- 1 - HC-KAR NC: 2026:KHC:24512 WP No. 24876 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 24876 OF 2024 (GM-CPC) BETWEEN: 1. SMT.NAGARATHNA W/O SRI MAHADEVAIAH D/O LATE S R GOWDA AGED ABOUT 67 YEARS R/AT BYRASANDRA VILLAGE HARALURU POST GULURU HOBLI TUMAKURU TALUK TUMAKURU DISTRICT-572 104. 2. SMT LEELAVATHI W/O B RAJANNA D/O LATE S R GOWDA AGED ABOUT 65 YEARS R/AT BYRASANDRA VILLAGE HARALURU POST GULURU HOBLI TUMAKURU TALUK TUMAKURU DISTRICT-572 104 …PETITIONERS (BY SRI. FAYAZ SAB B G., ADVOCATE) AND: 1. SRI. RUDRESH S/O LATE SHIVANNA AGED ABOUT 54 YEARS R/AT BYRASANDRA VILLAGE GULUR HOBLI, TUMAKURU DISTRICT-572 118. 2. SRI SHIVAKUMAR S/O OF SHIVANNA AGED ABOUT 49 YEARS R/AT BYRASANDRA VILLAGE Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24512 WP No. 24876 of 2024 HARALURU POST, GULURU HOBLI TUMAKURU TALUK TUMAKURU DISTRICT-572 104. 3. SRI LOKESH S/O OF SHIVANNA AGED ABOUT 45 YEARS R/AT BYRASANDRA VILLAGE HARALURU POST, GULURU HOBLI TUMAKURU TALUK TUMAKURU DISTRICT-572 104. …RESPONDENTS (BY SRI. V B SIDDARAMAIAH., ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OF CERTIORARI, QUASHING IMPUGNED ORDER DATED 30.08.2024 PASSED IN O.S.NO.621/2024, PENDING ON THE FILE OF C/C I ADDL. CIVIL JUDGE AND JMFC AT TUMAKURU, WHEREIN ORDERED TO ISSUE SUIT SUMMONS AND EMERGENT NOTICE ON I.A FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE TO THE RESPONDENTS INSTEAD OF ALLOWING THE SAID INTERLOCUTORY APPLICATION FOR GRANT OF EX- PARTE AD INTERIM ORDER OF TEMPORARY INJUNCTION AS ILLEGAL, ARBITRARY, CAPRICIOUS AND PASSED WITHOUT APPLICATION OF JUDICIAL MIND, WHICH IS PRODUCED AND MARKED AS ANNEXURE- A 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 petitioners–plaintiffs have called in question the order dated 30.08.2024 passed by the I Additional Civil Judge and JMFC, Tumakuru - 3 - HC-KAR NC: 2026:KHC:24512 WP No. 24876 of 2024 (hereinafter referred to as the “Trial Court”), in O.S.No.621/2024, whereby the Trial Court did not grant an ex-parte order of injunction on IA filed by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, but issued emergent notice on the said application and suit summons to the defendants. 2. For the sake of convenience, the parties are referred to as per their rankings before the Trial Court in Original Suit. 3. The plaintiffs filed a suit in O.S.No.621/2024 before the Trial Court seeking the reliefs of bare injunction. Along with the plaint, the plaintiffs also filed IA under Order XXXIX Rules 1 and 2 of CPC, seeking an ex-parte order of temporary injunction against the defendants. The Trial Court, by the impugned order dated 30.08.2024, issued emergent notice on the said application and suit summons to the defendants and refused to grant an ex-parte order of temporary injunction. Being aggrieved by the same, the petitioners are before this Court. - 4 - HC-KAR NC: 2026:KHC:24512 WP No. 24876 of 2024 4. This Court, by order dated 12.09.2024, issued notice to the respondents-defendants and after hearing, granted an interim order directing the respondents-defendants not to interfere with the suit schedule property. 5. After service of notice by this Court, the respondents-defendants filed an application for vacation of the interim order granted by this Court on 12.09.2024. 6. Since the application filed by the plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of CPC is still pending before the Trial Court, and although notice was issued to the defendants by the impugned order dated 30.08.2024, no order has been passed on the said application, this Court deems it appropriate to dispose of this writ petition with a direction to the Trial Court to consider and dispose of the said application as expeditiously as possible. 7. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. - 5 - HC-KAR NC: 2026:KHC:24512 WP No. 24876 of 2024 b) The Trial Court is directed to dispose of application filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, in accordance with law, as expeditiously as possible, on or before 30.06.2026. c) Till consideration of IA filed by the plaintiffs, the interim order granted by this Court on 12.09.2024 shall continue. d) It is made clear that the Trial Court shall decide the said applications on merits, without being influenced by any observations made in the impugned order. All pending applications, if any, shall also disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 59