- 1 - HC-KAR NC: 2026:KHC:14891 WP No. 5310 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5310 OF 2026 (GM-CPC) BETWEEN: SMT. SHIVAMMA W/O NAGARAJU AGED ABOUT 63 YEARS R/AT NO.2, NANJUNDESHWARA ROAD KODIPALYA POST, KODIPALYA KENGERI HOBLI, BENGALURU 560 060. …PETITIONER (BY SRI. LAKSHMIKANTH K., ADVOCATE) AND: 1. SMT. HONNAMMA W/O LATE SIDDAPPA AGED ABOUT 77 YEARS 2. MR. VASU S W/O LATE SIDDAPPA AGED ABOUT 55 YEARS BOTH ARE RESIDING AT KODIPALYA VILLAGE NEAR GOVERNMENT SCHOOL CHUDENAPURA POST, KENGRI BANGALORE 560 060. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT SET-ASIDE THE ORDER DATED 29.10.2025 PASSED ON I.A.NO.1 AND 2 IN O.S.NO.2005/2025, BY THE PRL. SENIOR CIVIL JUDGE, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14891 WP No. 5310 of 2026 BENGALURU RURAL DISTRICT, AT BENGALURU AT ANNEXURE-E. CONSEQUENTLY, ALLOW THE I.A.NO.1 AND 2 FILED BY THE PLAINTIFF/PETITIONER HEREIN AS PRAYED FOR 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 1. In this writ petition, the petitioner has called in question the order dated 29.10.2025 passed by the Prl. Senior Civil Judge, Bangalore Rural District, Bangalore, on I.A.Nos.1 and 2 filed under Order XXXIX Rule 1 and 2 of CPC, in O.S.No.2005/2025, whereby the Trial Court has refused to grant an exparte order of temporary injunction to the petitioner-plaintiff. 2. In similar matter in W.P.No.13888/2022 disposed of on 22.01.2026, this Court following various judgments of the Hon’ble Supreme Court has held that writ petition challenging the order of the Trial Court refusing to grant an exparte order of temporary injunction on an application filed under Order XXXIX Rule 1 and 2 of CPC, is not - 3 - HC-KAR NC: 2026:KHC:14891 WP No. 5310 of 2026 maintainable and the petitioner has to file an appeal under Order 43 Rule 1(r) of CPC. 3. In view of the above, the writ petition is disposed of granting liberty to the petitioner to take appropriate steps in accordance with the law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 105