- 1 - HC-KAR NC: 2026:KHC:28568 W.P. No.24055/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.24055/2022 (GM-CPC) BETWEEN: SMT. RATHNAMMA W/O LATE RAMAKRISHNAPPA AGED 80 YEARS R/AT. AVALAHALLI VILLAGE VIRGONAGAR POST BANGALORE 560049 (AADHAR CARD NO 6749 5954 1066). …PETITIONER (BY SRI. LAKSHMANA K.M. ADV., FOR SRI. BABU D.R. ADV.,) AND: 1. SMT. MEENAMMA W/O ANAND AGED 45 YEARS R/AT NEAR SHEKAR BUILDING AVALAHALLI VILLAGE VIRGONAGAR POST BANGALORE 560049. 2. SMT. SUJATHA W/O SRINIVASA AGED 32 YEARS R/AT NEAR SHEKAR BUILDING AVALAHALLI VILLAGE VIRGONAGAR POST BANGALORE 56049. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28568 W.P. No.24055/2022 3. SMT. MANJAMMA D/O MUNIKRISHNAPPA AGED 60 YEARS. 4. SRI. RAGHU AGED 35 YEARS. 5. LAKSHMI AGED 33 YEARS. RESPONDENT NOS.3 TO 5 ARE R/AT NEAR BSR LAYOUT NEXT TO RAFI GYM AVALAHALLI VILLAGE VIRGONAGAR POST BANGALORE 560049. 6. SMT. GAYATHRI D/O LATE MUNIKRISHNAPPA AGED ABOUT 55 YEARS R/AT NEAR BUS STOP AVALAHALLI VILLAGE VIRGONAGAR POST BANGALORE 560049. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE IV ADDITIONAL CIVIL JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE IN OS.NO.1375/2022 BY ALLOWING THE IA FILED BY THE PETITIONER VIDE ANNEXURE-B DATED 08.11.2022 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:28568 W.P. No.24055/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 08.11.2022 passed on IA.No.1 in OS.No.1375/2022 by the IV Additional Civil Judge, Bengaluru Rural District, Bengaluru (for short ‘the trial Court’). 2. Heard the learned counsel for the petitioner and perused the material on record. 3. The petitioner has filed OS.No.1375/2022 against the respondents seeking the relief of permanent injunction against the respondents restraining them from interfering with the peaceful possession and enjoyment of the suit schedule property. The suit schedule property is shown as a piece and parcel of the property bearing Sy.No.46/3 measuring 24 guntas situated at Avalahalli Village, Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru. In the said suit, the petitioner/plaintiff filed an application under Order XXXIX Rule 1 and 2 of the Code of Civil - 4 - HC-KAR NC: 2026:KHC:28568 W.P. No.24055/2022 Procedure, 1908 (for short ‘CPC’) seeking an order of temporary injunction against the defendants. The petitioner pressed the said application and sought an exparte temporary injunction. The trial Court vide order dated 08.11.2022, ordered to issue suit summons and emergent notice on IA.No.1 to the defendants. It is to be noticed that the petitioner/plaintiff has specifically asserted that she is the owner of the suit schedule property and that the defendants are trying to dispossess and putting up construction in a certain portion of the suit schedule property. In order to substantiate the same, she has produced photographs. It is further to be noticed that the suit in OS.No.1375/2022 is now transferred to the Court of the Principal Civil Judge, K.R.Puram, Bengaluru Rural District, Bengaluru and has been re-numbered as OS.No.43/2026 and is pending before the said Court. 4. It is also to be noticed that this writ petition has been pending since 28.11.2022 and even notice in the petition has not yet been ordered. Hence, it would be - 5 - HC-KAR NC: 2026:KHC:28568 W.P. No.24055/2022 appropriate to direct the trial Court to consider the application of the petitioner/plaintiff filed under Order XXXIX Rule 1 and 2 of CPC in accordance with law, at the earliest. With the aforesaid observations, the writ petition is disposed of. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 18