- 1 - HC-KAR NC: 2026:KHC:8490 WP No. 18300 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 18300 OF 2024 (GM-CPC) BETWEEN: SRI S. VENKATESH, S/O LATE SHAMANNA AGED ABOUT 64 YEARS R/AT NO 181, 31ST CROSS, 11TH MAIN, 4TH A BLOCK, JAYANAGAR, BANGALORE – 560 011 …PETITIONER (BY SRI. MALLA REDDY B. V., ADVOCATE) AND: 1. SMT. PREMA W/O SRI L. HANUMA REDDY AGED ABOUT 74 YEARS R/AT NO 17, RATHNA VILAS ROAD, BASAVANAGUDI BANGALORE – 560 004 2. SMT. S. KAMALA, W/O SRI RAMACHANDRA REDDY D/O LATE SHAMANNA AGED ABOUT 57 YEARS R/AT NO 18/4, KEMAPAPURA, YEMALUR MAIN ROAD, KEMPAPURA POST BANGALORE – 560 037 …RESPONDENTS (BY SRI. MADHUKAR DESHPANDE, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 04/07/2024 PASSED ON IA Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8490 WP No. 18300 of 2024 ANNEXURE-A, IA NO.3/2024 UNDER ORDER 39 RULES 1 AND 2 CPC IN OS NO. 959/2015, FILED BY THE PETITIONER / DEFENDANT NO. 1 AGAINST THE R1 / PLAINTIFF, ON THE FILE OF THE HONBLE XXV ADDL. CITY CIVIL AND SESSION JUDGE (CCH-19), A BENGALURU CITY, WHEREIN THE HONBLE COURT HAS REFUSED TO GRANT AN EX-PARTE ORDER OF TEMPORARY INJUNCTION AGAINST THE R1 / PLAINTIFF, BY A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER, CONSEQUENTLY 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: “i) Quash the Order dtd.04-07-2024, passed on Annexure-A, I.A.No.3/2024, under Order 39 Rules 1 & 2 C.P.C, in OS.No.959/2015, filed by the petitioner/Defendant No.1 against the Respondent No.1/plaintiff, on the file of the Hon'ble XXV Addl. City Civil and Session Judge (CCH-19), at Bengaluru City, wherein the Hon'ble court has refused to grant an Ex-parte order of TEMPORARY INJUNCTION against the Respondent No.1/plaintiff, by a Writ of Certiorari or any other appropriate Writ, direction or order, consequently - 3 - HC-KAR NC: 2026:KHC:8490 WP No. 18300 of 2024 ii) Grant an ex-parte, ad-interim order of injunction restraining the Respondent No.1/plaintiff, her agents, men, or any other person claiming or acting through her from putting up any structure, compound wall, foundation, digging or removing the earth, storing any materials portion of the Schedule as mentioned in the Annexure-G,d IA under Order 39 Rule 1 and 2 r/w Sec.151 of CPC filed by the petitioner/Defendant No. 1 till disposal of IA Order 39 Rule 1 and 2 r/w Sec. 151 of CPC in OS.No.959/2015 pending before the Hon'ble XXV Addl. City Civil and Session Judge (CCH-19), at Bengaluru City. iii) the grant costs of the petition and iv)grant such other relief or reliefs as this Hon’ble Court may deem fit to grant in the circumstances of the case, in the interest of justice, equity and law.” 2. Heard learned counsel for the petitioner and learned counsel for respondent No.1 and perused the material on record. 3. After arguing the matter for sometime learned counsel for the petitioner submits that the present petition may be disposed of as withdrawn, reserving liberty in favour of the petitioner to take recourse to such remedies as available in law including filing a separate suit. 4. The said submission is placed on record. - 4 - HC-KAR NC: 2026:KHC:8490 WP No. 18300 of 2024 5. Accordingly, the petition is disposed of as withdrawn, reserving Liberty in favour of the petitioner to take recourse to such remedies as available in law including filing a separate suit, if permissible in law and subject to all just exceptions and leaving open all contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 3