- 1 - HC-KAR NC: 2025:KHC:36114 MFA No. 6723 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6723 OF 2025 (CPC) BETWEEN: 1. SHRI K. GANESH SON OF LATE M. KRISHNAPPA, AGED ABOUT 48 YEARS, 2. SHRI. C. MANJU SON OF SHRI. M. CHANNARAYA REDDY, AGED ABOUT 47 YEARS, BOTH ARE RESIDENTS OF NO.329, 'VEERABHADRA NILAYA', 3RD CROSS, KODIHALLI, OLD AIRPORT ROAD, BANGALORE. …APPELLANTS (BY SRI. ARUN B.M., ADVOCATE) AND: 1. SHRI GOVIND REDDY SON OF LATE SHRI MUNIYAPPA, AGED ABOUT 69 YEARS, REPRESENTED BY GPA HOLDER SRI G. RAVI REDDY S/O GOVIND REDDY. 2. SHRI G RAVI REDDY SON OF SHRI GOVIND REDDY AGED ABOUT 39 YEARS, BOTH ARE RESIDENTS OF NO.19/1 THIRUPALYA VILLAGE, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36114 MFA No. 6723 of 2025 NEXT TO GOVERNMENT SCHOOL, TOWARDS HULIMANGALA ROAD, BOMMASANDRA INDUSTRIAL AREA, BENGALURU-560 099. 3. SMT. Y. SUGUNA WIFE OF LATE M. KRISHNAPPA, AGED ABOUT 72 YEARS, 4. SHRI. K MUNIRAJ SON OF LATE M. KRISHNAPPA, AGED ABOUT 50 YEARS 5. SHRI PRITHVI KRISH SON OF SHRI. K. MUNIRAJ, AGED ABOUT 13 YEARS, 6. MASTER ROHAN REDDY SON OF SHRI. K. MUNIRAJ, AGED ABOUT 10 YEARS, 7. KUMARI NEHA DAUGHTER OF SHRI. K. GANESH, AGED ABOUT 18 YEARS, 8. MASTER NITHEN SON OF SHRI. K. GANESH, AGED ABOUT 10 YEARS, 9. SMT. K. PADMA DAUGHTER OF LATE M. KRISHNAPPA, AGED ABOUT 49 YEARS, 10. MASTER SHREYASH SON OF MRS. K. PADMA, AGED ABOUT 16 YEARS, 11. SMT. K. BHAGYA DAUGHTER OF LATE M. KRISHNAPPA, AGED ABOUT 47 YEARS, - 3 - HC-KAR NC: 2025:KHC:36114 MFA No. 6723 of 2025 12. MR. MANISH SON OF SMT. K. BHAGYA, AGED ABOUT 23 YEARS, 13. MR. LOHITH SON OF SMT. K. BHAGYA, AGED ABOUT 19 YEARS, 14. KUMARI. KAVITHA DAUGHTER OF LATE M. KRISHNAPPA, AGED ABOUT 39 YEARS, 15. SHRI. M. CHANNARAYA REDDY, SON OF LATE MUNIYAPPA, AGED ABOUT 73 YEARS, 16. SMT. Y. VANALAKSHMI WIFE OF SHRI. M. CHANNARAYA REDDY, AGED ABOUT 64 YEARS, 17. SHRI. C. VIJAYA KUMAR SON OF M. CHANNARAYA REDDY, AGED ABOUT 45 YEARS, 18. KUMARI MAHALAKSHMI DAUGHTER OF SHRI. C. CHANARAYA REDDY, AGED ABOUT 23 YEARS, 19. MASTER CHIRAG SON OF SHRI. C. VIJAYAKUMAR, AGED ABOUT 16 YEARS, 20. SMT. HEMAVATHI DAUGHTER OF M. CHANNARAYA REDDY, AGED ABOUT 49 YEARS, 21. KUMARI NAVYA DAUGHTER OF SMT. HEMAVATHI, AGED ABOUT 23 YEARS, - 4 - HC-KAR NC: 2025:KHC:36114 MFA No. 6723 of 2025 22. MASTER ANKITH SON OF SMT. HEMAVATHI, AGED ABOUT 19 YEARS, 23. SMT. USHA DAUGHTER OF SHRI. M. CHANNARAYA REDDY, AGED ABOUT 46 YEARS, 24. MASTER GURUSWAROOP, SON OF SMT. USHA, AGED ABOUT 15 YEARS, RESPONDENT NOS.5 & 6 REP. BY R4 SRI. K. MUNIRAJ RESPONDENT NO.7 REP. BY APPELLANT NO.1 K. GANESH RESPONDENT NO.10 REP. BY R9 , SMT. K. PADMA RESPONDENT NO.16 REP. BY R17 C. VIJAYA KUMAR, RESPONDENT NO.24 REP. BY R23 SMT. USAH RESPONDENTS NO.3 TO 24 ARE RESIDENTS OF NO.329 'VEERABHADRA NILAYA', 3RD CROSS, KODIHALLI, AIRPORT ROAD, BANGALORE-560 008. 25. SMT. CHANNAMMA DAUGHTER OF SHRI MUNIYAPPA, AGED ABOUT 75 YEARS, RESIDENT OF THIRUPALYA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU-560099. 26. MR. KISHORE KUMAR SON OF SHRI SHANTHILAL, AGED ABOUT 51 YEARS, RESIDING AT FLAT NO.102, 1ST FLOOR, NO.432, 30TH CROSS, 7TH 'B' MAIN, 4TH BLOCK, JAYANAGAR, BENGALURU-560011. 27. M/S METRIK INFRA PROJECTS PVT. LTD., A COMPANY (R) AND INCORPORATED UNDER - 5 - HC-KAR NC: 2025:KHC:36114 MFA No. 6723 of 2025 COMPANIES ACT, 1956, HAVING ITS OFFICE AT FLOOR-111, 1ST FLOOR, 99/100 PRESTIGE TOWERS BENGALURU-560 025. REPRESENTED BY ITS MANAGING DIRECTOR SRI KISHORE KUMAR S/O SHANTHILAL. …RESPONDENTS (BY SRI. H. SUNIL KUMAR, ADVOCATE FOR C/R1) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 02.07.2025 PASSED ON I.A.NOs.1 AND 2 IN OS.NO.4625/2025 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH 6). THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. The appellants/defendant Nos.5 and 19 have filed this appeal questioning the order of ex-parte temporary injunction dated 02.07.2025 in O.S.No.4625/2025 on the file of XXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-6). - 6 - HC-KAR NC: 2025:KHC:36114 MFA No. 6723 of 2025 3. It is grievance of appellants/defendant Nos.5 and 19 that the Trial Court has passed an order of ex-parte temporary injunction dated 02.07.2025 and directed the plaintiffs to comply with the provisions under Order XXXIX Rule 3(A) of CPC and issued summons to the defendants. Thereafter, for three consecutive dates, the Trial Court has not passed order, but simply extended the order of ex-parte temporary injunction, by which, according to the learned counsel appearing for the appellants, the defendants’ right is affected. 4. The order impugned herein is granting an order of ex-parte temporary injunction. The applications I.A.Nos.1 and 2 are still pending for consideration before the Trial Court. 5. According to the learned counsels appearing for the parties, the defendants have filed objections to the said applications and addressed their respective arguments and thereafter, the Trial Court has posted the - 7 - HC-KAR NC: 2025:KHC:36114 MFA No. 6723 of 2025 matter for orders on I.A.Nos.1 and 2, but the Trial Court even after three consecutive days has not passed order on I.A.Nos.1 and 2. Therefore, appellants/defendant Nos.5 and 19 have preferred this instant appeal on the ground that it is mandatory on part of the Trial Court to pass an order within a period of 30 days, but the Trial Court has not passed the order. Therefore, aggrieved by this, the present appeal is preferred. The learned counsel places reliance on the judgment of Hon’ble Supreme Court in the case of A. VENKATASUBBAIAH NAIDU VS. S. CHELLAPPAN AND OTHERS1. 6. Learned counsel for the respondents submitted that now the Trial Court has scheduled the date for orders i.e., on 17.09.2025. Therefore, the appropriate recourse to be taken is to issue direction to the Trial Court to pass orders on I.A.Nos.1 and 2 without keeping the applications pending on the scheduled date of 17.09.2025. If this direction is issued, it would suffice at this stage; therefore, 1 (2007) 7 SCC 695 - 8 - HC-KAR NC: 2025:KHC:36114 MFA No. 6723 of 2025 with a direction to the Trial Court to dispose of the applications I.A.Nos.1 and 2 and pass appropriate orders in accordance with law on its merits on the scheduled next date of hearing, the appeal is disposed off. 7. Registry is directed to communicate this order immediately to the Trial Court. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 59