- 1 - HC-KAR NC: 2026:KHC:18121 WP No. 16574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16574 OF 2025 (GM-CPC) BETWEEN: ABDUL MALLICK S/O ABDUL MAJID AGED 59 YEARS R/AT NO.451, BUS STAND ROAD KENGERI, BANGALORE-560060. …PETITIONER (BY SRI. CHANDRASHEKAR C., ADVOCATE [VC]) AND: LAKSHMAN S/O LATE THIMMAIAH AGED 50 YEARS R/AT NO.30/36, 7TH CROSS 5TH MAIN, DASAPPA GARDEN DEVANATHACHAR ROAD, CHAMRAJPET BENGALURU-560018. …RESPONDENT (BY SRI. MANJUNATH C., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:09-05-2025 (ANNEXURE-A), PASSED ON IA NO.II, UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF C.P.C, IN OS.NO.3541/2025, FILED BY THE PETITIONER/PLAINTIFF AGAINST THE RESPONDENT, ON THE FILE OF THE VACATION BENCH I.E. THE HONBLE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU, WHEREIN THE HON’BLE COURT HAS DECLINED TO GRANT AN EX-PARTE ORDER OF TEMPORARY INJUNCTION AND ORDERED TO ISSUE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18121 WP No. 16574 of 2025 NOTICES ON IA-II TO THE RESPONDENT, BY A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER 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 plaintiff under Articles 226 and 227 of the Constitution of India, challenging the refusal of ex-parte temporary injunction order by the XXXIX Additional City Civil and Sessions Judge, Bengaluru. 2. The parties are referred to as per their ranking before the trial court. 3. The plaintiff filed a suit in O.S. No. 3541/2025 for bare injunction. Along with the plaint, he filed an application IA No.II under Order XXXIX Rules 1 and 2 r/w. Section 151 of the Code of Civil Procedure, seeking for a temporary injunction. The trial court refused to grant an ex-parte injunction. Aggrieved by the same, the petitioner has approached this Court. - 3 - HC-KAR NC: 2026:KHC:18121 WP No. 16574 of 2025 4. This Court, by order dated 16.06.2026, directed the parties to maintain status-quo. The application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC is still pending before the trial court. The defendant has now been served and has also filed a written statement. 5. In view of the above, the following order is passed: (i) The writ petition stands disposed of. (ii) The trial court is directed to dispose of the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC by the end of June 2026. (iii) The parties are at liberty to advance their case. If, on the date fixed by the trial court for hearing the said application, the petitioner is absent, the trial court may reject the application. - 4 - HC-KAR NC: 2026:KHC:18121 WP No. 16574 of 2025 (iv) The interim order granted by this Court on 16.06.2025 shall continue until the disposal of the said application. (v) In the meantime, liberty is reserved to the respondent/defendant to file objections to the application. (vi) 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.: 71