- 1 - NC: 2025:KHC:17392 MFA No. 2776 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2776 OF 2025 (CPC) BETWEEN: 1. SRI K S RAVINDRA S/O LATE K H SHIVARAM, AGED ABOUT 63 YEARS, 2. SMT. B H KANTHA W/O SRI K R RAVINDRA AGED ABOUT 55 YEARS BOTH R/AT NO.103, 3RD CROSS, 4TH MAIN, RAILWAY PIPELINE, RPC LAYOUT, VIJAYANAGAR 2ND PHASE, BANGALORE - 40 AND ALSO AT NO.1, OLD NO.29/1, SITUATED AT H.GOLLAHALLI, KENGERI, BENGALURU-60. …APPELLANTS (BY SRI. MURALI M.,ADVOCATE) AND: SMT. RAMESHWARI W/O LATE JOGENDRA SINGH, AGED ABOUT 36 YEARS R/AT NO. 186, 1ST FLOOR, MUDDAIAH ALIAS MUDDANNA BUILDING, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17392 MFA No. 2776 of 2025 SBS ROAD, H. GOLLAHALLI KENGERI, BENGALURU - 60. …RESPONDENT THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.18.03.2025 PASSED ON IA NO.1 IN O.S.NO.505/2025 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE , BENGALURU RURAL DISTRICT, BENGALURU, ISSUING EMERGENT NOTICE ON IA.NO.1 AND SUIT SUMMONS TO THE DEFENDANT U/O.39 RULE 1 AND 2 OF CPC, 1908. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The plaintiffs being aggrieved by the order dated 18.03.2025, in which, O.S.No.505/2025 pending on the file of I Addl. Senior Civil Judge, Bengaluru Rural, Bengaluru, that only against issuance of emergent notice on I.A.No.1 and suit summons issued to the defendant, the appeal is preferred. 2. The plaintiffs have filed the suit for specific performance of contract and also filed the application i.e, I.A.No.1 under Order XXXIX Rules 1 and 2 of CPC for grant of ad-interim exparte order of temporary injunction, but the trial Court has not issued exparte order of temporary - 3 - NC: 2025:KHC:17392 MFA No. 2776 of 2025 injunction, but only issued emergent notice on I.A.No.1 and suit summons were issued. Against this, the present appeal is filed. 3. The trial Court is of the opinion that there are no sufficient grounds to grant an ad-interim exparte order of temporary injunction and has only issued emergent notice on I.A.No.1 and suit summons to the defendant. Therefore, the appeal would be disposed of with a direction to the trial Court to consider I.A.No.1 as expeditiously as possible in accordance with law on merits. With this observation, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE PB List No.: 1 Sl No.: 46