- 1 - HC-KAR NC: 2026:KHC:26643 WP No. 2436 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 2436 OF 2019 (GM-CPC) BETWEEN: 1. SMT. RANJAN P. RAJ AGED ABOUT 76 YEARS W/O SHRI PRAFUL CHANDRA VITHALJI RAJ R/A DOOR NO.17-21-1488/3 & 4 RAJ VILLA, VITHALJI LANE FALNIR, MANGALURU-575001 2. 2A. SHRI PRAFUL CHANDRA VITHALJI RAJ SINCE DECEASED MITA HUSSAIN AGED ABOUT 55 YEARS R/A NO.28022 NORFOLK TRAIN LANE HOUSTON TEXAS, USA REP BY HER POWER OF ATTORNEY HOLDER MS. RADHIKA RAJ D/O SHRI PRAFUL CHANDRA VITHALJI RAJ R/A: 302, PRESIDENCY NEW KANTWADI ROAD BANDRA WEST, MUMBAI-400050 MAHARASHTRA 3. RADHIKA RAJ AGED ABOUT 45 YEARS Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26643 WP No. 2436 of 2019 D/O SHRI PRAFUL CHANDRA VITHALJI RAJ R/A: 302, PRESIDENCY, NEW KANTWADI ROAD BANDRA WEST, MUMBAI-400050 MAHARASHTRA 4. MANMIT ARCADE PVT. LTD. A PRIVATE COMPANY LIMITED BY SHARES INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT:3RD FLOOR, RAJ TOWERS, BALMATTA ROAD MANGALURU-575001 REP. HEREIN BY ITS MANAGING DIRECTOR RANJAN P RAJ(PETITIONER NO.1) …PETITIONERS (BY SRI. PRADEEP NAYAK., ADVOCATE) AND: MANISH P RAJ AGED ABOUT 52 YEARS S/O PRAFUL CHANDRA VITHALJI RAJ R/A DOOR NO.17-21-1488/3 & 4 RAJ VILLA, VITHALJI LANE FALNIR, MANGALURU-575001. …RESPONDENT (BY SRI. SANATHKUMAR SHETTY K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE II ADDL. CIVIL JUDGE AND JMFC, MANGALURU, IN O.S.NO. 489/2018, AND THE RECORDS OF II ADDL. SENIOR CIVIL JDUGE AND CJM, MANGALURU, IN M.A.NO. 54/2018 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:26643 WP No. 2436 of 2019 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 16.08.2018 passed on I.A.No.II in O.S.No.489/2018 by the II Additional Civil Judge and JMFC, Mangaluru, Dakshina Kannada District, and the order dated 21.11.2018 passed in M.A.No.54/2018 by the II Additional Senior Civil Judge and CJM, Mangaluru, Dakshina Kannada District. 2. Heard Sri. Pradeep Nayak, learned Counsel appearing for the petitioners and Sri.Sanathkumar Shetty K., learned Counsel appearing for the respondent. 3. This writ petition is filed challenging the orders of the Trial Court as well as the Appellate Court wherein the application of the petitioners-plaintiffs filed under Order XXXIX Rule 1 and 2 r/w Section 151 of C.P.C., was rejected on various grounds. It is to be noticed that the prayer in the application for Injunction is that the - 4 - HC-KAR NC: 2026:KHC:26643 WP No. 2436 of 2019 defendants shall not conduct the meeting of plaintiff No.4- Company by using the Thumb Impression of petitioner No.2-plaintiff No.2. It is further noticed that petitioner No.2-plaintiff No.2 has died on 06.01.2024 and in view of his death, the adjudication of the application for injunction would not arise. 4. Learned Counsel for the petitioners at this stage submits that the application for Temporary Injunction may not survive for consideration. However, the Trial Court while dismissing the application has recorded a reason that the petitioners-plaintiffs should knock the doors of the Company Law Tribunal in view of the bar contained under Section 430 of the Companies Act. 5. In my considered view, the observations of the Trial Court is restricted only to decide the application pending before it and the said finding shall not be considered as a finding on the merits of the case. 6. With the aforesaid observations, the writ petition is disposed of. - 5 - HC-KAR NC: 2026:KHC:26643 WP No. 2436 of 2019 7. All pending Interlocutory Applications, stand disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE DL List No.: 1 Sl No.: 18