- 1 - HC-KAR CNR: KAHC010314812026 NC: 2026:KHC:36026 WP No. 14221 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14221 OF 2026 (GM-CPC) BETWEEN: 1. SMT. B. SADASHIVAMMA, D/O LATE BORALINGAIAH, AGED ABOUT 62 YEARS, R/T NO.4-Q-26, MARUTHI EXTENSION, 3RD CROSS, MALLESHWARAM, PALACE GUTTAHALLI, BANGALORE 560003 …PETITIONER (BY SRI. SOMASHEKHARAIAH.R.P., ADVOCATE) AND: 1. SRI. HARISH.V. S/O. VENKATARAMAN, AGED ABOUT 38 YEARS, R/AT NO.486, NEW KRS ROAD, NEAR POST OFFICE, KRS BELAGUNDA, MANDYA 571607 2. THE ASSISTANT EXECUTION ENGINEER, MALLESHWARAM Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010314812026 NC: 2026:KHC:36026 WP No. 14221 of 2026 SUB-DIVISION (WEST), GREATER BENGALURU AUTHORITY, MALLESHWARAM, ENGALURU WEST CITY CORPORATION, BENGALURU-560003 …RESPONDENTS (BY SRI.K.N. NITESH ADVOCATE FOR SRI. K V NARASIMHAN.,ADVOCATE FOR R1; SRI. PAWAN KUMAR, ADVOCATE FOR R2) THIS WP IS FILED PRAYING TO 1. ISSUE WRIT IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DTD. 21.04.2026 MADE IN OS MADE ON IA NO.1 IN OS NO.2251/2026 ON THE FILE OF THE XXTH ADDL CITY CIVIL AND SESSION JUDGE, (CCH-32) UNDER ANNEXURE-B AND GRANT AN INTERIM ORDER TO DIRECT THE DEFENDANT NO. 1 NOT TO PROCEED WITH FURTHER CONSTRUCTION IN THE B SCHEDULE PROPERTY, IN THE INTEREST OF JUSTICE AND EQUITY. PENDING DISPOSAL OF THE ABOVE WRIT PETITION. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed by the plaintiff challenging the order dated 21.04.2026 passed by the learned XX Addl. City Civil and Sessions Judge in O.S.No.2251/2026 on I.A. No.1, whereby the trial Court, instead of considering the - 3 - HC-KAR CNR: KAHC010314812026 NC: 2026:KHC:36026 WP No. 14221 of 2026 plaintiff's application for an ad-interim temporary injunction, merely ordered the issuance of summons to the defendants. 2. The petitioner herein is the plaintiff in the suit, which has been filed seeking a decree of permanent injunction, along with the suit an application I.A. No. 1 filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure for the grant of an ad-interim temporary injunction. As the trial court failed to consider and pass appropriate orders on I.A. No.1 and instead directed the issuance of summons to the defendants, the petitioner has approached this Court by way of the present writ petition. 3. A Co-ordinate Bench of this Court, by order dated 29.04.2026, granted an interim order directing the respondents not to undertake any further construction on the 'B' Schedule property until the next date of hearing. 4. Learned counsel appearing for the petitioner as well as the respondents have advanced their respective submissions on the merits of the matter. However, this Court is not inclined to examine the merits of the rival contentions at this stage. - 4 - HC-KAR CNR: KAHC010314812026 NC: 2026:KHC:36026 WP No. 14221 of 2026 Having regard to the facts and circumstances of the case, this Court deems it appropriate to direct the trial Court to consider and dispose of the pending application expeditiously, in accordance with law. 5. Learned counsel appearing for the respondents/defendants submits that this Court may fix a reasonable time frame for the trial Court to consider and dispose of I.A. No. 1. It is further submitted that, until the disposal of the said application, the respondents/defendants will not proceed with any further construction on the schedule property. 6. Having regard to the submission made by the learned counsel for the respondents/defendants that they will not proceed with any further construction until the disposal of I.A. No.1, and considering the facts and circumstances of the case, this Court deems it appropriate to pass the following: ORDER I. The writ petition is disposed of, directing XX Addl. City Civil and Sessions Judge (CCH- - 5 - HC-KAR CNR: KAHC010314812026 NC: 2026:KHC:36026 WP No. 14221 of 2026 32) to consider and dispose of I.A. No. 1 in accordance with law within one week from the date of receipt of a copy of this order. ii. It is made clear that the respondents /defendants shall not proceed with any further construction in the schedule property until the trial Court passes orders on I.A. No.1. ii. All pending I.A’s in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE AG List No.: 1 Sl No.: 4