- 1 - HC-KAR NC: 2026:KHC:18057 WP No. 10229 of 2026 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. 10229 OF 2026 (GM-CPC) BETWEEN: SMT. YASHODA M L W/O SRI. K. SURESH D/O LATE M.R. LAKSHMANAPPA AGED ABOUT 40 YEARS R/AT NO. 403, 6TH BLOCK SIR M. VISVESWARAIAH LAYOUT NEAR KLE LAW COLLEGE BANGALORE-560 091. …PETITIONER (BY SRI. S SREEVATSA, SENIOR COUNSEL FOR SRI. PRAVEEN S., ADVOCATE) AND: 1. SMT. PARVATHAMMA W/O LATE M.R LAKSHMANAPPA AGED ABOUT 61 YEARS R/AT NO.111, 12TH CROSS 9TH MAIN, OPP. MOUNT CARMEL SCHOOL IDEAL HOMES, RAJARAJESHWARI NAGAR BANGALORE-560 098. 2. SMT. M.L. CHANDRAKALA W/O R. SHIVAKUMAR D/O LATE M.R LAKSHMANAPPA AGED ABOUT 44 YEARS R/AT NO.111, 12TH CROSS 9TH MAIN, OPP. MOUNT CARMEL SCHOOL IDEAL HOMES, RAJARAJESHWARI NAGAR BANGALORE-560 098. 3. SMT. M.L. VIJAYALAKSHMI W/O D.C. GOWRISHANKAR Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18057 WP No. 10229 of 2026 D/O LATE M.R LAKSHMANAPPA AGED ABOUT 41 YEARS R/AT BYRANAIKAHALLI DODDABELE HOBLI BANGALORE- 562 132. 4. SMT. M.L. PRAMILA D/O LATE M.R LAKSHMANAPPA AGED ABOUT 39 YEARS R/AT NO.111, 12TH CROSS 9TH MAIN, OPP. MOUNT CARMEL SCHOOL IDEAL HOMES, RAJARAJESHWARI NAGAR BANGALORE-560 098. 5. SRI. M.L. LAKSHMI NARAYANASWAMY S/O LATE M.R LAKSHMANAPPA AGED ABOUT 36 YEARS R/AT NO. 403, 6TH BLOCK SIR M. VISVESWARAIAH LAYOUT NEAR KLE LAW COLLEGE BANGALORE-560 091. 6. SRI. S. VISHNU S/O R. SHIVAKUMAR AGED ABOUT 25 YEARS R/AT NO. 403, 6TH BLOCK SIR M. VISVESWARAIAH LAYOUT NEAR KLE LAW COLLEGE BANGALORE-560 091. 7. SRI. HARSHITH GOWDA S/O K. SURESH AGED ABOUT 19 YEARS R/AT NO. 403, 6TH BLOCK SIR M. VISVESWARAIAH LAYOUT NEAR KLE LAW COLLEGE BANGALORE- 560 091. 8. SRI. P. NAGARAJ S/O LATE PUTTASWAMAIAH AGED ABOUT 52 YEARS - 3 - HC-KAR NC: 2026:KHC:18057 WP No. 10229 of 2026 R/AT NO. 287/31, 17TH CROSS MTS LAYOUT, KENGERI SATTELITE TOWN BANGALORE-560 060. 9. SRI. G. CHANDRASHEKAR S/O LATE GUNDAPPA AGED ABOUT 46 YEARS R/AT MARIYAPPANAPALYA NAGADEVANAHALLI, KENGERI HOBLI BANGALORE- 560 091 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE SUITABLE WRIT OF CERTIORARI TO HON’BLE IV ADDL. SENIOR CIVIL JUDGE, BANGALORE RURAL TO SET ASIDE THE ORDER OF NON-ISSUANCE OF TEMPORARY INJUNCTION IN OS NO. 771/2025 DATED 23.04.2025 IN ANNEXURE-A AND ALLOW THE PETITIONERS APPLICATION UNDER ORDER 39 RULE 1 AND 2 OF CPC IN ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 petitioner has called in question the order dated 23.04.2025 passed by the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru (hereinafter referred to as the ‘Trial Court’) in O.S.No.771/2025, whereby the Trial Court refused to - 4 - HC-KAR NC: 2026:KHC:18057 WP No. 10229 of 2026 grant an ex-parte temporary injunction and did not consider the application filed under Order XXXIX Rules 1 and 2 of the CPC. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiff filed a suit in O.S.No.771/2025 before the Trial Court seeking the relief of partition and separate possession. Along with the plaint, the plaintiff also filed I.A.No.I under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC, seeking an ex-parte temporary injunction restraining defendant Nos.1 and 5 from in any way alienating, encumbering, or creating any charge over the suit schedule properties in favour of third parties, by dispensing with prior notice, pending disposal of the suit. The Trial Court, by order dated 23.04.2025, issued emergent notice on I.A.No.I to defendant Nos.1 and 5 and suit summons to defendant Nos.1 to 9, and declined to grant an ex parte injunction. All the - 5 - HC-KAR NC: 2026:KHC:18057 WP No. 10229 of 2026 respondents/defendants have been served except defendant No.3. However, no order has been passed on I.A.No.I so far for the reason that suit summons upon defendant No.3 are awaited. Therefore, the present writ petition is filed seeking early disposal of the said application. 4. Learned senior counsel appearing for the petitioner submitted that, taking advantage of the non-consideration of I.A.No.I filed under Order XXXIX Rules 1 and 2 of the CPC, defendant No.1 has entered into a registered sale agreement to alienate the suit schedule property in favour of defendant No.8. Therefore, he seeks a direction to the Trial Court to dispose of the application as expeditiously as possible excluding defendant No.3. 5. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application expeditiously. - 6 - HC-KAR NC: 2026:KHC:18057 WP No. 10229 of 2026 6. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of the application filed under Order XXXIX Rules 1 and 2 of CPC, in accordance with law, on or before 30.04.2026. c) Liberty is reserved to the petitioner to advance the case. d) Parties are directed to co-operate for early disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 45