- 1 - HC-KAR NC: 2025:KHC:32737 WP No. 14436 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. 14436 OF 2025 (GM-CPC) BETWEEN: M/S. ADYU ESTATES REP. BY ITS PARTNER SRI. M.S.R.KRISHNAN, S/O SRI. M.R.S.NATHAN, AGED ABOUT 43 YEARS, NO.699, AVINASHI ROAD, COIMBATORE – 641 037. FINAL PURCHASER. …PETITIONER (BY SRI. KUMARA, ADVOCATE) AND: 1. SRI. H.N.PUTTANNA, S/O LATE H.NANJUNDAIAH, AGED ABOUT 63 YEARS, 2. SRI. H.N.SRIKANTA, S/O LATE H.NANJUNDAIAH, AGED ABOUT 50 YEARS, 3. SMT. SHANTHA, W/O SRI. H.NAGABHUSHAN RAO, AGED ABOUT 67 YEARS, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32737 WP No. 14436 of 2025 4. SRI. H.N.SHIVAKUMAR, S/O SRI. H.NAGABHUSHAN RAO, AGED ABOUT 43 YEARS, 5. SRI. H.N.CHANDRASHEKAR, S/O SRI. H.NAGABHUSHAN RAO, AGED ABOUT 39 YEARS, SL.NO.1 TO 5 ARE R/AT NO.292, 7TH CROSS, 10TH MAIN, BYRASANDRA, JAYANAGAR, BENGALURU - 560 011. 6. SMT. H.GIRIJAMBA, W/O LATE RAMAPRASADA, D/O LATE H.NANJUNDAIAH, AGED ABOUT 66 YEARS, RESIDING AT NO. 283, 1ST FLOOR, 3RD AVENUE, 3RD MAIN, TEACHERS' COLONY, KORAMANGALA 3RD BLOCK EAST, BENGALURU - 560 034. 7. SMT. H.N.SAVITHRAMMA @ SUNDARAMMA, W/O LATE M.S.SUBBA RAO, D/O LATE H.NANJUNDAIAH, AGED ABOUT 74 YEARS, RESIDING AT NO. 283, 2ND FLOOR, 3RD AVENUE, 3RD MAIN, TEACHERS' COLONY, KORAMANGALA 3RD BLOCK EAST, BENGALURU - 560 034. 8. SMT. H.N.SAROJAMMA, W/O SRI. KRISHNAMURTHY, D/O LATE H.NANJUNDAIAH, - 3 - HC-KAR NC: 2025:KHC:32737 WP No. 14436 of 2025 AGED ABOUT 72 YEARS, RESIDENT OF GANDHI CIRCLE, VARATHUR, BENGALURU. 9. SMT. H.N.VIJAYAMBA, W/O LATE GOPALA KRISHNA, D/O LATE H.NANJUNDAIAH, AGED ABOUT 70 YEARS, RESIDING AT NO. 283, GROUND FLOOR, 3RD AVENUE, 3RD MAIN, TEACHERS' COLONY, KORAMANGALA 3RD BLOCK EAST, BENGALURU - 560 034. 10. SMT. H.N.MANJULA, W/O PARASHURAMA MURTHY, D/O LATE H.NANJUNDAIAH, AGED ABOUT 55 YEARS, C/O. MR. H.N. PUTTANNA, NO. 7/21, 1ST FLOOR, 4TH CROSS, 5TH MAIN, BEHIND BSV TEMPLE, BSK 3RD STAGE, HOSAKEREHALLI, BENGALURU – 560 085. 11. SMT. SUBBALAKSHMI, W/O LATE SRI. MUNISONNAPPA, AGED ABOUT 66 YEARS, R/AT LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU – 562 114. 12. SMT. M.S.SUJATHA, W/O SRI. SUNDAR, D/O LATE SRI. MUNISONNAPPA, - 4 - HC-KAR NC: 2025:KHC:32737 WP No. 14436 of 2025 AGED ABOUT 48 YEARS, NO.418, CHIKKAKALLANSANDRA MAIN ROAD, NEAR MAHESH PHARMA, UTTARAHALLI HOBLI, SUBRAMANYAPURA, BENGALURU - 560 061. 13. SRI. VIJAYENDRA KUMAR L.M., S/O LATE SRI MUNISONNAPPA, AGED ABOUT 46 YEARS, R/AT LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 562 114. 14. SRI. LOKESH L.M., S/O LATE SRI. MUNISONNAPPA, AGED ABOUT 44 YEARS, NO.47, TUKE GROVE, UNITED KINGDOM, WF1 4SL. 15. SRI. PRADEEP KUMAR L.M., S/O LATE SRI MUNISONNAPPA, AGED ABOUT 42 YEARS, R/AT LOKKONDAHALLI VILLAGE, KASABA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU – 562 114. 16. SRI. R.MUNISHAMAPPA, S/O LATE SRI. MUNISHAMAPPA, AGED ABOUT 60 YEARS, R/AT PALANAHALLI THOTA, MARUTHI NAGAR, YELAHANKA, BENGALURU NORTH TALUK, BENGALURU - 560 064. - 5 - HC-KAR NC: 2025:KHC:32737 WP No. 14436 of 2025 17. SRI. B.K.NARAYANASWAMY, S/O KRISHNAPPA, AGED ABOUT 43 YEARS, R/AT NO.10, NANDAGOKULA NILAYA, S.BACHCHANALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 18. SRI. PAUL ANTONY, S/O ANTONY PAUL, AGED ABOUT 33 YEARS, R/AT NO.C-32, SHOBHA IVORY, ST. JOHN'S ROAD, BENGALURU - 560 042. 19. SRI. B.R.NARTHAN, S/O B.N.RAMACHANDRA, AGED ABOUT 34 YEARS, R/AT 153, MATHADAGUDDA ESTATE, BELAGODU VILLAGE AND HOBLI, UDAYAWARA POST, SAKALESHPURA TALUK, HASSAN DISTRICT, PRESENTLY RESIDING AT NO.38, 8TH MAIN, 7TH CROSS, HMT LAYOUT, RT NAGAR, BENGALURU - 560 032. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 22.01.2025 AT ANNEXURE-A REFUSING TO GRANT THE EXPARTE INTERIM ORDER ON IA NO. 2/2025 FILED BY THE PETITIONER IN OS NO. 68/2025 PENDING ON THE FILES OF THE BEFORE THE III ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, BENGALURU RURAL C/C II ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, BENGALURU RURAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:32737 WP No. 14436 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner is before this Court calling in question an order dated 22.01.2025 by which the concerned Court declines to grant temporary injunction in answer to an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, The subject petition is filed on 13.05.2025 while the emergent notice was issued on 22.01.2025. 2. Heard Sri.Kumara, learned counsel appearing for the petitioner and have perused the material on record. 3. Learned counsel for the petitioner submits that despite issuance of notice by the trial Court, the defendants are not appearing before the concerned Court and therefore, the Court has not taken up any steps further. - 7 - HC-KAR NC: 2025:KHC:32737 WP No. 14436 of 2025 4. In the light of the application under Order XXXIX Rules 1 and 2 of CPC pending before the concerned Court, I deem it appropriate to dispose the subject petition directing the concerned Court to hear the parties and pass necessary orders, in accordance with law. 5. In the event, defendants would not represent despite service of notice, the concerned Court shall pass appropriate orders with regard to their non-appearance and take up the application under Order XXXIX Rules 1 and 2 of CPC that is pending consideration. 6. In the light of this direction, status quo qua the property be maintained by the parties. 7. The concerned Court shall pass necessary orders on the application under Order XXXIX Rules 1 and 2 of CPC within an outer limit of four weeks as observed herein above. 8. The status quo order granted by this Court is continued only up to the period of four weeks. - 8 - HC-KAR NC: 2025:KHC:32737 WP No. 14436 of 2025 Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 86 CT:SS