- 1 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 2557 OF 2026 (GM-CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 2620 OF 2026 (GM-CPC) MISCELLANEOUS FIRST APPEAL NO. 2621 OF 2026 (GM-CPC) IN MFA No. 2557/2026 BETWEEN: 1. SWADESHI BUILDERS A PARTNERSHIP FIRM HAVING ITS OFICE AT FLAT NO.002, GROUND FLOOR, SHIVASHAKTHI ORCHIDS APARTMENTS, 5TH CROSS, VIJAYALASHMI LAYOUT, HORAMAVU AGARA, KALKERE, BENGALURU - 560 043. REPRESENTED BY PARTNERS: IMAM SAB S/O ABDUL RAHAMAN SAB AGED ABOUT 44 YEARS R/AT NO.78, ANNAPORNESHWARI LAYOUT, GUNIAGRAHA, SHIVAKOTE, BENGLAURU - 560 089. 2. K C RAJU S/O LATE CHENNABASAPPA, AGED 51 YEARS, R/AT NO.152, 3RD MAIN, 9TH CROSS, RMV 2ND STAGE, BENGALURU - 560 092. REP BY GPA HOLDER, SWADESHI BUILDERS A PARTNERSHIP FIRM HAVING ITS OFICE AT FLAT NO.002, GROUND FLOOR, SHIVASHAKTHI ORCHIDS APARTMENTS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 5TH CROSS, VIJAYALASHMI LAYOUT, HORAMAVU AGARA, KALKERE, BENGALURU - 560 043. IMAM SAB S/O ABDUL RAHAMAN SAB AGED ABOUT 44 YEARS R/AT NO.78, ANNAPORNESHWARI LAYOUT, GUNIAGRAHA, SHIVAKOTE, BENGLAURU - 560 089. …APPELLANTS (BY SRI. M.B.CHANDRA CHOODA.,ADVOCATE) AND: 1. SMT B M SHAKUNTHALA D/O B A MUNINANJAREDDY, W/O H GOVINDARAJU, AGED 59 YEARS, R/AT HALANAYAKANAHALLI VILLAGE, GARMELARAM POST, VARTHURU HOBLI, SARJAPURA ROAD, BENGALURU - 560 035. REPRESENTED BY GPA HOLDER H GOVINDARAJU S/O HANUMANTHA REDDY, AGED 68 YEARS, RESIDING AT HALANAYAKANAHALLI, SARJAPURA ROAD, CARMELARAM POST, BANGALORE - 560 035. 2. SUSHEELA D/O POSAIAH AGED 79 YEARS, R/AT NO.1208 WEST OF CHORD ROAD, 3RD STAGE, BENGALURU - 560 086. - 3 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 3. SMT JAYALAKSHMI P SWAMY W/O MR B PITAMBARA SWAMY, AGED 56 YEARS, R/AT NO.111 4TH MAIN ROAD, 3RD STAGE, 4TH BLOCK, BASAVESHWARA NAGAR, BENGALURU - 560 079. 4. SMT JAYASHREE M W/O MR P DEVARAJ AGED 47 YEARS, R/AT NO.1115 16TH MAIN ROAD, MICO LAYOUT, HONGASANDRA, BEGUR ROAD, BENGALURU - 560 068. …RESPONDENTS (BY SRI. VIVEK SUBBA REDDY.,SENIOR COUNSEL FOR SMT. DIVYA K.,ADVOCATE FOR R1; V/O DTD 20.08.2025, NOTICE TO R2 TO R4 D/W) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 27.06.2025 PASSED ON I.A.NO.1 TO 3 IN OS.NO. 4504/2025 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-32). IN MFA NO. 2620/2026 BETWEEN: 1. SWADESHI BUILDERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT; FLAT NO.002, GROUND FLOOR, SHIVASHAKTHI ORCHIDS APARTMENTS, 5TH CROSS, VIJAYALAKSHMI LAYOUT, HORAMAVU AGARA, KALKERE, BENGALURU - 560 043. REPRESENTED BY PARTNER IMAM SAB S/O ABDUL RAHAMAN SAB - 4 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 AGED 44 YEARS, R/AT NO.78, ANNAPOORNESHWARI LAYOUT, GUNIAGRAHA, SHIVAKOTE, BENGALURU - 560 089. 2. K C RAJU S/O LATE CHENNABASAPPA AGED 51 YEARS, R/AT NO.152, 3RD MAIN, 9TH CROSS, RMV 2ND STAGE, BENGALURU - 560 092. REP BY GPA HOLDER SWADESHI BUILDERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT: FLAT NO.002, GROUND FLOOR, SHIVASHAKTHI ORCHIDS APARTMENTS, 5TH CROSS, VIJAYALAKSHMI LAYOUT, HORAMAVU AGARA, KALKERE, BENGALURU - 560 043. IMAM SAB S/O ABDUL RAHAMAN SAB AGED 44 YEARS, R/AT NO.78 ANNAPOORNESHWARI LAYOUT, GUNIAGRAHARA, SHIVAKOTE, BENGALURU - 560 089. ...APPELLANTS (BY SRI. M.B.CHANDRA CHOODA.,ADVOCATE) AND: 1. SMT. B M SHAKUNTHALA D/O B A MUNINANJAREDDY W/O H GOVINDARAJU AGED 59 YEARS, R/AT HALANAYAKANAHALLI VILLAGE, CARMELARAM POST VARTHURU HOBLI, SARJAPURA ROAD, BENGALURU - 560 035 - 5 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 REPRESENTED BY GPA HOLDER H GOVINDARAJU S/O HANUMANTHA REDDY AGED 68 YEARS, RESIDING AT HALANAYAKANAHALLI SARJAPURA ROAD, CARMELARAM POST BANGALORE - 560 035. 2. SUSHEELA D/O POSAIAH AGED 79 YEARS, R/AT NO.1208 WEST OF CHORD ROAD, 3RD STAGE, BENGALURU - 560 086. 3. SMT JAYALAKSHMI P SWAMY W/O MR. B PITAMBARA SWAMY, AGED 56 YEARS R/AT NO.111, 4TH MAIN ROAD, 3RD STAGE, 4TH BLOCK, BASAVESHWARA NAGAR BENGALURU - 560 079. 4. SMT. JAYASHREE M W/O MR. P DEVRAJ, AGED 47 YEARS, R/AT NO.1115, 16TH MAIN ROAD, MICO LAYOUT, HONGASANDRA, BEGUR ROAD, BENGALURU - 560 068. ...RESPONDENTS (BY SRI. VIVEK SUBBA REDDY.,SENIOR COUNSEL FOR SMT. DIVYA K.,ADVOCATE FOR R1; V/O DTD 20.08.2025, NOTICE TO R2 TO R4 D/W) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.27.06.2025 PASSED ON IA NO.3 IN O.S.NO.4504/2025 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS, BENGALURU CCH-32 FILED U/O 39 RULE 3(a) OF CPC. - 6 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 IN MFA NO. 2621/2026 BETWEEN: 1. SWADESHI BUILDERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT: FLAT NO.002, GROUND FLOOR, SHIVASHAKTHI ORCHIDS APARTMENTS, 5TH CROSS, VIJAYALAKSHMI LAYOUT, HORAMAVU AGARA, KALKERE, BENGALURU - 560 043. REPRESENTED BY PARTNER IMAM SAB S/O ABDUL RAHAMAN SAB, AGED 44 YEARS, R/AT NO.78, ANNAPOORNESHWARI LAYOUT, GUNIAGRAHARA, SHIVAKOTE, BENGALURU - 560 089. 2. K.C.RAJU S/O LATE. CHENNABASAPPA, AGED 51 YEARS, R/AT NO.152, 3RD MAIN, 9TH CROSS, RMV 2ND STAGE, BENGALURU - 560 092. REP. BY GPA HOLDER, SWADESHI BUILDERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT: FLAT NO.002, GROUND FLOOR, SHIVASHAKTHI ORCHIDS APARTMENTS, 5TH CROSS, VIJAYALAKSHMI LAYOUT, HORAMAVU AGARA, KALKERE, BENGALURU - 560 043. IMAM SAB S/O ABDUL RAHAMAN SAB, AGED 44 YEARS, R/AT NO.78, ANNAPOORNESHWARI LAYOUT, GUNIAGRAHARA, SHIVAKOTE, BENGALURU - 560 089. ...APPELLANTS (BY SRI. M.B.CHANDRA CHOODA.,ADVOCATE) - 7 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 AND: 1. SMT. B M SHAKUNTHALA D/O B.A. MUNINANJAREDDY W/O H. GOVINDARAJU AGED 59 YEARS, R/AT HALANAYAKANAHALLI VILLAGE, CARMELARAM POST, VARTHURU HOBLI, SARJAPURA ROAD, BENGALURU - 560 035. REPRESENTED BY GPA HOLDER H. GOVINDARAJU S/O HANUMANTHA REDDY AGED 68 YEARS, RESIDING AT HALANAYAKANAHALLI SARJAPUR ROAD, CARMELARAM POST BANGALORE - 560 035. 2. SUSHEELA D/O POSAIAH AGED 79 YEARS, R/AT NO.1208, WEST OF CHORD ROAD, 3RD STAGE, BENGALURU - 560 086. 3. SMT.JAYALAKSHMI P SWAMY W/O MR. B. PITAMBARA SWAMY, AGED ABOUT 56 YEARS, R/AT NO.111, 4TH MAIN ROAD, 3RD STAGE, 4TH BLOCK, BASAVESHWARA NAGAR, BANGALORE - 560 079. 4. SMT. JAYASHREE.M W/O MR. P. DEVRAJ, AGED 47 YEARS, R/AT NO.1115, 16TH MAIN ROAD, MICO LAYOUT, HONGASANDRA, - 8 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 BEGUR ROAD, BENGALURU - 560 068. ...RESPONDENTS (BY SRI. VIVEK SUBBA REDDY.,SENIOR COUNSEL FOR SMT. DIVYA K.,ADVOCATE FOR R1; V/O DTD 20.08.2025, NOTICE TO R2 TO R4 D/W) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 27.06.2025 PASSED ON I.A.NO.2 IN OS.NO.4504/2025 ON THE FILE OF THE XX ADDITIONAL CITY CIVIL AND SESSIONS COURT, BENGALURU CITY (CCH-32). THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT These Miscellaneous First Appeals are directed against the common order dated 27.06.2025 passed on I.A.Nos.1/2025 to 3/2025 filed by the plaintiffs in O.S.No.4504/2025 pending on the file of the XX Additional City Civil and Sessions Judge, Bengaluru City (CCH-32) (for short 'the trial Court'), whereby the Trial Court allowed the applications filed under Order XXXIX Rules 1 and 2 of CPC and granted an order of temporary injunction restraining the defendants from putting up construction. - 9 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 Brief facts: 2. Respondent No.1/plaintiff instituted a suit in O.S.No.4504/2025 seeking relief of permanent injunction. The appellants are arrayed as defendant Nos.1 and 2 in the said suit. 3. The trial Court, upon consideration of I.A.Nos.1 to 3, granted an order of injunction restraining the appellants from putting up construction on the suit schedule property. Aggrieved by the same, the present appeals are preferred. 4. Learned counsel for the appellants contends that the present suit is a third round of litigation initiated by the plaintiffs suppressing the earlier proceedings. It is submitted that earlier suit in O.S.No.3490/2005 seeking declaration and injunction was dismissed insofar as injunction is concerned, the same was affirmed in appeal in MFA No.7384/2005, and in RP.No.700/2005 and the Special Leave Petition also came to be dismissed. It is - 10 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 submitted that a subsequent suit in O.S.No.1815/2007 is still pending consideration. Suppressing these materials, the plaintiffs obtained an ex-parte injunction. It is submitted that the Trial Court has granted relief which could only be granted at the final stage. 5. Sri. Vivek Subbareddy, learned Senior Counsel appearing for respondent No.1 submits that the present appellant No.1 - Swadeshi Builders was not a party to the earlier proceedings, however, it is fairly submitted that the interim protection granted by this Court may be continued and the Trial Court may be directed to consider the application for vacating the ex-parte order independently without being influenced by any observations. 6. In this context, learned counsel for the appellants submits that their vendor was party to the earlier litigation, and therefore, the appellants, claiming through such vendor, are bound by the outcome of those proceedings. - 11 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 7. It is not in dispute that earlier proceedings relating to the same subject matter have culminated against the plaintiff insofar as interim relief is concerned. This Court in W.P.No.25370/2025 has taken note and stayed the operation of the impugned order, which reads as under: " Heard Shri M.B. Chandra Chooda, learned counsel appearing for the petitioners. The petitioners are the defendants in O.S.No.4504/2025.The concerned court has granted an order of injunction restraining the petitioners from putting up construction even. The order answers three applications in one go. The learned counsel appearing for the petitioners takes this court through the documents appended to the petition to demonstrate that the plaintiff has now instituted the suit, which is third in line. The first one was in O.S.No.3490/2005, in which the injunction sought for was rejected. Rejection of which was challenged before this court by filing an appeal. The appeal comes to be rejected. A review petition against the appeal was filed, which also comes to be rejected. This was tossed by the plaintiff before the Apex Court, only to be rejected. After - 12 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 which it transpires a second suit comes about in O.S.No.1815/2007, again seeking relief of injunction. The said suit is pending consideration. In the teeth of the pendency of the said suits, in which there is no relief granted to the plaintiff, the plaintiff suppressing all the other suits pending institutes a subject suit in O.S.No.4504/2005 and files three application; one injunction, the other for further construction and not to alienate the property, all of which are pending in the other suits. The plaint does not divulge the pendency of those suits. The court has, by an interim order, allowed all the applications and granted the relief, which ought to have been only granted at the final stage. In that light, temporary injunction so granted, shall remain stayed. The learned counsel appearing for the petitioners shall serve on the counsel, who represents the plaintiff before the concerned court and file an acknowledgment of such service. Learned counsel appearing for the petitioners files a memo seeking dispensation of notice to respondents No.2 to 4 from arraying as the respondents. The submission is placed on record. - 13 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 Service of notice to respondents No.2 to 4 are hereby dispensed with, at the risk of the petitioners. List this matter on 17.09.2025." 8. The writ petition was disposed of granting liberty to convert the proceedings into present appeals. Having regard to the above, and considering the submission of the learned senior counsel for respondent No.1, this Court is of the considered opinion that the ends of justice would be met by continuing the interim protection and directing the Trial Court to adjudicate the application for vacating the ex-parte injunction independently. Accordingly, this Court pass the following: ORDER i) The Miscellaneous First Appeals are disposed of. ii) The interim protection granted by this Court by order dated 20.08.2025 in W.P.No.25370/2024 is continued and the - 14 - HC-KAR NC: 2026:KHC:19629 MFA No. 2557 of 2026 C/W MFA No. 2620 of 2026 MFA No. 2621 of 2026 temporary injunction granted by the trial Court is stayed and such stay shall continue till the consideration of the application filed by the appellants/defendants for vacating the ex-parte order. iii) The trial Court shall consider the said application independently, without being influenced by any observations made by this Court expeditiously in accordance with law. iv) All contentions of the parties are kept open. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 1