- 1 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 35468 OF 2025 (GM-CPC) BETWEEN: 1. SMT. INDUSHREE. H. B. D/O. S. BASAVARAJU AGED ABOUT 33 YEARS. 2. KUM. DEERAJ H.B. S/O. S. BASAVARAJU AGED ABOUT 26 YEARS. BOTH R/AT #250 MAHADESHWARANAGARA MAIN ROAD, HEROHALLI CROSS VISHWANEEDAM POST YASHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. …PETITIONERS (BY SRI SHREERAM TIMMAPPA NAYAK, ADVOCATE) AND: 1. SRI S. BASAVARAJU S/O. LATE SRI H.C. SIDDAGANGAPPA AGED ABOUT 69 YEARS, R/AT #250, MAHADESHWARANAGARA MAIN ROAD, HEROHALLI CROSS VISHWANEEDAM POST YASHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 2. SRI S.TRIPURANTHAKA MURTHY @ RENUKA Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 S/O. LATE SRI H.C. SIDDAGANGAPPA AGED ABOUT 62 YEARS R/AT #258, MAHADESHWARANAGARA MAIN ROAD, HEROHALLI CROSS VISHWANEEDAM POST YASHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. ALSO AT NO.5/6, VIDYAMANANAGAR ANDRAHALLI, VISHWANEEDAM POST YASHWANTHAPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 091. 3. SRI S. VIGNESH SHISHIR S/O. SMT. G. ANITHA AGED ABOUT 35 YEARS R/AT NO.4, 1ST MAIN 1ST CROSS, NEHRUNAGAR SHESHADRIPURAM BENGALURU - 560 020. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 11.11.2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL IN O.S.NO.2131/2025 ON I.A.NO.I UNDER ORDER XXXIX RULES 1 AND 2 OF CPC AT ANNEXURE-A, AS ARBITRARY AND UNSUSTAINABLE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner. 2. The petitioners are the plaintiffs, who have instituted a suit in O.S.No.2131/2025 against the respondents-defendants before the trial Court seeking following reliefs: "a. Directing partition and division of the Item No.1 to 3 of the suit schedule A property and to put the Plaintiffs in separate possession of their 1/3rd (33.33%) Share in the Item No.1 to 3 of the suit schedule A property; b. Directing the defendant No.1 to pay the plaintiffs their legitimate 1/3rd (33.33%) share in the mesne profits in respect of the Item No.1 to 3 of the suit schedule property; c. To declare that the sale deed dated 31.03.2018 and the rectification deed dated 19.04.2018 executed by the Defendant No.2 in favour of the Defendant No.3 are not binding on the shares of the Plaintiffs and the Defendant No.1; d. For permanent injunction restraining the defendants from alienating, encumbering or - 4 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 disposing off the Item No.1 to 3 of the suit schedule A property in any manner; e. Order for holding enquiry in respect of mense profits under Order 20 Rule 12 CPC from date of suit to delivery of possession of their legitimate share in the Item No.1 to 3 of the suit schedule A property. f. Grant such other relief’s including payment of costs that this Hon’ble Court deems fit to grant in the circumstances of the case.” 3. Along with the plaint, the plaintiffs have filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, wherein they sought for an ad interim ex parte order of temporary injunction restraining the defendants, their agents, servants, henchmen, or any other persons claiming through or under them from Alienating/Creating further encumbrance over the suit schedule properties by way of sale, mortgage, hypothecation, lease or gift in favour of third parties, pending disposal of the suit. The affidavit was also annexed to the said application. - 5 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 4. The trial Court, after hearing the petitioners- plaintiffs on the application for grant of an ad interim ex parte order of temporary injunction filed under XXXIX Rules 1 and 2 read with Section 151 of CPC, passed an order by issuance of emergent notice on I.A.No.I and suit summons to the defendant Nos.1 to 3 returnable by 11.12.2025. Aggrieved by which, the petitioners-plaintiffs are before this Court. 5. This Court does not find any need or necessity to issue notice to the respondents, as the same is not yet served before the trial Court on the suit proceedings or on the application. 6. It is the contention of the learned counsel for petitioners-plaintiffs that the impugned order passed by the trial Court is illegal, arbitrary, perverse and is not sustainable. The same deserves to be set aside and consequently, the plaintiffs seek an interim order from this Court to restrain the defendants from creating further - 6 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 encumbrance over the suit schedule properties by way of sale, mortgage, hypothecation, lease or gift in favour of third parties, pending disposal of the suit. 7. Learned counsel for petitioners-plaintiffs further contended that the defendants are making hectic efforts to alienate the suit schedule properties. Therefore, the plaintiffs have filed an application for grant of an ad interim ex parte order of temporary injunction by dispensing notice to the defendants for a direction to not alienate the suit schedule properties, which would further create multiplicity of proceedings. 8. When an application is filed under Order XXXIX Rules 1 and 2 of CPC in the suit proceedings, it is the duty and obligation of the trial Court to pass suitable orders on the said application by following Proviso to Order XXXIX Rule 3 of CPC, wherein the plaintiffs are seeking relief of an ad interim ex parte order of temporary injunction before issuance of notice to the defendants as the delay in - 7 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 issuance of notice would cause irreparable hardship and injury to the plaintiffs. 9. In those circumstances, it is provided in the provision that under extraordinary exceptional circumstances, if the trial Court being satisfied to grant such a relief prior to issuance of notice to the defendant/s, it is not necessary in all cases that the trial Court would have to issue emergent notice or hear the defendant/s before passing an ad interim ex parte order of temporary injunction. There are two stages arising out of the provision under Order XXXIX Rules 1 and 2 of CPC, i.e., to issue notice and thereafter, hear and pass orders when there is no urgency made out or the delay would not cause any harm to the plaintiff/s. However, on the contrary, when the delay in issuance of notice infringes the personal liberty, right or damage to the property or creates threat to the person or property of the plaintiff/s, the trial Court is obligated and duty bound to pass a reasoned order to protect the plaintiffs and preserve their property. - 8 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 10. It is relevant to note that while deciding the application under Order XXXIX Rules 1 and 2 of CPC, the trial Court would have to consider the judgments of the Hon'ble Apex Court in the cases of Shiv Kumar Chadha v/s Municipal Corporation of Delhi and others reported in (1993) 3 SCC 161, Time City infrastructure and Housing Limited Lucknow V/s State of U.P. and others reported in 2025 SCC Online SC 1674, the Co-ordinate Bench of this Court in the case of Vedant Fashions Pvt.Ltd. v/s Smt.Rajul Devi reported in 2014 SCC OnLine Kar 7191 and also this Court in the case of Karnataka State Cricket Association v/s Mr. Shashidhara A.V. in W.P.No.33725/2025 (decided on 17.11.2025). 11. However, in the present case on hand, the fact is that the trial Court has not bothered to pass a reasoned order either to grant or reject an ad interim ex parte order of temporary injunction. Hence, the order passed by the trial Court is not sustainable. - 9 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 12. Accordingly, I pass the following: ORDER i) This writ petition is disposed of; ii) The matter is remitted back to the trial Court to consider the application filed under Order XXXIX Rules 1 and 2 of CPC either to grant or reject and while doing so, the trial Court is bound to provide reasons either way. iii) The trial Court shall pass suitable orders without being influenced by any of the observations made herein, except with regard to following due process of law and adhering to the provisions under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, Proviso to Order XXXIX Rule 3 of CPC, the judgments of the Hon'ble Apex Court and the judgments of this Court, strictly. iv) In view of the fact that today being 18.12.2025 and only one day left for the beginning of the winter vacation, learned counsel for petitioners contended that there may be chances of the defendants encumbering, alienating and creating third party rights during the winter vacation and it may not be possible for the trial Court to take - 10 - HC-KAR NC: 2025:KHC:54142 WP No. 35468 of 2025 up the matter instantly as only there being one working day; v) The plaintiffs as well as the defendants shall maintain status-quo till the application on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC is considered by the trial Court; vi) The trial Court is either at liberty to dispose of the application on the next date or continue the status-quo order till the application is disposed of in accordance with law. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 10