- 1 - HC-KAR NC: 2025:KHC:32269 WP No. 23299 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. 23299 OF 2025 (GM-CPC) BETWEEN: DR K N SATISH AGED ABOUT 72 YEARS, S/O LATE SRI K N NAGARAJ NO.45, 2ND FLOOR, 11TH MAIN ROAD 13TH CROSS, MALLESHWARAM BENGALURU-560003 …PETITIONER (BY SRI. JAYANTH V., ADVOCATE) AND: BAJAJ FINANCE LTD NO.801 TO 805, 8TH FLOOR, PRESTIGE TOWER RESIDENCY ROAD BENGALURU-560025 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF O.S NO. 1419/25 ON THE FILE OF THE 1ST ADDL. SENIOR CIVIL JUDGE, BENGALURU RURAL AND SET ASIDE THE ORDER DTD 30.07.25 (ANNX-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32269 WP No. 23299 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri Jayanth V., learned counsel appearing for the petitioner and Shri Francis Xavier, learned counsel appearing for the respondent. 2. The petitioner is before this court on the ground that the concerned court only issues emergent notice, despite an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 ('the CPC' for short) seeking temporary injunction against the respondents. Owing to the urgency in the matter, this court has granted temporary injunction dated 04.08.2025, which reads as follows: "The petitioner shall serve the counsel for the respondent by way of hand summons. List the matter on 20.08.2025. Till such time, temporary injunction as sought in application under Order XXXIX Rule 1 and 2 of CPC is granted. There shall be an interim injunction as sought for before the concerned Court till the next date of hearing." 3. The learned counsel appearing for the respondent - Bank has now entered appearance and would submit that the - 3 - HC-KAR NC: 2025:KHC:32269 WP No. 23299 of 2025 concerned court be directed to consider the application on hearing both the parties. 4. In the light of the said submission of the respondent's counsel, which is not opposed to by the petitioner's counsel, I deem it appropriate to dispose the petition directing the concerned court to pass an order on the application under Order XXXIX Rules 1 and 2 of the CPC after hearing both the parties, within an outer limit of four weeks from the date of receipt of the copy of this order. 5. In the light of the interim order subsisting in the subject petition, the same would continue till the next four weeks or the order that would be passed under Order XXXIX Rules 1 and 2 of the CPC by the concerned court. 6. It is needless to observe that the respondent - defendant has every right to defend the actions. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 48