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Judgment
M. Nagaprasanna, J
The petitioner - plaintiff is before this Court seeking the following prayer:
Ø “Issue a Writ of Certiorari or any appropriate order by quash the Order dated 19.12.2024 passed in O.S. No.8870/2024 on I.A. No. 1 and I. A. No. 2 Under Order XXXIX Rule 1 and 2 on the file of Hon'ble XI Additional City Civil And Sessions Judge (CCH 8) at Bengaluru insofar as refusing to grant ex-parte interim order, as per Annexure - Z; Consequently grant injunction restraining the respondents to not to create third party interest in respect of Schedule 'A' to 'W' Property and not to withdraw the amount from the bank accounts which is mentioned in the Schedule 'X' Property in the interest of justice and equity.
Ø Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be grant under circumstances of the above Writ Petition, in the interest of justice and equity.”
Heard Sri Ganapathy Bhat, learned counsel for petitioner and Sri Sanjay Yadav B., learned counsel for respondent No.1.
What drives the petitioner to this Court is non-consideration of applications – I.A.Nos.1 and 2, both filed under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC, seeking exparte temporary injunction, by the petitioner – plaintiff in O.S.No.8870/2024 and that the concerned Court issues notice to the defendants of the aforesaid interlocutory applications.
This Court in terms of the order dated 12.02.2025, issued notice to the respondents and in order to protect the interest of the petitioner had granted an interim order on 12.02.2025, holding that, till the next date the parties were directed not to create any third party interest in respect of the suit schedule property. Now the respondents are represented and the applications are pending before the concerned Court.
In that light, I deem it appropriate to dispose the petition, with a direction that the concerned Court would consider the applications filed under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC, within four weeks from the date of receipt of a copy of this order.
With the aforesaid direction, the writ petition stands disposed.
The interim order subsisting would continue till the applications are considered.
The parties are at liberty to seek necessary orders from the hands of the concerned Court.
Ordered accordingly.