- 1 - HC-KAR NC: 2026:KHC:2377 WP No. 39187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.39187 OF 2025 (GM-CPC) BETWEEN: 1. DR DHANAJAYA M S AGED ABOUT 41 YEARS, S/O SRI. SHANTHAIAH M.V. 2. SRI. SHANTHAIAH M.V. AGED ABOUT 70 YEARS, S/O LATE VAGGAPPA BOTH 1 & 2 ARE RESIDING AT NO.13, 1ST CROSS, G.RAMAIAH ENCLAVE, CHIKKABETTAHALLI, NEAR BEST COUNTY BUS STOP, VIDYARANYAPURA POST, BENGALURU- 560 097. …PETITIONERS (BY SRI. RAVI R, ADVOCATE) AND: SRI RAJASHEKAR K S AGED ABOUT 39 YEARS, S/O SRI. SIDDAIAH, R/AT NO.42, 5TH CROSS, SAI NAGAR, 3RD PHASE, SUBHASHCHANDRA BOSE ROAD, CHIKKABETTAHALLI, BENGALURU- 560 097. …RESPONDENT (BY SRI. L. DEVARAJA, ADVOCATE) THIS W.P IS FILED ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO QUASH AN EXPARTE AD-INTERIM ORDER DATED 18-8-2025 FOR RESTRAINING PETITIONERS / DEFENDANTS FROM PUTTING UP ANY FURTHER CONSTRUCTION ON SUIT SCHEDULE PROPERTY IN OS NO.5871/2025 THAT PENDING BEFORE THE CITY CIVIL COURT (CCH-27) AT BANGALORE. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2377 WP No. 39187 of 2025 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, petitioners seek the following reliefs: “i) Quash an exparte ad–interim order dated 18.08.2025 for restraining petitioners / defendants from putting up any further construction on suit schedule property in O.S.No.5871/2025 that pending before the City Civil Court (CCH-27) at Bengaluru. ii) Issue such other direction and grant such other consequential reliefs to the petitioners. iii) Pass such any other orders or directions as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners – defendants in the instant suit in O.S.No.5871/2025 are aggrieved by the impugned order dated 18.08.2025 whereby the Trial Court granted an ad-interim ex parte order of temporary injunction in favour of the respondent-plaintiff against the - 3 - HC-KAR NC: 2026:KHC:2377 WP No. 39187 of 2025 petitioners-defendants. However, subsequently the petitioners – defendants have entered appearance in the suit and filed written statement, objections as well as application to vacate ad interim ex parte order of temporary injunction and matter stands posted before the Trial Court on 19.02.2026. It is needless to state that it is incumbent upon the Trial Court to pass appropriate orders on the said application – I.A.No.2within a period of 30 days as contemplated under Order XXXIX Rule 3A CPC. 4. In the instant case, since the Trial Court passed an ad interim ex parte order of temporary injunction as long back as on 18.08.2025 and I.A.No.2 is pending consideration even till today, I deem it just and appropriate to dispose of this petition by issuing certain directions to the Trial Court. 5. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The Trial Court is directed to prepone / advance the suit in O.S.No.5871/2025 from 19.02.2026 to a date during the week commencing from 19.01.2026. - 4 - HC-KAR NC: 2026:KHC:2377 WP No. 39187 of 2025 (iii) Liberty is reserved in favour of both parties to seek advancement / preponement of the suit from 19.02.2026 to any date during the week commencing from 19.01.2026. (iv) After the said preponement of the suit from 19.02.2026 to an earlier date as stated supra, the Trial Court shall consider and pass appropriate orders on I.A.No.2 as well as the application for vacating injunction filed by the petitioner, in accordance with law, within a period of three weeks from the date on which the matter gets preponed / advanced by the Trial Court. (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 1 Sl No.: 59