- 1 - HC-KAR NC: 2026:KHC:24396 WP No. 13504 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 13504 OF 2026 (GM-CPC) BETWEEN: 1. MR. VARADARAJ. M S/O MR. M. PADMANABHA AGED ABOUT 65 YEARS R/AT 'SAROVARAM' NEAR URWA STORE BUS STOP FIRST LEFT, ASHOK NAGAR CROSS ASHOK NAGAR POST MANGALURU, D. K-575006. 2. MRS. SEEMA W/O. MR. VARADARAJ M AGED ABOUT 56 YEARS R/AT 'SAROVARAM', FIRST LEFT ASHOK NAGAR CROSS ASHOK NAGAR POST MANGALURU, D. K-575006. …PETITIONERS (BY SRI RAKESH KINI, ADVOCATE FOR SRI. SUHAS C. S., ADVOCATE) AND: 1. MRS. PUNARVA. M. H. D/O MOHAN RAMAKANTH W/O SUBHAS KINI, HINDU AGED ABOUT 42 YEARS PRESENTLY R/AT APARTMENT NO. 102 BIMBIS RESIDENTIAL APARTMENT BUILDING URWA STORE, MANGALURU-06 D. K., REP. BY HER GPA HOLDER MR. SUBHAS KINI S/O U VENKATESH KINI PRESENTLY R/AT APARTMENT NO. 102 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24396 WP No. 13504 of 2026 BIMBIS RESIDENTIAL APARTMENT BUILDING URWA STORE, MANGALURU, D. K-06. 2. M/S SHREEHARI VENTURES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT S-3 D. NO. 13-141/3(2), 2ND FLOOR PARK SQUIRE, B. C. ROAD JODUMARGA, BANTWAL, D. K-574219 REP. BY ITS PARTNER MR. M. DINESH SHENOY S/O M. SADASHIVA SHENOY HINDU, AGED ABOUT 70 YEARS SAMAGRAGUNDI, MARPADY, PERANJA MOODABIDRI, D. K.- 574227 BY HIS GPA HOLDER MR. DHEERAJ KUMAR KOLKE S/O KOLKE RAMANANDA RAO, HINDU AGED ABOUT 43 YEARS R/AT 10-109, SHANTHA DURGA PRANTHYA VILLAGE, JYOTHI NAGAR KODANGALLU, MOODBIDRI TALUK, D. K -574197. 3. SHREE VIGNESHWARA DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT VAS LANE, MANGALURU REP. BY ITS PARTNER SRI DEVI PRASAD RAI S/O SRI B. S. RAI AGED ABOUT 60 YEARS R/AT FLAT NO. 602, VAS LANE ENCLAVE VAS LANE, MANGALURU, D. K-575002. 4. DEVYANI INTERNATIONAL LTD., K524-KFC- CHILIMBI, MANGALORE A PUBLIC LIMITED COMPANY REP. BY ITS AUTHORIZED SIGNATORY VIRAG JOSHI (TENANT OF VARADARAJ M) …RESPONDENTS (BY SRI. SHIVARAMA BHAT. O., ADVOCATE FOR C/R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF - 3 - HC-KAR NC: 2026:KHC:24396 WP No. 13504 of 2026 CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER SETTING ASIDE THE IMPUGNED ORDER DATED: 16.04.2026 PASSED BY THE I ADDL. CIVIL JUDGE AND JMFC D K MANGALURU IN OS NO. 564/2026 (ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioners–defendant Nos.1 and 2 have called in question the impugned order dated 16.04.2026 passed by the I Additional Civil Judge, Mangaluru (hereinafter referred to as the ‘Trial Court’ for short) in O.S.No.564/2026, whereby the Trial Court has passed an order directing the defendants not to put up any further construction. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs filed a suit in O.S.No.564/2026 before the Trial Court seeking the relief of injunction. Along with the plaint, the plaintiffs also filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC. - 4 - HC-KAR NC: 2026:KHC:24396 WP No. 13504 of 2026 The petitioners herein appeared voluntarily before the Trial Court without any notice. The Trial Court, by the impugned order, has restrained the defendants from putting up further construction. Being aggrieved by the same, the petitioners-defendant Nos.1 and 2 are before this Court. 4. The learned counsel for the petitioners has submitted that, without assigning any reasons as required under Order XXXIX Rule 3 of CPC, the impugned order has been passed. 5. Learned counsel for the respondents submits that the matter has been posted on 02.05.2026 before the Trial Court for passing order on the application. 6. Be that as it may, since the Trial Court has posted the matter on 02.05.2026 for passing orders on the application and having regard to the facts and circumstances of the case, without expressing any opinion on the merits, this Court deems it appropriate to dispose of this writ petition with a direction to the Trial Court to - 5 - HC-KAR NC: 2026:KHC:24396 WP No. 13504 of 2026 pass an order on the application as expeditiously as possible. Accordingly, the following order is passed: 7. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to pass the order on the application filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC on 02.05.2026, in accordance with law and as expeditiously as possible, without adjourning the matter. c) Parties are directed to co-operate for early disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 49