Sri C M Nagaraj Vs Smt. Usha Narayana Rao

SRI C. M. NAGARAJ, S/O LATE MUNIYAPPA, AGED ABOUT 50 YEARS, RESIDING AT No.289, NEAR LAKSHMI CLINIC, CHOKKASANDRA MAIN ROAD, T.DASARAHALLI, BANGALORE - 560 057

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…PETITIONER

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(BY SRI AMEYA A. FADNIS., ADVOCATE)

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AND:

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Digitally signed by VINUTHA B S Location: High Court of Karnataka

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SMT. USHA NARAYANA RAO, W/O LATE B.K. NARAYANA RAO, AGED ABOUT 82 YEARS,

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SMT. ANUPAMA ARJUN, W/O LATE ARJUN BELMAR, AGED ABOUT 53 YEARS

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SRI. VISHRUDH A., S/O LATE ARJUN BELMAR, AGED ABOUT 24 YEARS

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SRI. ASHWIN BELMAR, S/O LATE B.K. NARAYANA RAO, AGED ABOUT 51 YEARS,

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2 -

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NC: 2026:KHC:16465 WP No. 19389 of 2025

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HC-KAR

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SRI. ABHISHEK BELMAR, S/O LATE B.K. NARAYANA RAO, AGED ABOUT 38 YEARS,

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RESPNDENTS Nos.1 TO 5 ARE RESIDING AT No.271, BELMAR ESTATE, NAGASANDRA POST, BANGALORE - 560 073.

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…RESPONDENTS

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(NOTICE TO RESPONDENTS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 04.04.2025 IN O.S. No.25389/2025 ON THE FILE OF THE LXXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-74) AT BENGALURU (ANNX-A).

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

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CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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Heard Sri Ameya A. Fadnis, learned counsel for the petitioner.

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The petitioner has instituted O.S. No.25389/2025, pending on the file of the LXXIII Additional City Civil and Sessions Judge, Bengaluru [trial Court], against the respondents, seeking a decree for specific performance of the agreement of sale dated 28.03.2022.

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3 - NC: 2026:KHC:16465 WP No. 19389 of 2025

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HC-KAR

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In the said suit, the petitioner filed I.A. No.1 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, seeking to restrain the defendants from creating third-party rights. The trial Court, under the impugned order dated 04.04.2025, ordered issuance of notice, holding that no prima facie case was made out. It is submitted that, upon completion of service of notice, the defendants have filed their written statement and the suit is now at the stage of framing of issues. Learned counsel for the petitioner submits that the trial Court has not considered I.A. No.1, though the same was pressed.

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Having considered the submissions made by learned counsel for the petitioner–plaintiff, and having recorded that no prima facie case was made out for grant of an ex parte interim order, the trial Court issued notice on I.A. No.1 to the defendants. Upon appearance of the defendants, the trial Court is bound to dispose of the application in accordance with law.

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This Court finds no valid reason for the trial Court not disposing of I.A. No.1. If I.A. No.1 is not considered, any right that may accrue in favour of the plaintiff would be prejudiced, and the petitioner would be deprived of the remedies available

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4 -

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NC: 2026:KHC:16465 WP No. 19389 of 2025

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HC-KAR

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under law. In view of the order proposed to be passed by this Court, notice to the respondents is dispensed with.

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The trial Court is directed to consider and dispose of the I.A. No.1 in O.S. No.25389/2025, pending on the file of the

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LXXIII Additional City Civil and Sessions Judge, Bengaluru, within a period of four weeks from the date of production of a copy of this order before the trial Court.

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The petitioner is at liberty to advance the suit, if necessary.

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With the above observations and directions, the writ petition is disposed of.

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Sd/(K. V. ARAVIND) JUDGE

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MV

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List No.: 1 Sl No.: 14

Sri C M Nagaraj v. Smt. Usha Narayana Rao

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Sri C M Nagaraj v. Smt. Usha Narayana Rao

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