- 1 - HC-KAR NC: 2026:KHC:893 WP No. 36262 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.36262 OF 2025 (GM-CPC) BETWEEN: SRIMAN MADHVACHARYA MOOLA MAHASAMSTHANA, SRIMAN MADHAVA THEERTHA SRI MATHA REP. BY ITS SECRETARY SRI K SAMEER TAMBIHALLI KOLAR TALUK AND DISTRICT-571 247. …PETITIONER (BY SRI. A M VIJAY, ADVOCATE) AND: 1. SHRI C RAGHUPATHI S/O LATE CHIKKABBAIAH, AGED ABOUT 60 YEARS, RESIDING AT VIBHUTHIPURA VILLAGE K.R PURAM HOBLI, BENGALURU EAST TALUK - 560 037. SHRI C NARAYANA, SON OF LATE CHIKKABABBAIAH, (SINCE DEAD BY LR'S) 2. SMT. PAVITHRA, W/O LATE C. NARAYANA REDDY @ NARAYANASWAMY, MAJOR 3. SRI SUMAN @ SUMAN BABU, S/O LATE C. NARAYANA REDDY @ NARAYANASWAMY, MAJOR 4. SMT. DIVYA N D/O LATE C NARAYANA REDDY @ NARAYANASWAMY, MAJOR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:893 WP No. 36262 of 2025 R-2 TO R-4 ARE RESIDENTS OF NO. 141, SRI RENUKA DEVI NILAYA, CYBLE GREENS LAYOUT, KITHIGANUR K.R.PURAM, BENGALURU-560 036. 5. THE TALACAUVERY HOUSE BUILDING CO-OPERATIVE SOCIETY (REGD), 4TH FLOOR, 3RD CROSS, NEHRU NAGAR, SHESHADRIPURAM, BENGALURU 560 020. REPRESENTED BY ITS SECRETARY RAVISHANKAR REGISTER UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT. 6. TALACAUVERY NAGARA NIVASIGALA KSHEMABHIVRIDDI SANGHA (R), VIBHUTHIPURA, NEW WARD NO.81, TALACAUVERY LAYOUT, 1ST MAIN ROAD, 7TH CROSS, BENGALURU 560 037. REPRESENTED BY ITS PRESIDENT- A SEETHARAMAIAH. 7. PARAMAPOOJYA SHOORA MADHVA THEERTHA, KOLAR TALUK, KOLAR DISTRICT -563163, REPRESENTED BY HIS DULY CONSTITUTED ATTORNEY – SRI KAKOLU RAGHAVENDRA. 8. SHRI PADIYATH ALI SALAM SON OF LATE DR. P. MOHAMMED ALI, MAJOR, NO 324, 8TH MAIN ROAD, HAL III STAGE, BENGALURU 560 075. …RESPONDENTS THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED 4TH ADDL. CITY CIVIL JUDGE, MAYO HALL, BENGALURU (CCH-21) TO DISPOSE OF IA NOS.1 TO 3 AND 5 IN OS NO.26754/2022 WITHIN THE FIXED TIME FRAME OF 30 DAYS AND TO FURTHER DIRECT THE TRIAL COURT TO DISPOSE OF THE MAIN SUIT WITHIN A SPECIFIED DURATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:893 WP No. 36262 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The limited grievance of the petitioner, who is defendant No.5 in O.S.No.26754/2022 is for a direction to dispose of application - I.A.No.5 in O.S.No.26754/2022 seeking vacating of the order of temporary injunction, which was filed as long back as on 26.08.2023 since the Trial Court has not considered or passed any order on the same even till today and as such, necessary directions may be issued to the Trial Court to prepone the suit from 17.02.2026 to any date during the course of the week commencing from 12.01.2026 and also to direct the Trial Court to consider and pass appropriate orders on the said application filed by the petitioner – defendant No.5 within a stipulated timeframe. 2. The said submission is placed on record. 3. A perusal of the order sheet maintained by the Trial Court will indicate that the petitioner – defendant No.5 against whom order of temporary injunction was passed by the Trial Court has filed an application – I.A.No.5 seeking vacating of the order of - 4 - HC-KAR NC: 2026:KHC:893 WP No. 36262 of 2025 temporary injunction as long back as on 26.08.2023 and the said application has not been disposed of even till today. 4. Under these circumstances, in the light of the provisions contained under Order 39 Rule 3A CPC, the Trial Court is directed to prepone / advance O.S.No.26754/2022 from 17.02.2026 to any date during the course of week commencing from 12.01.2026 by duly notifying the plaintiffs and thereafter fixing the date for consideration of the application for vacating the stay / injunction filed by the petitioner – defendant No.5 and dispose of the said application within a period of one month from the date to which the matter is preponed / advanced by the Trial Court. 5. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 61