- 1 - HC-KAR CNR: KAHC010034132014 NC: 2026:KHC:49337 WP No. 18046 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18046 OF 2014 (GM-CPC) BETWEEN: 1. SRI. B.V. OMPRAKASH S/O LATE V.VENKATESHAIAH AGED 47 YEARS NO.68, 3RD CROSS ROAD, RADHAKRISHNA LAYOUT, 2ND STAGE, KADIRENAHALLI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 070. …PETITIONER (BY SRI. B.V. OMPRAKASH, PARTY - IN - PERSON) AND: 1. SRI H S MANJUNATH MAJOR THE ASSISTANT EXECUTIVE ENGINEER, SOUTH SUB DIV.NO.3, BANGALORE DEVELOPMENT AUTHORITY, BDA SHOPPING COMPLEX, BANASHANKARRI 2ND STAGE, BANGALORE-560 020. …RESPONDENT (BY SRI. KIRAN .C.V AND SRI. MUKUND PRASAD, ADVOCATES) THIS WP UNDER IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE PRL. CITY CIVIL & SESSIONS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010034132014 NC: 2026:KHC:49337 WP No. 18046 of 2014 JUDGE, BANGALORE IN MISCELLANEOUS PET.NO.170/14, DATED 25.02.2014 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present writ petition is filed by the Party-in-Person, assailing the order dated 25.02.2014 passed by the learned Trial Court in Miscellaneous Petition Nos.170/2014 and 171/2014, whereby the applications seeking transfer of Miscellaneous Petition Nos.643/2013 and 644/2013, pending before C.C.H. No.9, to C.C.H. No.19 for being clubbed with O.S.No.7946/1998, came to be rejected. 2. Heard the Party-in-Person and the learned counsel appearing for the respondent. Perused the records. 3. The proceedings before this Court disclose an unfortunate state of affairs. The Party-in-Person had instituted proceedings under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (for short, ‘CPC’) in Miscellaneous Petition Nos.643/2013 and 644/2013 alleging disobedience of the Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010034132014 NC: 2026:KHC:49337 WP No. 18046 of 2014 interim order of injunction. The said proceedings relate to the alleged violation of the interim order passed in O.S.No.3909/2001. Nevertheless, the Party-in-Person sought transfer of the said proceedings for being clubbed with O.S.No.7946/1998, which is a suit for bare injunction instituted by him. 4. Proceedings under Order XXXIX Rule 2A of the CPC are independent proceedings. The adjudication of the suit or the ultimate result thereof does not determine or conclude the question of disobedience of an interim order, which has to be considered independently in the proceedings under Order XXXIX Rule 2A of the CPC. Therefore, there was no justification for seeking transfer of the said proceedings to be clubbed with O.S.No.7946/1998. 5. More importantly, the determination in the suit cannot be permitted to govern or postpone the adjudication of the allegation of disobedience of an interim injunction. The question whether the defendant has violated an order of injunction is required to be determined with reference to the order that was passed, the conduct complained of, and the material placed Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010034132014 NC: 2026:KHC:49337 WP No. 18046 of 2014 before the Court in the proceedings under Order XXXIX Rule 2A of the CPC. The ultimate result of the suit does not efface a violation, if otherwise established, nor can the pendency of the suit be treated as a justification for keeping the proceedings under Order XXXIX Rule 2A in abeyance. 6. The more serious aspect of the matter is that the proceedings in question date back to the year 2014. On account of the interim order granted by this Court while entertaining the challenge to the rejection of the transfer applications, the learned Trial Court appears to have construed the said order as an order staying the proceedings in O.S.No.3909/2001. Such a construction is wholly unwarranted. There was no order of this Court staying the proceedings in O.S.No.3909/2001. Consequently, a suit for injunction simpliciter instituted in the year 2001 has been kept pending for nearly sixteen years. 7. This is a clear case where the process of the Court has been unnecessarily prolonged. The Party-in-Person, who is himself a practicing Advocate, had initiated proceedings under Order XXXIX Rule 2A of the CPC and has thereafter pursued Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010034132014 NC: 2026:KHC:49337 WP No. 18046 of 2014 proceedings for transfer, thereby contributing to the delay in the disposal of the said proceedings. The circumstances would have justified imposition of exemplary costs. However, having regard to the fact that the Party-in-Person is a practicing Advocate, this Court, by way of a stern warning, refrains from imposing costs. Accordingly, the writ petition stands dismissed. The learned Trial Judge before whom O.S.No.3909/2001 is pending shall proceed with the suit and make every endeavour to dispose of the same expeditiously, in accordance with law. It is made clear that there is no order of stay granted by this Court in respect of the proceedings in O.S.No.7946/1998. The learned Trial Judge before whom the said suit is pending shall, therefore, proceed with the matter in accordance with law and make every endeavour to expedite its disposal. The Registry shall communicate this order to the concerned Trial Courts forthwith, so as to avoid any further Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010034132014 NC: 2026:KHC:49337 WP No. 18046 of 2014 misapprehension regarding the interim order passed in the present proceedings. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 1 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified