- 1 - HC-KAR NC: 2026:KHC:13808 WP No. 5515 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5515 OF 2025 (GM-CPC) BETWEEN: 1. SMT. MUNIYAMMA W/O LATE R RANGAPPA AGED ABOUT 77 YEARS. 2. SRI NARAYANASWAMY R S/O LATE R RANGAPPA AGED ABOUT 57 YEARS. 3. SRI R RAMESH S/O LATE R RANGAPPA AGED ABOUT 50 YEARS. ALL ARE R/AT SOLLEPURA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BANGALORE URBAN DISTRICT-562125. …PETITIONERS (BY SRI. DAYALU K N., ADVOCATE) AND: SRI S M SHIVASHAHNKAR S/O LATE MUNIYAPPA AGED ABOUT 54 YEARS R/AT SOLLEPURA VILLAGE SARJAPURA HOBLI, ANEKAL TALUK BANGALORE URBAN DISTRICT- 562125. …RESPONDENT (BY SRI. SIDDESWARA N K., ADVOCATE FOR RESPONDENT) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13808 WP No. 5515 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER DATED: 19.02.2025 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL, IN O.S.NO.123/2016 ANNEXURE-G THEREBY RESTORING THE EX PARTE TEMPORARY INJUNCTION GRANTED ON 02.02.2016 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed by the plaintiffs under Article 227 of the Constitution of India, challenging the order dated 19.02.2025 passed by the Principal Senior Civil Judge and JMFC, Anekal, in O.S. No.123/2016, whereby the ex-parte temporary injunction granted in favour of the petitioners/plaintiffs has been vacated. 2. The plaintiffs have filed a suit in O.S. No.123/2016 for declaration and other consequential reliefs. Along with the plaint, they have filed an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, seeking to restrain the defendants from alienating the suit schedule property till the disposal of the suit. The trial - 3 - HC-KAR NC: 2026:KHC:13808 WP No. 5515 of 2025 Court granted an ex-parte temporary injunction order on 02.02.2016, and the same has been continued from time to time. On 19.02.2025, since the counsel for the plaintiffs was not present before the trial court, the same was vacated. 3. Since the temporary injunction order was operating since 2016, the trial Court is hereby directed to dispose of the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 of CPC, and also the application filed by the defendant under Order XXXIX Rule 4 of CPC, on or before 15.04.2026. 4. In view of the above, the following order is passed: (i) The writ petition stands allowed. (ii) The impugned order dated 19.02.2025 passed by the Principal Senior Civil Judge and JMFC, Anekal, - 4 - HC-KAR NC: 2026:KHC:13808 WP No. 5515 of 2025 vacating the ex-parte temporary injunction, is quashed. (iii) The trial Court is directed to dispose of the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 of CPC and the application filed by the defendant under Order XXXIX Rule 4 of CPC on or before 15.04.2026. (iv) The ex-parte temporary injunction granted on 02.02.2016 is extended till the disposal of the said applications. (v) In view of the disposal of the main matter, all pending applications stand disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 92