- 1 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.37307 OF 2025 (GM-CPC) BETWEEN: 1. APARTMENT OWNERS' ASSOCIATION OF RAJ LAKE VIEW A SOCIETY REGISTERED UNDER KARNATAKA SOCIETY REGISTRATION ACT, 1960 AND HAVING ITS REGISTERED OFFICE AT NO. 3761, 29TH MAIN, BTM LAYOUT 2ND STAGE, N.S PALYA MAIN ROAD BENGALURU - 560 076 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, MR. HARSHA PADE 2. ICHANAHALLI VENKATASUBBA RAO NAGENDRA S/O SRI I.N. VENKATA SUBBA RAO AGED ABOUT 64 YEARS R/AT C-1203, RAJ LAKE VIEW APARTMENTS RANKA COLONY ROAD, BTM LAYOUT 2ND STAGE BENGALURU 560 076 3. T.M SWAMINATHAN S/O T.R MADHAVAN AGED ABOUT 53 YEARS R/AT NO. LYDIA-207 SNN RAJ LAKE VIEW APARTMENTS 29TH MAIN, BTM LAYOUT, 2ND STAGE N.S PALYA MAIN ROAD BENGALURU 560 076 4. USHA RAJAGOPAL W/O RAJAGOPAL AGED ABOUT 53 YEARS R/AT NO. KASBA-601 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 SNN RAJ LAKE VIEW APARTMENTS 29TH MAIN, BTM LAYOUT, 2ND STAGE N.S PALYA MAIN ROAD BENGALURU -560 076 5. SUDARSHAN KHANDIGE S/O BALARAM KHANDIGE AGED ABOUT 54 YEARS R/AT NO. KASBA-901 SNN RAJ LAKE VIEW APARTMENTS, PHASE-1 29TH MAIN, BTM LAYOUT, 2ND STAGE N.S. PALYA MAIN ROAD BENGALURU 560 076 6. ARBIND KUMAR GUPTA S/O CHANDAN PRASAD GUPTA AGED ABOUT 61 YEARS R/AT NO. NYASA-106, SNN RAJ LAKE VIEW APARTMENTS, PHASE 1, 29TH MAIN, BTM LAYOUT, 2ND STAGE N.S. PALYA MAIN ROAD BENGALURU 560 076 7. SUMANA RAY W/O SIDDHARTHA S ROY AGED ABOUT 53 YEARS R/AT NO. KASBA-801, SNN RAJ LAKE VIEW APARTMENTS, PHASE -1, 29TH MAIN BTM LAYOUT, 2ND STAGE N.S. PALYA MAIN ROAD BENGALURU - 560 076 …PETITIONERS (BY SMT. SNEHA NAGARAJ.,ADVOCATE) AND: 1. S N BUILDERS AND DEVELOPERS ITS A PARTNERSHIP FIRM HAVING REGISTERED OFFICE AT SNN MIND'S EYE NO. 4, 2ND FLOOR DIAGONAL ROAD - 3 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 3RD BLOCK, JAYANAGAR BENGALURU - 560 011 REP. BY ITS PARTNER MR. SHAH SANJAY 2. SNN CONSTRUCTIONS PRIVATE LIMITED HAVING REGISTERED OFFICE AT NO. 52/A, RAJ COMPLEX 3RD, 7TH B MAIN ROAD 4TH BLOCK, JAYANAGAR BENGLARUU- 560 011 REPRESENTED BY ITS DIRECTOR, MR. RAMESH CHANDRA AGARWAL 3. MR. NITIN AGARWAL S/O RAMESH CHANDRA AGARWAL AGED ABOUT 44 YEARS R/AT FLAT. NO. N-1708 SNN RAJ LAKE VIEW, 29TH MAIN NS PALYA, NEAR MADIWALA LAKE BTM LAYOUT 2ND STAGE BENGALURU - 560 076 4. MRS.ARUNA AGARWAL W/O RAMESH CHANDRA AGARWAL AGED ABOUT 70 YEARS, R/AT FLAT. NO. N-1708 SNN RAJ LAKE VIEW, 29TH MAIN NS PALYA, NEAR MADIWALA LAKE BTM LAYOUT 2ND STAGE BENGALURU 560 076 5. SANJAY SHAH S/O LATE SHAH SAJJAN RAJA AGED ABOUT 54 YEARS R/AT FLAT. NO. N-1701 SNN RAJ LAKE VIEW, 29TH MAIN, NS PALYA NEAR MADIWALA LAKE, BTM LAYOUT 2ND STAGE BENGALURU - 560 076 - 4 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 6. RAMESH CHANDRA AGARWAL S/O LATE KUMARESHAN AGARWAL AGED ABOUT 73 YEARS R/AT FLAT. NO.N-1708, SNN RAJ LAKE VIEW 29TH MAIN, NS PALYA NEAR MADIWALA LAKE BTM LAYOUT 2ND STAGE BENGALURU - 560 076 7. SNN RAJ CORP A LIMITED LIABILITY PARTNERSHIP REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT, 2008 HAVING REGISTERED OFFICE AT 4/A 2ND FLOOR, ELEPHANT ROCK ROAD JAYANAGAR 3RD BLOCK BENGALURU - 560 011 REPRESENTED BY ITS AUTHORISED SIGNATORY MR. SANJAY SHAH 8. SNN ESTATES A LIMITED LIABILITY PARTNERSHIP REGISTERED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT, 2008 HAVING REGISTERED OFFICE AT 3RD FLOOR, POTENTIAL HOUSE, 35/B 1ST MAIN ROAD, 3RD PHASE JP NAGAR BENGALURU - 560 078 REP. BY ITS AUTHORISED SIGNATORY MR.RAMESH CHANDRA AGARWAL … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE IX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-5), BENGALURU TO EXTEND THE EX-PARTE INTERIM ORDER GRANTED IN OS NO. 2976/2024ON 12.06.2024 AND CONTINUE SUCH INTERIM PROTECTION UNTIL FURTHER - 5 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 ORDERS OF THE IX TH ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-5) IN ANNX-F.B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioners. 2. This writ petition is filed by the petitioner/plaintiff praying to direct the trial Court to extend the exparte interim order granted on 12.6.2024 in O.S. No.2976/2024 until further orders and for other reliefs. 3. Parties shall be referred to as per their ranking before the trial Court. 4. The petitioners/plaintiffs filed a suit in O.S. No.2976/2024 before the trial Court for Permanent Injunction and other reliefs. Alongwith the suit, the petitioners/plaintiffs filed I.A No.3/2024 under Order - XXXIX Rules 1 and 2 of the Code of Civil Procedure for Temporary Injunction. Upon hearing the said application, the trial Court vide order dated 12.6.2024 granted an ad- - 6 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 interim order of Temporary Injunction as prayed for in I.A. No.3/2024 till the next date of hearing. 5. It is the contention of learned counsel for petitioners that from the date of granting the interim order 12.6.2024, the trial Court extended the said interim order on every date of hearing till 2.12.2025, on the basis of the application for extension of the interim filed by the plaintiffs on every date of hearing. It is submitted that on 2.12.2025 learned counsel for plaintiffs was not present before the trial Court when the matter was initially called out as he was held up in another Court. On the very same day, learned counsel mentioned before the Court and sought leave of the Court to advance the matter and accordingly filed an application for advancement of the matter for seeking extension of the interim order. The said application for advancement came to be allowed and the matter was listed on 4.12.2025 at the instance of the plaintiffs, who filed an application under Section 151 of CPC for extension of the interim order. The trial Court - 7 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 without considering the said application, posted the matter for objections. Aggrieved by non-extension of the interim order, the petitioners are before this Court. 6. This Court does not find any need or necessity to issue notice to the respondents/defendants as the short point for consideration is non-extension of the interim order by the learned trial Judge on 2.12.2025. 7. Apparently, it is borne from the records that an ad-interim order of Temporary Injunction came to be passed by the learned trial Judge on 12.6.2024 and the trial Court extended the said interim order on every date of hearing except on 2.12.2025. 8. In the present case, it is seen that it is not for a very long time that the interim order is not extended. It is seen that on 2.12.2025 learned counsel for plaintiffs was not present before the trial Court when the matter was initially called out as he was held up in another Court. On the very same day, learned counsel mentioned before the court and sought leave of the Court to advance the - 8 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 matter and accordingly filed an application for advancement of the matter for seeking extension of the interim order. The said application came to be allowed and the matter was listed on 4.12.2025 at the instance of the plaintiffs, who filed an application under Section 151 of CPC for extension of the interim order. The trial Court without considering the said application, posted the matter for objections. This is not the correct procedure to be followed. 9. It is well settled that once the interim order is granted by the trial Court, unless the same is vacated by the Court or a specific order is made that it is not extended, the interim order continues to operate till it is recalled, vacated or modified or specifically mentioned by a Court that the same is not extended. It is always open to the trial Court to accept the objections of the respondents/defendants and hear both sides and extend/vacate /modify the interim order. Till then, the interim order ought to have been continued. However, - 9 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 since the interim order is not extended from 2.12.2025 till this order, any action by the respondents/defendants during this period cannot be contended to be disobedience of the order. 10. In view of the above, this Court deems it appropriate to pass the following: O R D E R i) The petition is allowed in part. ii) The interim order granted by the trial Court in O.S. No.2976/2024 on 12.6.2024 shall continue till disposal of I.A. No.3/2024 (Annexure-E) filed under Order – XXXIX Rules 1 and 2 of CPC. iii) It is made clear that the petitioners/plaintiffs will not have liberty to initiate any action against the respondents/ defendants for disobedience of the interim order during the period of non-extension of the interim order dated 12.6.2024. iv) It is open to the respondents/defendants to argue on the application, if necessary. - 10 - HC-KAR NC: 2025:KHC:54678 WP No. 37307 of 2025 v) It is needless to state that this Court has not expressed any opinion on merits of the application or the main matter. vi) The trial Court shall make an endeavour to dispose of the application filed under Order XXXIX Rules 1 & 2 of CPC expeditiously. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 31