- 1 - HC-KAR CNR: KAHC010031242023 NC: 2026:KHC:46551 WP No. 1335 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1335 OF 2023 (GM-CPC) BETWEEN: 1. SRI GUNDAPPA S/O LATE BASAVARAJU AGED ABOUT 47 YEARS R/A NO.106, 3RD MAIN 1ST CROSS, JAYANAGAR CHAMARAJA MOHALLA MYSORE-570014 …PETITIONER (BY SRI. CHIDANANDA P., ADVOCATE) AND: 1. SMT SIDDAMMA W/O LATE LOKESH AGED ABOUT 56 YEARS. 2. SRI RAVI KUMAR S/O LATE LOKESH AGED ABOUT 32 YERAS 3. SRI CHANDRU S/O LATE LOKESH AGED ABOUT 29 YEARS 4. SMT DEVAMMA W/O RAMACHANDRA AGED ABOUT 52 YEARS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010031242023 NC: 2026:KHC:46551 WP No. 1335 of 2023 5. SRI RAMACHANDRA S/O LATE VENKATARAMANA AGED ABOUT 57 YERAS 6. SRI VENKATESH S/O SRI RAMACHANDRA AGED ABOUT 23 YEARS 7. SRI KIRAN S/O SRI RAMACHANDRA AGED ABOUT 21 YEARS ALL ARE R/A 1ST CROSS, K G KOPPAL JAYANAGARA MYSURU-570014 …RESPONDENTS (BY SRI.C.R.SUBRAMANYA, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 17/11/2022, PASSED BY THE HONBLE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MYSURU, IN MA NO.73/2022, BY SETTING ASIDE THE ORDER DTD 16.9.2022 PASSED BY THE HONBLE XIII ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU IN O.S.NO.724/2022 ON I.A.NO.2 FILED UNDER ORDER XXXIX RULE 1 AND 2 OF CPC BY THE RESPONDENTS AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, 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 under Article 227 of the Constitution of India challenging the order dated 17.11.2022 passed by the IV Additional Senior Civil Judge & - 3 - HC-KAR CNR: KAHC010031242023 NC: 2026:KHC:46551 WP No. 1335 of 2023 JMFC, Mysuru in MA No.73/2022 (for short, ‘I Appellate Court’), whereby the order passed by the XIII Addl. Civil Judge & JMFC, Mysuru (for short, ‘Trial Court’) on IA No.2 in OS No.724/2022 on 16.09.2022, has been set aside. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court. 3. The plaintiffs filed a suit for injunction. Along with the plaint, they have filed IA No.2 under Order XXXIX Rules 1 and 2 of Code of Civil Procedure. The Trial Court, by order dated 16.09.2022 dismissed the application. Being aggrieved by the same, the plaintiffs have filed an appeal before the I Appellate Court in MA No.73/2022. The I Appellate Court, by Order dated 17.11.2022 has allowed the appeal. Consequently, the application filed by the plaintiffs under Order XXXIX Rule 1 and 2 has been allowed and temporary injunction has been granted. Being aggrieved by the same, the defendant is before this Court. 4. This Court, by order dated 30.01.2023 stayed the order passed by the I Appellate Court in MA No.73/2022. - 4 - HC-KAR CNR: KAHC010031242023 NC: 2026:KHC:46551 WP No. 1335 of 2023 From 30.01.2023, the stay order is in operation. There is no interim order in favour of the plaintiff. Since the suit is of the year 2022, I am of the opinion that the writ petition may be disposed of directing the Trial Court to dispose of the suit expeditiously. Accordingly, the following: ORDER (i) The writ petition stands disposed of. (ii) The Trial Court is directed to dispose of the suit, as expeditiously as possible, not later than six months from the date of receipt of a copy of this order. (iii) The interim order granted by this Court dated 30.01.2023 shall continue till disposal of the suit. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM List No.: 1 Sl No.: 38