- 1 - HC-KAR NC: 2025:KHC:31983 WP No. 20208 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20208 OF 2025 (GM-CPC) BETWEEN: 1. SRI. AJAYKUMAR SHAMLAL ACHPAL S/O SHAMLAL NARAINDAS, AGED ABOUT 55 YEARS R/AT NO.46, 1ST FLOOR, "RADESHAM KUNJ", 5TH MAIN, 10TH CROSS, 12TH BLOCK (BEHIND BDA), KUMARA PARK WEST, BANGALORE -560020. 2. SMT. KANCHAN ACHPAL W/O AJAYKUMAR ACHPAL, AGED ABOUT 51 YEARS, R/AT NO.46, 1ST FLOOR, "RADESHAM KUNJ", 5TH MAIN, 10TH CROSS, 12TH BLOCK (BEHIND BDA), KUMARA PARK WEST, BANGALORE -560020. …PETITIONERS (BY SRI. MANEESHA KONGOVI., ADVOCATE) AND: 1. SRI. H. P. SUNIL S/O LATE SMT. H.M. UMA DEVI AND LATE SRI H.C. PARVATHAPPA, AGED ABOUT 46 YEARS R/AT 949, 21ST MAIN ROAD, BANASHANKARI 2ND STAGE, BENGALURU 560070. Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31983 WP No. 20208 of 2025 2. SRI. H.P. SANJAYA, S/O LATE SMT. H.M. UMA DEVI AND LATE SRI. H.C. PARVATHAPPA, AGED ABOUT 51 YEARS, R/ AT FLAT NO. 1, FLOOR 6, BUILDING 55, ZONE15, STREET 950, DOHA, QATAR, REP. BY HIS GPA HOLDER SRI. H.P. SUNIL. 3. SMT. H.P. SUMA SOGI D/O LATE SMT. H.M. UMA DEVI AND SRI. LATE H.C. PARVATHAPPA AGED ABOUT 52 YEARS A4, MMDU CAMPUS, MULLANE -133207 AMBALA CITY, HARYANA, REP. BY HER GPA HOLDER SRI H.P. SUNIL. 4. SMT P. SHARADAMMA, D/O LATE SMT. H M MALLIKARJUNAPP, W/O LATE SRI. G. PARAMESHWARAPPA, AGED ABOUT 87 YEARS, R/AT NO. 1501, BLOCK A2, ELITA PROMENADE, JP NAGAR, 7TH PHASE, BENGALURU 560078. 5. SRI. H.M. MALLAPPA, S/O LATE SRI. H.M. MALLIKARJUNAPPA AGED ABOUT 80 YEARS, R/AT ASHOKA ROAD, SHIVAMOGGA 577201. 6. SRI. H.M. JAYADEVAPPA, S/O LATE SRI H M MALLIKARJUNAPPA AGED ABOUT 78 YEARS, R/AT NO. 514, BASABA CHETANA, 100 FT. ROAD, RAVINDRANAGAR, SHIVAMOGGA - 577201. - 3 - HC-KAR NC: 2025:KHC:31983 WP No. 20208 of 2025 7. SRI. H M CHANDRASHEKARAPPA S/O LATE SRI H M MALLIKARJUNAPPA AGED ABOUT 74 YEARS R/AT NO. 50, 1ST MAIN ROAD, BASAVANGUDI, SHIVAMOGGA. 8. SRI. H.M. BASAVARAJA S/O LATE SRI. H.M. MALLIKARJUNAPPA, AGED ABOUT 69 YEARS, R/AT DONNA BAS TOWER, NO.100, RAILWAY PARALLEL ROAD KUMARA PARK WEST, SHESHADRIPURAM, BENGALURU - 560 020. 9. SRI. H J. RAKESH, S/O SRI. H.M.JAYADEVAPPA, AGED ABOUT 38 YEARS, R/AT NO. 514, BASAVA CHETANA, 100 FT. ROAD, RAVINDRANAGAR, SHIVAMOGGA-577 201. 10. SRI. H.C. YOGESH, S/O SRI H M. CHANDRASHEKARAPPA, AGED ABOUT 45 YEARS, R/AT NO. 50, 1ST MAIN ROAD, BASAVANGUDI, SHIVAMOGGA. 11. SRI. H.L. HARISH, S/O SRI. H M. LINGAMARIYAPPA, AGED ABOUT 59 YEARS, R/AT CT-4, GR GRAND RESIDENCY, KANAKAPURA ROAD, 6TH PHASE, JP NAGAR, BENGALURU 560078. 12. SRI. H.L. MAHENDRA, S/O SRI. H.M. LINGAMARIYAPPA, AGED ABOUT 67 YEARS, D/NO.240, 5TH CROSS, GANDHINAGAR B BLOCK, SHIVAMOGGA-577201. - 4 - HC-KAR NC: 2025:KHC:31983 WP No. 20208 of 2025 13. SRI. H M PRASHANTH, S/O SRI. H. MARIYAPPA, AGED ABOUT 40 YEARS, D/NO.272. 100FT ROAD, OPPOSITE TO GANAPATI TEMPLE, GANDHI NAGAR, SHIVAMOGGA -577201. 14. SRI. H.L. RAVI, S/O SRI. H.M. LINGAMARIYAPPA, AGED ABOUT 64 YEARS, SUVI, 20-A. 13TH CROSS, 60 FEET ROAD, VINOBANAGAR 1ST STAGE, SHIVAMOGGA - 577201. 15. SMT. SNEHA YOGESH, W/O SRI. YOGESH, AGED MAJOR, R/AT NO. 50, 1ST MAIN ROAD, BASAVANGUDI, SHIVAMOGGA. 16. SMT. SARASWATHI SHARAN, W/O SRI. SHARAN, AGED ABOUT 36 YEARS, R/AT NO. 50, 1ST MAIN ROAD, BASAVANGUDI, SHIVAMOGGA. 17. SR. H. C. SHARAN, S/O SRI. H.M. CHANDRASHEKARAPPA, AGED ABOUT 41 YEARS, R/AT NO. 50, 1ST MAIN ROAD, BASAVANGUDI, SHIVAMOGGA. 18. SRI. H.M. MANJUNATH, S/O SRI. H. M.MALLAPPA, AGED ABOUT 51 YEARS, R/AT ASHOKA ROAD, SHIVAMOGGA - 577201. 19. SRI. H.M. MADHU, S/O SRI. H.M. MALLAPPA, AGED ABOUT 47 YEARS, - 5 - HC-KAR NC: 2025:KHC:31983 WP No. 20208 of 2025 R/AT ASHOKA ROAD, SHIVAMOGGA 577201. 20. SMT. DAKSHAYINI, W/O SRI. H.M. JAYADEVAPPA, AGED ABOUT 67 YEARS, R/AT NO. 514, BASAVA CHETANA, 100 FT. ROAD, RAVINDRANAGAR, SHIVAMOGGA 577201. 21. SMT. MANGALAMMA, W/0 H.M. MALLAPPA, AGED ABOUT 73 YEARS, R/AT ASHOKA ROAD, SHIVAMOGGA-577201. 22. SRI. GOPINATH, S/O SRI M.S. NAGARAJ, AGED ABOUT 63 YEARS, PARTNER OF M/S DEVAKI AND CO, ADDRESSED AT NO. 7, BALARAJ URS ROAD, SHIMOGGA-577201. 23. SRI. H. M. MALLIKARJUNA, S/O H. M. MALLAPPA, AGED ABOUT 49 YEARS, R/AT ASHOKA ROAD, SHIVAMOGGA. 24. M/S. IDFC FIRST BANK LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT NO. 172/1, GROUND FLOOR, MATADAHALLI FURTHER EXTN, MLA LAYOUT, RT NAGAR, BANGALORE-560032, REP. BY AUTHORIZED SIGNATORY. - 6 - HC-KAR NC: 2025:KHC:31983 WP No. 20208 of 2025 25. M/S. SUVILAS PROPERTIES PVT LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING ITS REGISTERED OFFICE AT NO. 100, OLD NO.52, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, SESHADRIPURAM, BANGALORE -560020, REP. BY ITS AUTHORIZED SIGNATORY 26. BHAGAT LAW CHAMBERS, A LAW FIRM REPRESENTED BY MR.VENKATESH R BHAGAT, NO. 100, OLD NO.52, FIRST FLOOR, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, SESHADRIPURAM, BANGALORE -560020. 27. M/S ADITYA BIRLA INSURANCE BROKERS LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT NO. 100, OLD NO.52, 3RD FLOOR, RAILWAY PARALLEL ROAD, KUMARA PARK WEST, SESHADRIPURAM, BANGALORE -560020. REP. BY ITS AUTHORIZED SIGNATORY. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE AND QUASH THE EX PARTE AD-INTERIM ORDER DATED 23.5.2022 AND ORDER DATED 21.06.2025 CONTINUING THE SAID ORDER DATED 23.5.2022 PASSED BY THE HON'BLE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT, BENGALURU IN O.S. NO. 3264/2022 INSOFAR AS IT GRANTS AN ORDER OF EX PARTE INJUNCTION AGAINST THE PETITIONERS IN I.A. NO. I FILED THEREIN (ANNEXURES - A AND B OF THIS WRIT PETITION). - 7 - HC-KAR NC: 2025:KHC:31983 WP No. 20208 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: "(A) Set aside and quash the Ex Parte Ad-Interim order dated 23.5.2022 an order dated 21.06.2025 continuing the said order dated 23.5.2022 passed by the Hon'ble I Additional City Civil and Sessions Judge, City Civil Court, Bengaluru in O.S.No.3264/2022 insofar as it grants an order of ex-parte injunction against the petitioners in I.A.No.1 filed therein (Annexures -A and B of this Writ Petition) and; (B) Pass any other order or direction that this Hon'ble Court may deem fit, in the interest of justice and equity." An ex-parte ad-interim order is granted under Order XXXIX Rule 4 of Code of Civil Procedure. 2. Heard Sri. Maneesha Kongavi, learned counsel for petitioners and perused the material on record. 3. Learned counsel for the petitioners restricts the prayer to direction to the concerned Court to dispose the - 8 - HC-KAR NC: 2025:KHC:31983 WP No. 20208 of 2025 application filed under Order XXXIX Rule 4 of Code of Civil Procedure by the petitioner which is filed on 04.07.2022. 4. Learned counsel submits that the said application is still pending consideration at the hands of the concerned Court. Therefore, I deem it appropriate to dispose the subject petition with a direction to the concerned Court to dispose the application pending said to have been filed under Order XXXIX Rule 4 of Code of Civil Procedure with a outer limit of four weeks from the date of receipt of a copy of this order if not, earlier. 4. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SSD List No.: 1 Sl No.: 294