- 1 - HC-KAR NC: 2026:KHC:19690 WP No. 11165 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11165 OF 2026 (GM-CPC) BETWEEN: MR DAKSHANTH S/O RAMESH AGED ABOUT 13 YEARS REP. BY HIS FATHER AND NATURAL GUARDIAN MR RAMESH S/O SRI PUTTARAJU AGED ABOUT 50 YEARS R/A GANGRA, KUNDRU HASSAN DISTRICT-573128. …PETITIONER (BY SRI. SRIKANTH N V., ADVOCATE) AND: 1. SRI SHIVA LAKSHMANA S/O SRI MUNISHAMAPPA AGED ABOUT 55 YEARS 2. SRI VARNA D/O SRI SHIVA LAKSHMANA AGED ABOUT 20 YEARS 3. KUM VAISHNAVI D/O SRI SHIVA LAKSHMANA AGED ABOUT 18 YEARS 4. KUM. LAKSHMI D/O SRI. SHIVA LAKSHMANA AGED ABOUT 16 YEARS REP. BY HER FATHER AND NATURAL GUARDIAN Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19690 WP No. 11165 of 2026 SRI. SHIVA LAKSHMANA 5. SMT. MANJAMMA W/O SRI. THIMRNESHA PRABHU AGED ABOUT 42 YEARS 6. KUM. KASHVI D/O SRI. THIMRNESHA PRABHU AGED ABOUT 14 YEARS. 7. MASTER SHRIS S/O SRI. THIMRNESHA PRABHU AGED ABOUT 12 YEARS R6 AND R7 ARE MINORS REP. BY THEIR FATHER AND NATURAL GUARDIAN S/O SRI. THIMRNESHA PRABHU 8. SRI. M. VIJAY KUMAR S/O SRI. MUNISHAMAPPA AGED ABOUT 38 YEARS 9. MASTER SHREYASH S/O SRI. M. VIJAY KUMAR AGED ABOUT 14 YEARS 10. MASTER SHREE VISHNU S/O SRI. M. VIJAY KUMAR AGED ABOUT 12 YEARS R9 AND R10 ARE REP.BY THEIR FATHER AND NATURAL GUARDIAN SRI. M. VIJAY KUMAR R1 TO R10 ARE R/AT KOGILU VILLAGE YELAHANKA HOBLI, BANGALORE NORTH ADDITIONAL TALUK, BANGALORE-560064. 11. M/S RED CORNAL PROPERTIES PARTNERSHIP FIRM NO. 9 MAHAVEER HOUSE 3RD FLOOR, 24TH MAIN - 3 - HC-KAR NC: 2026:KHC:19690 WP No. 11165 of 2026 6TH PHASE, JP NAGAR BANGALORE-560078 REP. BY ITS PARTNER SRI. KUSHALRAJ GULECHA 12. SMT. SUMA N. W/O NARASIMHAMURTHY D/O LATE MUNILAKSHMAMMA AGED ABOUT 32 YEARS 13. KUM. CHAITHRA D/O LATE MUNILAKSHMAMMA AGED ABOUT 28 YEARS 14. KUM. MAHALAKSHMI N D/O LATE MUNILAKSHMAMMA AGED ABOUT 23 YEARS 15. MR. LAKSHMESH H.N D/O LATE MUNILAKSHAMAMMA AGED ABOUT 21 YEARS 16. SRI. NAGARAJ H.L. S/O LATE LEKKAPPA AGED ABOUT 51 YEARS R12 TO R16 ARE R/AT HADRIPURA VILLAGE DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203. 17. APARTMENT OWNERS ASSOCIATION RED CORNAL PROPERTIES PARTNERSHIP FIRM NO. 9 MAHAVEER HOUSE, 3RD FLOOR 24TH MAIN, 6TH PHASE, JP NAGAR BANGALORE - 560078 REP. BY ITS PRESIDENT 18. MR. SUBBAIAH NARAYANA DEVARAJ S/O SRI. S.N. NARAYAN AGED ABOUT 54 YEARS - 4 - HC-KAR NC: 2026:KHC:19690 WP No. 11165 of 2026 HOUSE NO. 15, 14TH MAIN ROAD JUDICIAL LAYOUT, BANGALORE - 560065 19. MRS. VIMI NARENDRA W/O SUBBAIAH NARAYANA DEVARAJ AGED ABOUT 46 YEARS HOUSE NO. 15, 14TH MAIN ROAD JUDICIAL LAYOUT, BANGALORE - 560065 REP. BY HER GPA HOLDER SUBBAIAH NARAYANA DEVARAJ. 20. SRI. GANGADHARA S S/O SRI. SRIRAMAPPA AGED BOUT 40 YEARS 21. SMT. NISHCHALA V W/O SRI. GANGADHARA S AGED ABOUT 35 YEARS R20 AND R21 ARE R/AT NO. 22 1ST FLOOR, 6TH CROSS, VARMA LAYOUT BHUVANESHWARINAGAR HEBBAL-KEMPAPURA, BANGALORE – 560024. 22. MR. KARAKAVALASA SANDEEP KUMAR S/O MR. PRAHLADRAO AGED ABOUT 33 YEARS R/A 15-1-7/3, NEAR SAI MANDIRAM METTAKAVALASA, AMADALAVALASA SRIKAKULAM, ANDHRA PRADESH – 532185. 23. MR. BASKAR N S/O V. NATARAJAN AGED ABOUT 50 YEARS 24. MRS. ILLAVENI BASKAR W/O MR. BASKAR N. AGED ABOUT 44 YEARS R23 AND R24 ARE R/AT FLAT NO. 2041 CASA SENERITA, SOBHA CITY THANISANDRA MAIN ROAD BANGALORE – 560077. - 5 - HC-KAR NC: 2026:KHC:19690 WP No. 11165 of 2026 25. MR. SHYAM NAIR S/O MR. G. PRABHAKARAN NAIR AGED ABOUT 45 YEARS 26. MRS. DIVYA RAMACHANDRAN W/O MR. SHYAM NAIR AGED ABOUT 41 YEARS R25 AND R26 ARE R/AT DEODAR B-501, SALARPURIA SATTVA GREENAGE BOMMANAHALLI, BANGALORE. 27. MRS. PRIYANKA MANUSANIPALLI W/O SRI. ANIL KUMAR MANUSANIPALLI AGED ABOUT 32 YEARS R/AT NO. S8, CRIMSON TIDE APARTMENT 6A CROSS, GANGAMMA LAYOUT GUDDADAHALLI, NAGENAHALLI MAIN ROAD R.T. NAGAR, BANGALORE – 560032. 28. MRS. NIRMALA A D/O LATE P.V. KUNHAPPAN AGED ABOUT 50 YEARS R/A NO. 362, 2ND FLOOR, BDA FLATS B-5 AKBAR ROAD, AUSTIN TOWN BANGALORE SOUTH – 560047. 29. MRS. PAVANI KARRA W/O PRENMESTA PRASAD RAJU AGED ABOUT 35 YEARS 30. MR. PENMESTA PRASAD RAJU S/O MR. RAJABABU RAJU PENMESTA AGED ABOUT 37 YEARS R29 AND R30 ARE R/AT NO. SR305 3RD FLOOR, CANOPY CREST IRS KOGILU VILLAGE, YELAHANKA BANGALORE NORTH BANGALORE – 560064. …RESPONDENTS - 6 - HC-KAR NC: 2026:KHC:19690 WP No. 11165 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY APPROPRIATE WRIT DIRECTING THE TRIAL COURT TO CONSIDER THE APPLICATION IA NO. II FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 OF CPC AS EARLY AS POSSIBLE IN O.S NO. 1837/2025 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE AS PER ANNEXURE – E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiff under Article 227 of the Constitution of India, seeking a direction to the trial court to consider and dispose of I.A. No.II filed by the petitioner/plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (for short, “CPC”), expeditiously. 2. For the sake of convenience, the parties are referred to as per their ranking before the trial court. 3. The petitioner/plaintiff instituted a suit in O.S. No.1837/2025 for partition and separate possession before the Principal Senior Civil Judge, Bengaluru Rural District, Bengaluru. Along with the plaint, the petitioner has filed - 7 - HC-KAR NC: 2026:KHC:19690 WP No. 11165 of 2026 an application under Order XXXIX Rules 1 and 2 of CPC seeking temporary injunction. However, the trial court, declined to grant an ex-parte order of injunction and has issued suit summons to the respondents/defendants. The said application was filed on 18/22.09.2025 and, till date, the trial court has not considered the same. Hence, the petitioner is before this Court. 4. In view of the above, this writ petition stands disposed of, with a direction to the trial court to consider and dispose of the application filed by the petitioner/ plaintiff under Order XXXIX Rules 1 and 2 of CPC as expeditiously as possible, and in any event, not later than the end of June 2026. The parties are at liberty to seek advancement of the case before the trial court. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 28