- 1 - HC-KAR NC: 2026:KHC:9179 WP No. 1888 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1888 OF 2026 (GM-CPC) BETWEEN: R. K. DEVELOPERS REPRESENTED BY ITS PROPERTIES SRI. M. VENKATESH, S/O MUNIRAJU, AGED ABOUT 44 YEARS, READING AT NO.137, 3RD CROSS, NEAR SHANIMAHATAMA TEMPLE, JAKKUR LAYOUT, BANGALORE – 560 064. HAVING OFFICE AT: NO.21/1, 2ND FLOOR, 6TH MAIN ROAD, L-BLOCK, SAHAKRA NAGAR, BEHIND SWATHI HOTEL, BANGALORE – 560 092. …PETITIONER (BY SRI. ALLAH BAKASH M., ADVOCATE) AND: SRI K. NAGESH S/O SRI.A. KRISHNAPPA, AGED ABOUT 57 YEARS, READING AT 95, WARD NO.21, TALUK OFFICE ROAD, DEVANAHALLI BANGALORE – 562 110. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ALLOW THEIR I.A.NO.1, APPLICATION UNDER ORDER 39 RULE 1 AND 2 CPC FOR TEMPORARY INJUNCTION FROM RESTRAINING FROM THE RESPONDENT FROM INTERFERENCE, IN SUIT O.S.NO. 718/2025, PENDING ON FILE OF Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9179 WP No. 1888 of 2026 THE COURT OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT DEVANAHALLI..VIZ ANNEXURE-A2 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. Call for records in suit O.S.No.718/2025, pending on file of the Court of the Principal Civil Judge and JMFC at Devenahalli by its order dated 18.12.2025 issued emergent notice vide Annexure-A. b. Allow their I.A.No.1, application under Order 39 Rule 1 and 2 CPC for temporary injunction from restraining from the respondent from interference, in suit O.S.No.718/2025, pending on the file of the court of the Principal Civil Judge and JMFC at Devanahalli viz., Annexure-A2. c. Call for records in suit M.A.No.34/2025, pending on the file of the Court of the Principal Senior Civil Judge and JMFC at Devanahalli, Bangalore Rural by its order dated: 03.01.2026, vide Annexure-B. d. Allow their I.A.No.1, application under Order 39 Rule 1 & 2 CPC for temporary injunction from restraining from the respondent from interference, M.A.No.34/2025, pending on file the Court of the Principal Senior Civil Judge and JMFC at Devanahalli, Bangalore Rural viz., Annexure- B2. - 3 - HC-KAR NC: 2026:KHC:9179 WP No. 1888 of 2026 e. Or such other relief this Hon’ble Court deems fit in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and perused the material on record. 3. After arguing the matter for sometime, learned counsel for the petitioner submits that despite the urgency pleaded by the petitioner, the First Appellate Court has adjourned M.A.No.34/2025 to 27.04.2026 and as such, the present petition may be disposed of directing the First Appellate Court to prepone/advance the appeal from 27.04.2026 to 23.02.2026 with a direction to The First Appellate Court to decide to dispose of I.A.No.1 filed by the petitioner as well as the issue regarding maintainability within a stipulated time frame. 4. The said submission is placed on record. 5. The petition stands disposed of directing the First Appellate Court to prepone the appeal from 27.04.2026 to 23.02.2026. Liberty is reserved in favour of both parties to file advancement/preponement application. Immediately upon preponement of the appeal from 27.04.2026 to 23.02.2026, the - 4 - HC-KAR NC: 2026:KHC:9179 WP No. 1888 of 2026 First Appellate Court shall decide the question of maintainability of the appeal and also pass appropriate orders on I.A.No.1 filed by the petitioner-appellant in the appeal, in accordance with law, within a period of two weeks from 23.02.2026. All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 50