- 1 - HC-KAR NC: 2026:KHC:25232 WP No. 15485 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 15485 OF 2026 (GM-CPC) BETWEEN: 1. PALACE GARDEN, APARTMENT OWNERSHIP ACT, APARTMENTS OWNERS ASSOCIATION, REGISTERED UNDER THE KARNATAKA REG OFFICE AT NO. 23/24, PALACE CROSS ROAD, BENGALURU - 560 020. REP BY ITS PRESIDENT MRS. SARA KURUVILLA 2. SRI. NUKARAJU, S/O D. SURAYYA, AGED ABOUT 65 YEARS, R/AT NO. V1, VAISHALI, PALACE GARDEN APARTMENTS, 23/24, PALACE CROSS ROAD, BENGALURU - 560 020. …PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE FOR SMT. VIJAYA H R., ADVOCATE) AND: 1. SRI. PRASAD KAMATH, S/O LATE K RAMA KAMATH AGED ABOUT 74 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25232 WP No. 15485 of 2026 2. SMT. ASHA. P. KAMATH, W/O SRI PRASAD KAMATH, AGED ABOUT 74 YEARS, BOTH ARE RESIDING AT C-7, TRIPURA NEST, NO.35, 11TH CROSS, 7TH MAIN, MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. P.B. AJIT., ADVOCATE FOR CAVEAT RESPONDENT NO. R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.04.2026 ON I.A. NO. II O.S. NO.3153/2026 PENDING ON THE FILE OF THE HON'BLE CITY CIVIL AND SESSION JUDGE, AT BENGALURU (CCH NO. 40) (ANNEXURE-A) TO THE EXTENT OF GRANTING EX-PARTE AD- INTERIM TEMPORARY INJUNCTIVE RELIEFS, CONSEQUENTLY, PASS AN ORDER OF TEMPORARY INJUNCTION RESTRAINING THE RESPONDENTS NO. 1 AND 2 (INCLUDING THEIR MEN, AGENTS, HENCHMEN, REPRESENTATIVES, SUCCESSORS-IN TITLE, HEIRS, ASSIGNS OR ANYONE CLAIMING THROUGH OR UNDER THEM) FROM INTERFERING WITH THE PETITIONERS PEACEFUL POSSESSION OVER AND ENJOYMENT OF THE SUIT SCHEDULE PROPERTY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2026:KHC:25232 WP No. 15485 of 2026 ORAL ORDER After hearing the submissions from both the learned counsel, having regard to the fact that the impugned order dated 30.04.2026 is in the nature of mandatory injunction permitting respondents 1 & 2 /plaintiffs to put up construction, it is expedient that the objections of the appellants/ defendants 1 & 2 be heard and the I.A.No.II filed before the Trial Court be adjudicated on its merits. Until such time, the plaintiffs not be permitted to put up construction in terms of the impugned order. 2. It is the apprehension expressed by the learned counsel for respondents 1 & 2/ plaintiffs that the matter before the Trial Court will be dragged on by the appellants/ defendants 1 & 2. 3. The said submission is stoutly refuted by the learned counsel for the appellants/ defendants 1 & 2. 4. In view of the aforementioned, the following: - 4 - HC-KAR NC: 2026:KHC:25232 WP No. 15485 of 2026 ORDER (i) The suit (O.S.No.3153/2026) pending before the Trial Court shall stand advanced to 05.06.2026. (ii) On the said date, the appellants/ defendants 1 & 2 shall file their statement of objections to the interim applications in the suit. Defendants 1 & 2 are also at a liberty to file their written statement in the suit. (iii) Pursuant to the same, the Trial Court shall hear both the parties and adjudicate upon I.A.No.II in the suit as expeditiously as possible. (iv) Till adjudication of the interim application by the Trial Court, the plaintiffs shall not put up any further construction in terms of the impugned order dated 30.04.2026. - 5 - HC-KAR NC: 2026:KHC:25232 WP No. 15485 of 2026 (v) The Trial Court shall adjudicate upon the interim application uninfluenced by the observations made in the impugned order dated 30.04.2026 as well as the present order. (vi) The contentions of both the parties are kept open. (vii) In view of the above order, the impugned order dated 30.04.2026 stands modified accordingly. SD/- (C.M. POONACHA) JUDGE TKN List No.: 1 Sl No.: 90