- 1 - HC-KAR NC: 2025:KHC:27212 WP No. 20946 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20946 OF 2025 (GM-CPC) BETWEEN: SRI. ANANTH KUMAR A K S/O. SRI. KEMPE GOWDA, AGED ABOUT 35 YEARS, R/AT NO. 1833/19, 6TH CROSS ROAD, 6TH MAIN ROAD, 2ND STAGE, BENGALURU - 560 021. …PETITIONER (BY SRI. ASHOKA T., ADVOCATE) AND: SRI. K M NARASIMHAMURTHY S/O MARI SHETTY, AGED ABOUT 62 YEARS, R/AT NO. U-29, 3RD CROSS, PIPELINE, KRISHNAPPA BLOCK, BENGALURU - 560 003. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT SETTING ASIDE THE ORDER DATED 07.07.2025 PASSED BY THE I ADDL CIVIL JUDGE, BENGALURU RURAL IN O.S NO.731/2025 ON I.A. NO.2 INSOFAR AS IT PERTAINS TO NON-VACATING OF EX- PARTE TEMPORARY INJUNCTION AGAINST THE PETITIONER AND PERMIT THE PETITIONER TO PROCEED WITH THE CONSTRUCTION IN THE SUIT SCHEDULE PROPERTY, VIDE ANNEXURE- A AND ETC. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27212 WP No. 20946 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M. NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “WHEREFORE, it is most humbly and respectfully prayed that this Hon'ble Court may be pleased to: (a) Issue a writ in the nature of certiorari or any other Writ setting aside the Order dated 07.07.2025 passed by the I Addl Civil Judge, Bengaluru Rural in O.S No.731/2025 on I.A No.2 insofar as it pertains to non- vacating of Ex-parte temporary injunction against the petitioner and permit the petitioner to proceed with the construction in the suit schedule property, vide Annexure- A; b) In the alternative, direct the learned trial court to dispose of IA No. 2 expeditiously within a time frame to be fixed by this Hon'ble Court; c) Pass such other order(s) or direction(s) as this Hon'ble Court may deem just and proper in the facts and circumstances of the case, including cost of this petition.” 2. The petitioner is the defendant. The petitioner is the defendant. A suit is instituted by the plaintiff - respondent in O.S.No.731/2025 seeking injunction and an application – I.A.No.1/2025 is filed seeking ex-parte temporary injunction under Order XXXIX Rules 1 and 2 of the CPC. The application in I.A.No.1/2025 is allowed and - 3 - HC-KAR NC: 2025:KHC:27212 WP No. 20946 of 2025 temporary injunction is granted on 24.06.2025. The petitioner – defendant then files an application – I.A.No.2 under Order XXXIX Rule 4 of the CPC seeking vacation of the temporary injunction. The said application has not met its consideration even as on today. Therefore, the petitioner – defendant is before this Court in the subject petition seeking a direction for expeditious disposal of the said application. 3. Learned counsel to the petitioner – defendant submits that the petitioner is in possession and is undertaking construction. In the light of the temporary injunction subsisting, he is unable to proceed with the construction. 4. In that light, I deem it appropriate to direct the concerned Court to answer the application filed by the petitioner – defendant under Order XXXIX Rule 4 of the CPC, within an outer limit of 4 weeks from today, if not earlier, after hearing the parties. 5. With the above direction, the writ petition stands allowed. - 4 - HC-KAR NC: 2025:KHC:27212 WP No. 20946 of 2025 It is made clear that this Court has not considered the merit of the application so filed by the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 84