- 1 - HC-KAR NC: 2026:KHC:19370 WP No. 10999 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 10999 OF 2026 (GM-CPC) BETWEEN: SRI. GAIAZ PASHA S/O LATE ABDUL RAHIM AGED ABOUT 71 YEARS R/O NO. 27, 2ND STAGE DOLLAR COLONY NEAR YASEEN MASJID, RAJIV NAGARA UDAYAGIRI, MYSURU 570 019. …PETITIONER (BY SRI. PREREET JAIN B., ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER NO. 2, VARUNA CANAL DIVISION CAUVERY NEERAVARI NIGAMA LIMITED MYSURU 570 001. REP. BY BHASKAR AS (EXECUTIVE ENGINEER). 2. SRI. ISSAQUE SHARIEFF B RASHEED S/O MAQBUL SHARIEFF BELQUIDI RASHEED AGED AS MAJOR R/O NO. MIG 7, TIPPU CIRCLE BADEMAKHAN ROAD NR MOHALLA, MYSURU 570 007. 3. SRI. NASIR AHMED AGED AS MAJOR Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19370 WP No. 10999 of 2026 R/O NO. 393/3, KESARE VILLAGE KASABA HOBLI,, MYSURU TALUK - 570 007. 4. SRI. JAMEEL AGED AS MAJOR R/O NO. 152, KESARE LAYOUT N R MOHALLA, MYSURU 570 007. 5. SRI. AYAZ BIN MOHAMMAD PER AGED AS MAJOR R/O NO. 152, KESARE LAYOUT NR MOHALLA, MYSURU 570 007. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 11-03- 2026 PASSED BY THE LEARNED XIII ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU IN OS NO. 113/2026 VIDE ANNEXURE - L AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by defendant No.5 under Article 227 of the Constitution of India, seeking the following reliefs: “(i) Issue writ of certiorari quashing the impugned order dated 11.03.2026 passed by the learned XIII Additional Civil Judge and JMFC, Mysuru in O.S.No.113/2026 vide Annexure-L and - 3 - HC-KAR NC: 2026:KHC:19370 WP No. 10999 of 2026 (ii) Consequently, issue a writ of mandamus directing the learned XIII Additional Civil Judge and JMFC, Mysuru to hear and pass orders on applications for vacating stay under Order XXXIX Rule 4 of CPC as per IA No.3 vide Annexure-D and application filed under Order XXXIX Rule 1 and 2 of CPC as per IA No.2 vide Annexure-D1, immediately without awaiting service to other defendants.” 2. For the sake of convenience, the parties are referred to in accordance with their ranking before the trial Court. 3. The plaintiff has instituted a suit in O.S. No.113/ 2026 seeking bare injunction. Along with the plaint, he has filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short, “CPC”), seeking temporary injunction. The trial Court, after hearing the plaintiff, granted an ex-parte order of injunction on 02.02.2026 and issued suit summons to the defendants. - 4 - HC-KAR NC: 2026:KHC:19370 WP No. 10999 of 2026 4. The petitioner herein, who is defendant No.5, appeared before the trial Court on 03.03.2026 and filed an application under Order XXXIX Rule 4 of the CPC seeking to vacate the ex-parte injunction order granted by the trial Court. However, no orders have been passed on the said application thus far. The interim order of injunction has been extended from time to time. Therefore, the petitioner/defendant No.5 is before this Court, seeking a direction for early disposal of the application for vacating the ex-parte injunction order. 5. As per Order XXXIX Rule 3A of the CPC, where an ex-parte injunction is granted, the trial Court shall endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted. However, despite the petitioner/defendant No.5 having filed an application for vacating the said injunction order, no orders have been passed. Hence, the learned counsel for the petitioner seeks a direction for disposal of the said application. - 5 - HC-KAR NC: 2026:KHC:19370 WP No. 10999 of 2026 6. In view of the above, without expressing any opinion on the merits of the case, this writ petition stands disposed of with a direction to the trial Court to consider and dispose of the application filed by the petitioner under Order XXXIX Rule 4 of the CPC as expeditiously as possible and, in any event, not later than the end of April, 2026. Liberty is reserved to the parties to advance the matter before the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 53