69 YEARS ADDEVISHWANATHAPURA VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU NORTH-560063. 5. SRI KRISHNAPPA S/O LATE GUTTHAIAH, AGED ABOUT 58 YEARS ADDEVISHWANATHAPURA VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU NORTH-560063. 6. SRI NARAYANAPPA S/O LATE GUTTHAIAH, AGED ABOUT 58 YEARS ADDEVISHWANATHAPURA VILLAGE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU NORTH-560063. …RESPONDENTS (BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI SARAVANA S. ADVOCATE FOR R1 TO R3; VIDE ORDER DATED 7/4/2025 NOTICE TO R4 TO R6 IS D/W) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.03.2025 PASSED ON I.A.NO.1 IN O.S.NO.463/2025 BY THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT AT BENGALURU VIDE ANNEXURE-A AND ETC THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32402 WP No. 10415 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Miss Vijayashree M, learned counsel appearing for petitioner and Sri D R Ravishankar, learned senior counsel appearing for respondents 1 to 3. 2. The petitioner is before this Court calling in question the order of the concerned Court dated 22-03-2025 which declines to grant temporary injunction while issuing emergent notice. The co-ordinate bench of this Court, in order to protect the interest of the petitioner, albeit temporary, granted an order of status quo on 07-04-.2025. It was at a stage when the respondents had not been represented. The said order reads as follows: “The learned counsel for petitioner has filed a memo seeking dispensation of service of notice to respondent Nos.4 to 6. The memo is taken on record. Service of notice to respondent Nos.4 to 6 is dispensed with at the risk of the petitioner. Issue notice to respondent Nos.1 to 3. - 4 - HC-KAR NC: 2025:KHC:32402 WP No. 10415 of 2025 In addition, the petitioner is permitted to take out hand summons to respondent Nos.1 to 3. Parties are directed to maintain status-quo in respect of the petition schedule properties, till next date of hearing.” 3. The learned senior counsel who now represents the respondents/defendants would vehemently oppose grant of continuance of the interim order of status quo, on the score that the very petitioner was defendant no. 2 in a partition suit instituted, and the partition suit gets dismissed. The dismissal of which is called in question before this Court in RFA No. 674 of 2017. The present suit is preferred seeking injunction against the other co-owners of the property, which is not even entertainable is the submission of the learned senior counsel. 4. In the light of the application pending before the concerned Court, I deem it appropriate not to enter into the merit of the claim of the parties and direct the concerned court to dispose of the application filed under Order XXXIX Rules 1 and 2 of the CPC, in the subject suit with an outer limit of 15 days from the date of receipt of the copy of the order. - 5 - HC-KAR NC: 2025:KHC:32402 WP No. 10415 of 2025 5. The interim order of status quo granted by the coordinate bench is in operation till today. In the light of it being in operation, I deem it appropriate to continue the same for a period of 2 weeks from the date on which this order would get uploaded on the website. The concerned Court shall hear both the parties and pass necessary orders on the application on or before 20-9-2025, as the counsels would submit that the next day of listing before the concerned Court is on 04-09-2025. 6. It is made clear that this Court has not considered the merit of the claim of the petitioner. Merely because the interim order is continued for a period of 2 weeks from the date of receipt of the copy of the order, it does not mean that the concerned Court should grant an interim order without adhering to law. The application under Order XXXIX Rules 1 and 2 shall be answered strictly in consonance with law. The concerned Court is at liberty to pass necessary orders on the day of its listing on 04-09-2025, but is bound to complete the proceedings qua Order XXXIX Rules 1 and 2 before 20-9-2025. - 6 - HC-KAR NC: 2025:KHC:32402 WP No. 10415 of 2025 Petition stands disposed accordingly. Consequently, I.A.No.1 of 2025 also stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 68