- 1 - HC-KAR NC: 2026:KHC:10129 WP No. 39088 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 39088 OF 2025 (GM-CPC) BETWEEN: 1. RAJASHEKAR GOWDA S/O VEERASANGANA GOWDA AGED ABOUT 67 YEARS R/O CHIKKAVALI VILLAGE, UDRI POST, KUPPAGADE HOBLI SORAB TALUK SHIMOGGA DISTRICT-577419 2. SMT. PREMAMMA W/O CHANDRAPPA GOWDA AGED ABOUT 75 YEARS R/O CHIKKAVALI VILLAGE, UDRI POST, KUPPAGADE HOBLI SORAB TALUK, SHIMOGGA DISTRICT-577419. …PETITIONERS (BY SRI. VEERENDRA R PATIL., ADVOCATE) AND: 1. MANCHAPPA N G S/O GUDDE NINGAPPA AGED ABOUT 57 YEARS R/O CHIKKAVALI VILLAGE, UDRI POST, KUPPAGADE HOBLI SORAB TALUK SHIMOGGA DISTRICT-577419. 2. SHANTAPPA S/O ADIVEPPA AGED ABOUT 65 YEARS R/O CHIKKAVALI VILLAGE, UDRI POST, SORAB TALUK Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10129 WP No. 39088 of 2025 KUPPAGADE HOBLI SHIMOGGA DISTRICT-577419 …RESPONDENTS (BY SRI. VISWANATH SABARAD., ADVOCATE FOR R1; SRI.AMRUTHESH N.P., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 16.12.2025 PASSED BY THE 1ST ADDL. CIVIL JUDGE AND JMFC, SORABA IN O.S.NO. 352/2025 WHICH IS PRODUCED AND MARKED AS ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The petition by the defendants in O.S.No.352/2025 is directed against the impugned order dated 16.12.2025, whereby the trial Court directed grant of ad-interim ex-parte order of temporary injunction in favour of the respondents-plaintiffs against the petitioners-defendants. 2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that the respondents-plaintiffs instituted the aforesaid suit against the petitioners-defendants for permanent injunction and other reliefs. - 3 - HC-KAR NC: 2026:KHC:10129 WP No. 39088 of 2025 Along with the said suit, the respondents-plaintiffs have filed an application for temporary injunction. The trial Court proceeded to pass an ad-interim ex-parte order of temporary injunction, which is assailed by the petitioners in the present petition. 4. In this context, a perusal of the impugned order will indicate the same is a cryptic, laconic, unreasoned and trial Court has failed to assign any reasons whatsoever as to why notice to the petitioners was being dispensed with as contemplated under Order XXXIX Rule 3 CPC as held by the Hon’ble Apex Court and this Court in various judgments including a recent judgment of this Court in the case of Karnataka State Cricket Association Vs. Mr. Shashidhara A V – W.P.No.33725/2025 dated 17.11.2025. 5. Under these circumstances, I am of the considered opinion that the petition deserves to be disposed of by setting aside the impugned order and remitting the matter back to the Trial Court for reconsideration of I.A.No.1 afresh in accordance with law by issuing certain directions. In the result, I pass the following: ORDER i) The petition is hereby disposed of. - 4 - HC-KAR NC: 2026:KHC:10129 WP No. 39088 of 2025 ii) The impugned order dated 16.12.2025 in O.S.No.352/2025 on the file of the I Additional Civil Judge and JMFC, Soraba is hereby set aside. iii) The matter is directed to be remitted back to the trial Court for reconsideration of I.A.No.1 afresh in accordance with law within a period of 1 month from 26.02.2026. iv) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 46