1. The petitioner has filed O.S.No.212/2025 pending on the file
"WHEREFORE, the plaintiff most respectfully prays
that this Hon'ble Court may be pleased to pass a
Judgment and Decree in favour of the plaintiff as
against the defendants granting the following relief:
NC: 2025:KHC:18380
a) BY WAY OF PERMANENT INJUNCTION
to restrain the defendants, their
servants, agents, henchmen,
supporters or any person or persons,
claiming through or under them, either
individually or collectively, in any
capacity whatsoever from interfering
with the peaceful possession and
enjoyment of the plaintiff property and
restrain them from abstracting the
development works over the Suit
Schedule Property by the plaintiff in
any manner whatsoever.
b) TO GRANT such other or further relief
that this Court may deem fit and
proper in the facts and circumstances
of this case, including the cost of this
proceedings, in the interest of justice."
2. She has also filed I.A.No.1 under Order XXXIX Rule 1 and 2
read with Section 151 of the Code of Civil Procedure, 1908 (for
short 'CPC') with the following prayers:
"That for the reasons sworn to in the
accompanying affidavit, the applicant/plaintiff prays
that this Hon'ble Court may be pleased to grant an
interim order of temporary injunction restraining the
defendants, their servants, agents, henchmen,
supporters, or any person or persons claiming
NC: 2025:KHC:18380
through or under the defendants, either individually
or collectively, in any capacity whatsoever, from
interfering with plaintiffs possession over the suit
schedule property and restrain them from abstracting
the development works in the schedule property or
any portion thereof, pending disposal of the above
suit, in the interest of justice.
In view of the extreme urgency and the sensitive
nature of the relief prayed for, the applicant/plaintiff
prays that this Hon'ble Court may be pleased to grant
an ad-interim order of the like nature, pending
disposal of this application, by dispensing with prior
notice to the defendants, in the interest of justice and
equity."
3. The Trial Court after hearing the petitioner has issued
emergent notice on I.A.No.1 and suit summons to the
defendants through Court and RPAD and adjourned the original
suit to 03.06.2025. Aggrieved by the same, the present writ
petition is filed by the plaintiff therein.
4. The case of the petitioner is that the Trial Court ought to
have granted an ex-parte interim order instead of issuing notice
to the respondents. On that ground, the writ petition is filed
with the following prayer and interim prayer;
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"PRAYER
WHEREFORE, it is prayed that this Hon'ble Court
may be pleased to grant the following reliefs to the
petitioner as against the respondents:
(A) TO ISSUE a writ of certiorari or any other
appropriate writ, order or direction to quash the
impugned Order dated 24.04.2025 passed by the
Hon'ble Civil Judge and JMFC, Nelamanagala
Bangalore Rural, in O. S No.212/2025 by issuing
emergent notice on I.A.No.I under Order 39 Rule 1
and 2 R/w. Section 151 of C.P.C, filed by the petitioner
as per ANNEXURE-N;
(B) TO ISSUE a writ of Mandamus or any other
appropriate writ, order or direction to the Hon'ble Civil
Judge and JMFC, Nelamangala Bangalore rural, to
consider and dispose of the I.A.No.1 filed under Order
XXXIX Rule 1 & 2 R/w Section 151 of C.P.C in O.S
No.212/2025 as expeditiously as per ANNEXURE- N;
(C) TO GRANT such other or further relief/s as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of the case to the Petitioner, in the
interest of justice.
INTERIM PRAYER
Pending disposal of the above Writ Petition, the
Petitioner most respectfully pray that this Hon'ble
Court may be pleased to grant an interim order of
temporary injunction as per IA No.1 in OS
No.212/2025 in the Court of the Hon'ble Civil and
JMFC, Nelamangala Bangalore rural as per Annexure-
N by restraining the defendants/respondents and their
agents, servants or anybody from interfering with the
NC: 2025:KHC:18380
suit schedule property or any portion thereof, till the
disposal of the above Writ Petition, in the interest of
justice and equity."
5. The Trial Court based on the pleadings and documents
produced before it, has come to the conclusion that it is not a
fit case for grant of an ex-parte interim order, but it shall be
considered the same upon hearing the defendants concerned.
6. Given the facts and circumstances of the case, I am of the
opinion that it is not a fit case to interfere with the order
passed by the Trial Court. Hence, this writ petition is hereby
dismissed reserving the liberty to the petitioner to pursue his
remedies before the trial Court.
Sd/-
(M.I.ARUN)
JUDGE
DSP
