- 1 - HC-KAR NC: 2026:KHC:30007 WP No. 17991 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 17991 OF 2026 (GM-CPC) BETWEEN: 1. MANJUNATH H., S/O HANUMAIAH, AGED ABOUT 49 YEARS, R/AT NO.41/A, SUMANTH NILAYA, 3RD CROSS, 4TH MAIN, KENGERI UPANAGARA, BENGALURU – 560 060 2. MURALI KRISHNA S/O HANUMAIAH, AGED ABOUT 56 YEARS, R/AT NO.1109, 2ND MAIN, 4TH CROSS, KENGERI UPANAGARA, BENGALURU – 560 060 …PETITIONERS (BY SRI. SHARATH S GOWDA, ADVOCATE) AND: SUNIL BALAGAVI S/O T.B BALAGAVI AGED ABOUT 42 YEARS R/AT NO.120, 6TH MAIN ROAD, 2ND STAGE, K.H.B COLONY, BENGALURU – 560 079 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30007 WP No. 17991 of 2026 QUASH THE IMPUGNED ORDER DATED 27.05.2026, TO THE EXTENT OF DECLINING TO GRANT AD-INTERIM ORDER OF TEMPORARY INJUNCTION, PASSED BY THE VACATION COURT, VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL, IN IA NO.2 (APPLICATION UNDER ORDER XXXIX RULE 1 AND 2 OF CPC), IN VOS NO.220/2026, LATER RENUMBERED AS OS NO.503/2026, PENDING ON THE FILE OF 1ST ADDITIONAL CIVIL JUDGE, BENGALURU RURAL, VIDE ANNEXURE A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, it is prayed that this Hon’ble Court be pleased to: a. Issue writ in the nature of certiorari or any other appropriate writ, order or direction to quash the impugned order dated 27.05.2026, to the extent of declining to grant ad-interim order of temporary injunction, passed by the Vacation Court, VIII Additional District and Sessions Judge, Bengaluru Rural in I.A.No.2 (Application under Order XXXIX Rule 1 & 2 of CPC) in O.S.No.220/2026, later renumbered as O.S.No.503.2026, pending on the file of 1st - 3 - HC-KAR NC: 2026:KHC:30007 WP No. 17991 of 2026 Additional Civil Judge, Bengaluru Rural, vide Annexure-A. b. Grant ad-interim order of exparte temporary injunction restraining the respondent or anyone claiming under his from interfering with petitioners’ possession over the schedule properties, pending disposal of I.A.No.2 in O.S.No.220/2026, renumbered as O.S.No.503/2026, pending on the file of 1st Additional Civil Judge, Bengaluru Rural, and c. Grant such order relief that this Hon’ble Court may deem fit in the facts and circumstances of the matter.” 2. Learned counsel appearing for the petitioners submits when an application is filed seeking an ad interim injunction, the Trial Court has to grant an order or the Court has to pass order. But it cannot order summons to the respondents. 3. In this regard, reliance is placed on the order passed by a Co-ordinate Bench of this Court in Dhalitha Vividha Gramodyoga Kaigarika Sahakara Sanga Niyamitha (R) Vs Samatha Sainika Dal SSD, arising out of W.P.No.35488/2025(GM-CPC) dated - 4 - HC-KAR NC: 2026:KHC:30007 WP No. 17991 of 2026 09.12.2025, wherein Co-ordinate Bench of this Court has observed as follows: "6. This Court does not find any need or necessity to issue notice to the respondent- defendant for the reason that the petitioner is questioning the non-passing of the order on the application in IA.No.1, wherein the trial Court has neither passed any order for grant of an ad interim ex parte order of temporary injunction or for rejection of the same. 7. When an application is filed under Order XXXIX Rules 1 and 2 of CPC by the plaintiff along with the plaint seeking an ad interim ex parte order of temporary injunction, it becomes the duty and obligation of the trial Court to consider the same and pass suitable orders either granting or rejecting the ad interim ex parte order of temporary injunction. This Court in the case of Karnataka State Cricket Association vs. Mr.Shashidhara A.V. in WP.No.33725/2025 [Decided on 17.11.2025] has made certain observations and guidelines as to how the trial Court has to deal with an application filed under Order XXXIX Rules 1 and 2 of CPC. It is not optional for the trial Court to merely issue notice to the defendant before passing an interim order of temporary injunction against the defendant. 8. The trial Court will also have to consider judgments of the Hon'ble Apex Court in the - 5 - HC-KAR NC: 2026:KHC:30007 WP No. 17991 of 2026 cases of Shiv Kumar Chadha vs. Municipal Corporation of Delhi and others reported in (1993)3 SCC 161, Time City Infrastructure and Housing Limited Lucknow vs. State of U.P. and Others reported in 2025 SCC Online SC 1674 and the judgment of the Coordinate Bench of this Court in the case of Vedant Fashions Pvt. Ltd., vs. Smt.Rajul Devi reported in 2014 SCC OnLine Kar 7191 while deciding the application under Order XXXIX Rules 1 and 2 of CPC. 9. It is brought to the notice of this Court that notice is yet to be served on the defendant. Therefore, it would be appropriate for this Court to direct the trial Court to decide the application either granting or rejecting an ad interim ex parte order of temporary injunction by providing proper reasons." 4. Considering the urgency as put forth by the learned counsel for the petitioner and in the light of the order passed in W.P.No.35488/2025(GM-CPC) referred supra, this matter is remanded back to trial Court directing the trial Court to consider I.A.No.I filed by the petitioners in accordance with law. 5. In that view of the matter, this Court is passing the following: - 6 - HC-KAR NC: 2026:KHC:30007 WP No. 17991 of 2026 ORDER i. Accordingly, the writ petition is allowed by setting aside the order dated 27.05.2026 passed in I.A. No.1 in O.S.No.220/2026 on the file of the VIII Additional District and Session Judge, Bengaluru Rural District, Bengaluru. ii. The matter is remanded back to the Trial Court and the Trial Court shall consider I.A. No.1 filed by the petitioners on its merits, in accordance with law, within a period of one week from the date of receipt of a copy of this order. iii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 46