IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 34344 OF 2024 (GM-CPC)

BETWEEN:

SRI. VISHWA MAHAYOGI VEMANA FOUNDATION (R)

2ND FLOOR, OPP. TO S.R.K. INDIAN SCHOOL, NEAR RAILWAY GATE, KODIGEHALLI, SAHAKARANAGARA POST, BANGALORE-560 096.

REPRESENTED BY ITS PRESIDENT, SRI. K. SRINIVASA REDDY, S/O. LATE K. KONDAIAH, AGED ABOUT 60 YEARS, NEERAGANTIPALLI POST, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561 207.

…PETITIONER Digitally signed (BY SRI. ADINARAYANAPPA., ADVOCATE)

by HEMALATHA A AND:

Location: HIGH COURT OF KARNATAKA SRI SATHISH N S/O. LATE NANJUNDAPPA, AGED ABOUT 47 YEARS, R/AT SOLAMAKALAPALLI VILLAGE, PARAGODU POST, KANAGAMAKALAPALLI GRAMAPANCHAYATH, MITTEMIRI HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT-561 207.

…RESPONDENT (BY SRI. CHETAN DESAI., ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE HONBLE CIVIL JUDGE JMFC AT BAGAPALLI IN SUIT IN O.S.NO. 237/2024 AND DIRECT THE HONBLE COURT DISPOSE THE I.A.NO.1/2024 ON MERITS WITHIN A STIUPULATED TIME AS PER AMENDED CPC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner/plaintiff, seeking a direction from this Court to the Civil Judge and JMFC, Bagepalli to dispose of I.A.No.1/2024 filed under XXXIX Rule 1 and 2 of CPC in O.S.No.237/2024 pending before it.

2. The plaintiff has filed the suit for injunction. Along with the plaint, he has filed I.A.No.1/2024 under Order XXXIX Rule 1 and 2 of CPC seeking an ad-interim order of temporary injunction restraining the defendant and others from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule property in any manner, pending disposal of the said suit.

3. Though the trial Court has issued emergent notice to the defendant on I.A.No.1/2024, but did not grant any exparte interim order. Hence, the plaintiff is before this Court in this writ petition.

4. This Court by order dated 18.12.2024 has granted an interim order restraining the respondent/defendant from interfering with the peaceful possession and enjoyment of the plaintiff in the suit schedule property, till next date of hearing.

5. The respondent, now represented by his counsel, and the counsel for the respondent submitted that he has already appeared before the trial Court in the said suit.

6. In view of the above, the only relief granted in this writ petition is to direct the trial Court to dispose of I.A.

No.1/2024 by preponing the hearing date.

7. Accordingly, I pass the following order:

ORDER a) The writ petition is disposed of.

b) The Civil Judge and JMFC, Bagepalli is directed to prepone the matter to 29.01.2025 and hear the parties on I.A.No.1/2024 and pass the appropriate orders, in accordance with law, not later than 07.02.2025.

c) Till then, the interim order granted by this Court on

18.12.2024 shall continue.

All pending applications, if any, do not survive for consideration and the same are also disposed of.

Sd/-

(H.T. NARENDRA PRASAD)

JUDGE HA List No.: 1 Sl No.: 41