- 1 - HC-KAR NC: 2026:KHC:30400 WP No. 15168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15168 OF 2025 (GM-CPC) BETWEEN: M/S CHANDRU ARTS PRIVATE LIMITED HAVING OFFICEA AT NO.416, 3RD CROSS, GVENKATESHWARA NILAYA KRISHNARAJAPUAR BANGALORE-560 036 REPRESENTED BY ITS PROPRIETOR MR. CHANDRAPPA K., S/O LATE P. KRISHNAPPA AGED ABOUT 45 YEARS …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED HAVING OFFICE AT NO.2ND FLOOR SAMPARKASOUDHA OPP. ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU -560 054 …RESPONDENT (BY SRI. MANU K., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN OS NO. 108/2025 ON THE FILE OF PRINCIPAL CIVIL JUDGE AT BANGALORE AND QUASH THE ORDER DATED: 21.01.2025 PASSED ON IA NO. 2 AND 3 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC VIDE ANNEXURE-C TO THE WP AND CONSEQUENTLY GRANT A EX PARTE AD INTERIM ORDER OF Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30400 WP No. 15168 of 2025 INJUNCTION AS PRAYED IN wwIA NO. 2 AND 3 IN OS NO. 108/2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE BANGALORE RURAL DIST AT BANGALORE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed to quash the order dated 21.01.2025 passed on I.A.Nos.2 and 3 filed under Order XXXIX Rule 1 and 2 of CPC in O.S.No.108/2025 by the III Addl. Civil Judge, Bengaluru Rural District, Bengaluru. 2. The petitioner herein is the plaintiff in the suit. He has filed the suit restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule properties and injunction restraining the respondent from illegally dispossessing the plaintiff's peaceful possession and enjoyment of the properties. 3. In that the petitioner has filed I.A.No.2 and 3 seeking injunction. The trial court has issued suit summons and emergent notice on I.A.No.2 and I.A.No.3 and the trial court observed that on perusal of the pleadings and the document filed by the plaintiff, the court is of the opinion that the plaintiff - 3 - HC-KAR NC: 2026:KHC:30400 WP No. 15168 of 2025 has not made out urgency to grant ex-parte temporary injunction at this stage. Hence before passing any order on I.A.Nos.2 and 3, it is necessary to hear the other side, and accordingly summons were issued. Aggrieved thereby, the petitioner is before this court. 4. A Co-ordinate Bench of this court on 23.06.2025 has passed an interim order observing that: “…..that submission is made that if the interim order is not considered by the Trial Court nor any interim order is granted by this Court, the respondent will remove all the hoardings belonging to the petitioner and in that view of the matter, the prayer made in the suit will become infructuous. In that view of the matter, keeping in view the prayer made in the plaint in O.S.No.108/2025, respondent Corporation shall maintain status-quo and not to damage the hoardings in the suit schedule property. That interim order is continued from time to time. The respondent/defendant has filed the vacate petition. 5. Learned counsel appearing for the respondents submits that the Karnataka State Highway Act does not permit any installation of holdings on the highway and because of these holdings there is every likelihood of causing accidents. Further because of the rainy season the danger is all the more higher. During the pendency of this writ petition in fact the - 4 - HC-KAR NC: 2026:KHC:30400 WP No. 15168 of 2025 holdings which are erected by some other party fell on the vehicles and caused lot of damage. Hence it is submitted that the stay granted by this court needs to be vacated. Learned counsel further submits that the suit is not maintainable. Hence, they have filed a petition under Order VII Rule 11 and the same is pending consideration. There may be a direction to the court to expediently decide the pending application. 6. Learned counsel appearing for the petitioner submits that the petitioner has no objection for the trial Court to hear the matter, however, the interim order that is granted by this Court shall continue or else if the respondents remove the holdings, the application itself becomes infructuous. 7. Having heard the learned counsels on either side, perused the material on record. Considering the urgency expressed by the respondents and balancing the interest of both the parties this Court deems it appropriate to pass the following: ORDER i. The writ petition is disposed of directing the trial Court to consider I.A.Nos.2, 3 and 4 within a period - 5 - HC-KAR NC: 2026:KHC:30400 WP No. 15168 of 2025 of 1 week from the date of receipt of the copy of the order. ii. If either of the parties are not co-operating with the same the trial court is at liberty to proceed with and pass appropriate orders. iii. It is made clear that till the I.A.Nos.2 and 4 are decided, the interim order granted by this court shall be in force and shall continue. iv. The parties can advance the matter before the trial court. v. Pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 63