IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

WRIT PETITION NO. 37152 OF 2025 (GM-CPC)

BETWEEN:

1. SRI. S V RAJENDRA PRASAD,

S/O. S.V.VENKATACHALASETTY,

AGED ABOUT 63 YEARS,

NO.24, 4^TH CROSS, 1^ST BLOCK,

JAYANAGAR,

BENGALURU-560 011.

2. SMT. NAGA MALLIKA N.,

W/O. SIVASHANKAR.G., AGED ABOUT 43 YEARS,

R/A FLAT NO.401,

K.V MEADOWS,

13^TH CROSS,

VENKATAPURA EXTENSION,

Digitally signed BENGALURU-560 034.

by

GAVRIBIDANUR …PETITIONERS

SUBRAMANYA

GUPTA (BY SRI.D.R.RAVISHANKAR., SENIOR ADVOCATE FOR

SREENATH

SMT.SIRI RAJASHEKAR., ADVOCATE)

Location: HIGH

COURT OF

KARNATAKA

AND:

1. SRI.KALEEM @ SHAIK KALEEM,

S/O. MR. SHAIK SUBHAN,

AGED ABOUT 31 YEARS,

R/AT NO.132, SHIKARIPALYA,

HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU-560 106.

ALSO AT FLAT NO.216 AND 316, SRI.CHAKRA BLOSSOM, NILADRI ROAD, MARAGONDANAHALLI, JIGNI HOBLI, ANEKAL TALUK, BENGALURU-560 105.

2. SMT.SHAHEDA NOOR, WIFE OF KALEEM @ SHAIK KALEEM, AGED ABOUT 37 YEARS, R/A NO.132, SHIKARIPALYA, HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK, BENGALURU-560 106.

3. SRI.SADDAR, FATHER NAME NOT KNOWN AGED MAJOR R/A PARAPPANA AGRAHARA, HOSA ROAD, BENGALURU - 560 100

4. SRI.LOKAMATHA, FATHER NAME NOT KNOWN, AGED ABOUT 43 YEARS, R/A D.N.GOWRI DIGITAL STUDIO, SHIKARIPALYA, ELECTRONIC CITY, BENGALURU - 560 100.

5. SRI.NAGAIAH S HIREMATH, SON OF S R HIREMATH, AGED ABOUT 45 YEARS, R/A NO.20, OLD NO.8, 1^ST MAIN, 4^TH A CROSS, KASHIVISHWANATHA TEMPLE, B.CHANNASANDRA, KALYANANAGAR, BENGALURU - 560 043.

6. SRI.MANJUNATH, SON OF SRINIVAS, AGED ABOUT 38 YEARS, R/A NO.7, SUKRUTI DADDY'S GARDEN ROAD, KAMMASANDRA, BENGALURU - 560 100.

… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA SEEKING TO QUASHING THE IMPUGNED ORDER DATED 24.11.2025 PASSED ON I.A. UNDER ORDER XXXIX RULES 1 AND 2 CPC IN O.S.NO.1264/2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, BENGALURU, PRODUCED AS ANNEXURE-C.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned Senior counsel Sri.D.R.Ravishankar., on behalf of learned counsel Smt.Siri Rajashekar., for the petitioners.

2. This petition is filed by the plaintiffs seeking the following reliefs:

a) Issue a Writ of Certiorari or any other appropriate writ, order or direction quashing the impugned order dated 24.11.2025 passed on I.A. under Order XXXIX Rules 1 and 2 CPC in O.S.No.1264/2025 on the file of the Principal Civil Judge, Bengaluru, produced as Annexure-C.

b) Pass such other and further orders as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity.

3. The petitioners are the plaintiffs before the Trial Court in O.S.No.1264/2025, they filed a suit against the respondents/ defendants for the following reliefs.

a. Granting permanent injunction restraining the defendants, his heirs, successors, agents, henchmen, servants and/ or any person or persons acting through or under him and/ or claiming right through or under him from interfering with the peaceful possession and enjoyment of the Suit Schedule Property by the plaintiffs;

b. Grant such other and further relief as this Hon'ble Court may deem fit to grant under the facts and circumstance of the case.

4. Along with the plaint, plaintiffs filed application under Order XXXIX Rule 1 and 2 read with Section 151 of CPC seeking for an ad-interim ex-parte order of temporary injunction, restraining the defendants, their heirs, successors, agents, henchmen, servants and/ or any person or persons acting through or under them and/ or claiming right through or under them from interfering with the peaceful possession and enjoyment of the suit schedule property in item No.1.

5. The plaintiffs addressed their arguments for the grant of an ad-interim order of temporary injunction dispensing notice to the defendants on the ground of urgency shown and that the delay would cause