- 1 - HC-KAR NC: 2025:KHC:36667 WP No. 26506 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26506 OF 2025 (GM-CPC) BETWEEN: 1. PADMA, W/O GANGAPPA, AGED ABOUT 57 YEARS, 2. CHEATHAN KUMAR, S/O GANGAPPA, AGED ABOUT 32 YEARS, 3. CHAITRA, D/O GANGAPPA, AGED ABOUT 30 YEARS, PETITIONER NOS.1 TO 3 ARE RESIDING AT NO.22, 11TH CROSS, CHOLURUPALYA, MAGADI ROAD, BENGALURU – 560 023. 4. KRISHNAPPA, S/O RAMAYYA @ RAMANNA, AGED ABOUT 59 YEARS, 5. HANUMANTHARAJU, S/O KRISHNAPPA, AGED ABOUT 32 YEARS, PETITIONER NOS. 4 AND 5 ARE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36667 WP No. 26506 of 2025 RESIDING AT KARENAHALLI, KEMPASAGARA, MAGADI TALUK, RAMANAGARA – 562 120. 6. LAKSHMAMMA, W/O KEMPANNA, AGED ABOUT 61 YEARS, RESIDING AT NO.22, 11TH CROSS, VIJAYANAGAR PIPE LINE, CHOLURPALYA, MAGADI ROAD, BENGALURU – 560 023. 7. CHANDRU, S/O RAMAYYA @ RAMANNA, AGED ABOUT 50 YEARS, RESIDING AT ABBANAKUPPE, ITTMADU, RAMANAGARA – 562 109. 8. SHANTHAMMA, W/O HANUMANTHAPPA, AGED ABOUT 68 YEARS, RESIDING AT NO.22, 11TH CROSS, PIPE LINE ROAD, VIJAYANAGAR, CHOLURUPALYA, BENGALURU – 560 040. 9. LAKSHMAMMA, W/O NAGARAJU, AGED ABOUT 63 YEARS, 10. SAROJA N, D/O NAGARAJU, AGED ABOUT 49 YEARS, - 3 - HC-KAR NC: 2025:KHC:36667 WP No. 26506 of 2025 11. MANJULA, D/O NAGARAJU, AGED ABOUT 48 YEARS, PETITIONER NOS. 9 TO 11 ARE RESIDING AT NO.22, 11TH CROSS, VIJAYANAGAR PIPE LINE, COLURPALYA, MAGADI ROAD, BENGALURU – 560 023. 12. NAGAMANI, D/O KEMPAIAH, AGED ABOUT 45 YEARS, RESIDING AT MATHIKERE GRAMA, MADBAL HOBLI, MAGADI TALUK – 562 120. …PETITIONERS (BY SRI.NAVEEN KUMAR M., ADVOCATE) AND: 1. JAYALAKSHMAMMA, W/O HANUMAIAH, AGED ABOUT 60 YEARS, 2. PUTAMMA, W/O RAMAIAH, AGED ABOUT 58 YEARS, 3. MANJUNATHA, S/O KALAIAH, AGED ABOUT 50 YEARS, 4. MITHUN, S/O MANJUNATH, - 4 - HC-KAR NC: 2025:KHC:36667 WP No. 26506 of 2025 AGED ABOUT 25 YEARS, 5. HANUMANTHA, S/O KALAIAH, AGED ABOUT 55 YEARS, 6. NAGARAJ, S/O HANUMAIAH, AGED ABOUT 35 YEARS, 7. PRAVEEN, S/O HANUMANTHA, AGED ABOUT 30 YEARS, RESPONDENT NOS. 1 TO 7 ARE RESIDING AT JYOTHINAGARA EXTENSION, NEAR ANJANEYA TEMPLE, D.K.ROAD, MAGADI TOWN, RAMANAGARA DISTRICT – 562 120. 8. RAJASHEKAR, S/O KALAIAH, AGED ABOUT 47 YEARS, RESIDING AT NO.240, 2ND CROSS, SHIVNANDA NAGARA, HEGANAHALLI, BENGALURU – 560 091. …RESPONDENTS (BY SRI. MANJUNATH M.R., ADVOCATE FOR R1 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 18.07.2025 AT ANNX-J MADE BY THE LEARNED ADDL. CIVIL JUDGE AT MAGADI ON THE INTERLOCUTORY APPLICATION NO. 1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC 1908 BY THE PETITIONER IN OS NO. 231/2025 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:36667 WP No. 26506 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayers: “1. To issue a writ of certiorari quashing the order dated 18.07.2025 at Annexure-J made by the learned Addl. Civil Judge at Magadi on the Interlocutory Application no.1 filed under Order 39 Rule 1 & 2 of CPC, 1908, by the Petitioners in OS No.231/2025. 2. To issue appropriate order or direction in the nature of mandamus restraining the Respondents their agents, servants or anybody acting under or through them from alienating, creating encumbrance, altering or creating third party interest over the suit schedule properties, till disposal of Interlocutory Application no.1 & 2 filed by the Petitioners for ad-interim exparte temporary injunction, by the court below. 3. To issue any other order or direction which this Hon'ble Court deems fit in the facts and circumstances of the case and in the interest of Justice and equity.” 2. Heard Sri.Naveen Kumar M, learned counsel appearing for the petitioners and Sri.Manjunath M.R., learned counsel appearing for respondent Nos.1 to 8 and have perused the material on record. - 6 - HC-KAR NC: 2025:KHC:36667 WP No. 26506 of 2025 3. Petitioners are before this Court on a circumstance that the concerned Court does not grant an ex parte injunction as was sought for. Owing to the submissions of learned counsel for the petitioners, this Court on 01.09.2025 had passed the following order: “The learned counsel appearing for the petitioners shall serve on the counsel, who represents the respondents by way of hand summons. List this matter on 15.09.2025, in preliminary hearing. There shall be an injunction as was sought before the concerned court, till the next date of hearing.” Now the respondents are represented. 4. In that light, I deem it appropriate to direct the concerned Court to dispose the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, within an outer limit of six weeks from the date of receipt of copy of the order. 5. In the light of the interim order subsisting, the same shall continue till the outer limit of disposal as is indicated herein above. - 7 - HC-KAR NC: 2025:KHC:36667 WP No. 26506 of 2025 Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 58 CT:SS