- 1 - HC-KAR NC: 2026:KHC:22331 W.P. No.19516/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.19516/2022 (GM-CPC) BETWEEN: SMT. LOKADEVI W/O SRI. NAGARAJ AGED ABOUT 51 YEARS R/A MANGANAHALLI VILLAGE SOOLIKERE POST YESHWANTHPUR HOBLI BENGALURU-560060. …PETITIONER (BY SRI. NISHANTH A.V. ADV.,) AND: 1. SMT. HONAMMA ALIAS HANNAMMA W/O LATE NARASIMHAIAH @ CHIKKANARASIMHAIAH @ VENKATANARASIMHAIAH AGED ABOUT 57 YEARS. 2. SRI. MANJUNATH .V S/O LATE NARASIMHAIAH @ CHIKKANARASIMHAIAH @ VENKATANARASIMHAIAH AGED ABOUT 39 YEARS. 3. SMT. LAKSHMIDEVI D/O LATE NARASIMHAIAH @ CHIKKANARASIMHAIAH @ VENKATANARASIMHAIAH AGED ABOUT 32 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22331 W.P. No.19516/2022 ALL ARE R/AT. MANGANAHALLI VILLAGE SOOLIKERE POST YESHWANTHPUR HOBLI BENGALURU-560060. 4. SRI. MANJUNATH M.V. S/O VENKATARASAPPA AGED ABOUT 39 YEARS R/A MANGANAHALLI VILLAGE SOOLIKERE POST YESHWANTHPUR HOBLI BENGALURU-560060. …RESPONDENTS (R1 TO R4 SERVED AND UNREPRESENTED) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD.4.7.2022 PASSED BY THE 1ST ADDITIONAL SR. CIVIL JUDGE BENGALURU RURAL IN O.S.NO.1425/2022 ON IA NO.1 AND 2 INSOFAR AS IT PERTAINS TO NON-GRANTING OF EX- PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENT VIDE ANNEXURE-Q. ALLOW THE APPLICATION BEARING IA NO.1 AND IA NO.2 DTD.30.6.2022 FILED BY THE PETITIONER IN O.S.NO.1425/2022 1ST ADDITIONAL SR CIVIL JUDGE BENGALURU RURAL VIDE ANNEXURE-B AND C AND THEREBY GRANT AN EX-PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENTS TO RESTRAIN THE RESPONDENTS TO HIS AGENTS OR ANY PERSONS CLAIMING UNDER OR THROUGH HIM FROM ALIENATING OR ENCUMBERING OR CREATING ANY CHARGE OF WHATSOEVER NATURE OF THE SCHEDULE PROPERTY AND TO RESTRAIN THE RESPONDENT FROM CHANGING THE NATURE OF THE SCHEDULE PROPERTY PENDING DISPSOAL OF THE PRESENT SUIT BEARING O.S.NO.1425/2022 FILED BEFORE 1ST ADDITIONAL SR CIVIL JUDGE BENGALURU RURAL & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:22331 W.P. No.19516/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated 04.07.2022 passed on I.A.Nos.1 and 2 in O.S.No.1424/2022 by the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru. 2. Though notice is served on the respondents, there is no representation. 3. Heard the learned counsel for the petitioner. 4. This writ petition is filed being aggrieved by the non-consideration of I.A.No.1 filed by the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short, 'the CPC') seeking an ex parte temporary injunction. The Trial Court, under the impugned order dated 04.07.2022 issued emergent notice on I.A.No.1 and the suit summons to the defendants. It is to be noticed that the petitioner has filed a suit for specific performance - 4 - HC-KAR NC: 2026:KHC:22331 W.P. No.19516/2022 of the agreement of sale dated 17.12.2016 and for other consequential reliefs. In the said suit, an application under Order XXXIX Rule 1 and 2 of the CPC, came to be filed and the plaintiff sought for the consideration of said application ex parte. However, the Trial Court declined to grant ex parte temporary injunction. In the meanwhile, the petitioner has filed the present petition. This Court, on 28.09.2022 has passed the following order: "Issue notice to the respondents. Till the next date of hearing, the respondents are restrained from alienating in any portion of the suit schedule property List on 19.10.2022." 5. It is to be noticed that the said order is in force till this day and the respondents have not appeared. In my considered view, interest of justice would be met if the aforesaid interim order granted by this Court remains in force till the Trial Court considers the petitioner's application in I.A.No.1 filed under Order XXXIX Rule 1 and 2 of the CPC. - 5 - HC-KAR NC: 2026:KHC:22331 W.P. No.19516/2022 6. Hence, I proceed to pass the following: ORDER (i) The writ petition is allowed. (ii) The Trial Court is directed to consider I.A.No.1 filed by the petitioner-plaintiff under Order XXXIX Rule 1 and 2 of the CPC, after hearing the parties to the suit. (iii) Until such consideration, the interim order granted by this Court dated 28.09.2022 shall remain in force. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 38