The Court emphasized the independence of the Trial Court in considering applications for injunction and the need for expeditious disposal of such applications.

JUDGMENT

1. The instant writ petition is filed seeking for the following reliefs:

"i) Issue a writ of certiorari or any other writ, order or directing setting aside the order of the trial court dated 09.06.2022 (Annexure-L) passed by the Hon'ble Principal Civil Judge, Bengaluru Rural District, Bengaluru on I.A.No.2 under Order XXXIX Rule 1 and 2 read with 151 of CPC in O.S.No.721/2022, on the file of the Hon'ble Principal Civil Judge, Bengaluru Rural District, Bengaluru, filed against the Commissioner, BBMP, Bengaluru.

ii) Issue a writ of mandamus or any other order or directing granting an ex-parte ad-interim order of temporary injunction against the respondent, the Commissioner, BBMP, on the file of the Hon'ble Principal Civil Judge, Bengaluru Rural District, Bengaluru, on I.A.No.2.

iii) Grant such other and further reliefs as are just, including the costs of the present petition."

2. The plaintiff/petitioner had filed O.S.No.721/2022 before the Principal Civil Judge, Bengaluru Rural, seeking a decree of permanent injunction against the defendant/respondent. In the said suit, she had also filed an application in I.A.No.II under Order XXXIX, Rule 1 and 2 read with 151 of CPC, seeking for an ad-interim order of injunction. The Trial Court vide order dated 09.06.2022 had issued summons and emergent notice on I.A.No.II to the defendant. Being aggrieved by the same, the petitioner had approached this Court in this writ petition.

3. This Court vide its order dated 30.06.2022, while issuing emergent notice to the respondent, had granted an interim order restraining the respondent/Bruhat Bengaluru Mahanagara Palike (BBMP) from demolishing the Nandini Milk Booth/Parlor and dispossessing the plaintiff/petitioner from the said Milk Booth/Parlor till the application filed in .

I.A.No.II under Order XXXIX, Rule 1 and 2 of CPC is decided by the Trial Court.

4. Heard learned counsel appearing for the parties and also perused the material on record.

5. Learned counsel for the respondent submits that the respondent/BBMP has already entered appearance in the suit before the Trial Court and the suit is now posted for consideration of IA-II on 05.08.2022.

6. In the circumstances, the writ petition is disposed of with a direction to the Trial Court to dispose of the application in I.A.No.II filed by the petitioner under Order XXXIX, Rule 1 and 2 of CPC, in accordance with law, as expeditiously as possible and till the disposal of the application in I.A.No.II, the interim order granted by this Court on 30.06.2022 shall be in operation.

It is made clear that the Trial Court shall not be influenced by the order passed by this Court and shall. consider the application in I.A.No.II filed by the petitioner under Order XXXIX Rule 1 and 2 of CPC, on its merits in accordance with law.

All contentions of both parties are kept open. In view of disposal of main petition, pending I.A.No.1/2022 does not survive for consideration and the same is disposed of.