- 1 - HC-KAR NC: 2026:KHC:968 WP No. 37081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 37081 OF 2025 (GM-CPC) BETWEEN: SMT. G. J. KRISHNAVENI W/O. BADRINATHA K.P., AGED ABOUT 39 YEARS, RESIDING AT NO. 1057, MAIN ROAD, 7TH WARD, GUDIBANDE TOWN AND TALUK, CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI. SWAROOP S., ADVOCATE) AND: 1. SMT. GAYITHRI D/O. NARAYANAPPA, W/O. GANGARAJU, AGED ABOUT 33 YEARS, R/A. LAGUMADDEPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT. 2. SRI. GANGARAJA S/O. NARAYANAPPA, AGED ABOUT 30 YEARS, R/A. BEECHAGANAHALLI VILLAGE, SOMENAHALLI VILLAGE AND HOBLI, GUDIBANDE TALUK, CHIKKABALLAPURADISTRICT. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 21.11.2025 PASSED BY CIVIL JUDGE, GUDIBANDE IN O.S NO. 212/2025 SHOWING INACTION TO CONSIDER THE IA NO. 2 FILED BY THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:968 WP No. 37081 of 2025 PETITIONER UNDER ORDER XXXIX RULE 3 AND 4 OF CPC VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: “a) Set aside the order dated 21.11.2025 passed by Civil Judge, Gudibande in O.S.No.212/2025 showing inaction to consider the I.A.No.2 filed by the Petitioner under Order XXXIX Rule 3 and 4 of CPC. b) Direct the Civil Judge, Gudibande to immediately hold enquiry on whether the respondents have complied with the provisions under Order XXXIX Rule 3 of CPC after availing the ad interim order dated 07.08.2025 passed in O.S.No.212/2025 in consideration of I.A.No.2 c) Direct the Civil Judge, Gudibande to immediately dispose of I.A.No.2 filed by the Petitioner under Order XXXIX Rule 3 of CPC in O.S.No.212/2025. d) Grant costs of these proceedings.” 2. Heard learned counsel for the petitioner and perused the material on record. 3. Learned counsel for the petitioner submits that the petitioner, who is defendant No.5 in O.S.No.212/2025 has filed an application, I.A.No.2, seeking vacating the ad interim exparte order - 3 - HC-KAR NC: 2026:KHC:968 WP No. 37081 of 2025 of temporary injunction, which has not been disposed of by the Trial Court even till today and as such, there is urgency in the matter. It is also submitted that the matter is posted before the Trial Court on 14.01.2026 and the Trial Court may be directed to dispose of the aforesaid interlocutory application, within a stipulated time frame. 4. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by directing the Trial Court to dispose of application, I.A.No.2 filed by defendant No.5, seeking vacating the ad interim exparte order of temporary injunction within a period of two weeks from the next date of hearing i.e., 14.01.2026. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 5. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 6