- 1 - HC-KAR NC: 2026:KHC:27681 WP No. 17002 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17002 OF 2026 (GM-CPC) BETWEEN: SMT. SMRITI MARODIA W/O AJAY MARODIA, AGED ABOUT 58 YEARS, R/O NO 5/4, BIJOY GARH, REGENT ESTATE, CIRCUS AVENUE, KOLKATA, WEST BENGAL-700 092 …PETITIONER (BY SRI.S.B.HALLI, ADVOCATE) AND: 1. M.VENKATACHALAPATHI S/O MUNIVENKATAPPA, AGED ABOUT 53 YEARS, R/O NO-11, 2ND CROSS, SHANIMAHATHMA TEMPLE ROAD, DEVASANDRA, K.R.PURAM, BENGALURU-NORTH, BENGALURU-560 036 2. GOVARDAN C., S/O CHANDRAPPA, AGED ABOUT 41 YAERS, R/O NO.171, COLONY ROAD, GUNDUR VILLAGE, VIRGONAGAR POST, BENGALURU EAST-TALUK, BENGALURU-560 049 …RESPONDENTS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27681 WP No. 17002 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO PASS AN APPROPRIATE ORDER/DIRECTION IN THE NATURE OF WRIT TO THE LEARNED SENIOR CIVIL JUDGE AT HOSAKOTE, IN OS /2026 (THE EMERGENT NOTICE ON IA NO-II ISSUED BY THE VACATION DISTRICT JUDGE, BENGALURU RURAL DISTRICT IN V.O.S NO 208/2026) TO BE HERE ON IA NO-II FILED U/O ORDER 39 RULES LAND 2, R/W SECTION 151 OF CPC, FOR GRANT OF EX- PARTE AD-INTERIM TEMPORARY INJUNCTION AGAINST THE RESPONDENTS RESTRAINING THEM ALIENATING THE SUIT SCHEDULE PROPERTY, VIDE ANNEXURE-J. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER Aggrieved by the orders passed on IA.No.I in V.O.S.No.208/2026 dated 27.05.2026 by the VIII Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, whereby the trial Court without passing an order issued emergent notice on I.A.No.II to defendants, the petitioner/plaintiff is before this Court. 2. Learned counsel appearing for the petitioner submits when an I.A. is filed seeking ad-interim temporary injunction the trial Court has to pass an order on that, either granting or rejecting the I.A., but the trial Court had issued emergent notice on I.A.No.II. It is submitted that till the notice is served - 3 - HC-KAR NC: 2026:KHC:27681 WP No. 17002 of 2026 on the respondents, there may be an injunction restraining the defendants from alienating the suit schedule property. 3. Having heard the learned counsel for the petitioner, perused the entire material on record. When the petitioner has filed an application seeking ad-interim temporary injunction, the trial Court ought to have considered the same. If the trial Court finds no substance in the plea, it ought to have dismissed the same on merits. Instead of passing any order on the I.A., the trial Court had issued emergent notice. This Court finds force in the argument of the learned counsel for the petitioner. Accordingly, this Court is passing the following: ORDER i. The order passed in V.O.S.No.208/2026 dated 27.05.2026 by the VIII Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, is set aside. ii. The trial Court shall consider the application that is filed by the petitioner on I.A.No.II in accordance with law within a period of one week from the date of receipt of copy of this order. iii. The petitioner shall seek advancement of the case. - 4 - HC-KAR NC: 2026:KHC:27681 WP No. 17002 of 2026 iv. Accordingly, the writ petition is disposed of. v. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 19