- 1 - HC-KAR NC: 2026:KHC:31964 WP No. 18009 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18009 OF 2026 (GM-CPC) BETWEEN: 1. SRI. GANGI REDDY S/O S.KATI REDDY, AGED ABOUT 65 YEARS, R/AT D.NO.26/838 UP, BANGARAIAH KOTTAL, VASANTHAPETA, PRODDATUR, YSR CUDDAPAH, ANDHRA PRADESH-516360. 2. SRI. G. GURIVI REDDY S/O. G. SRINIVASALU REDDY, AGED ABOUT 40 YEARS, R/AT NO.4/205, GUDIPADU VILLAGE, DUVVUR MANDAL, KADAPA DISTRICT, ANDHRA PRADESH-516360. 3. SRI. G. GURIVI REDDY S/O.LATE G.P. OBULA REDDY, AGED ABOUT 48 YEARS, R/AT NO.3/156, GUDIPADU VILLAGE, DUVVUR MANDAL, KADAPA DISTRICT, ANDHRA PRADESH-516360. 4. SRI. G. ANKI REDDY S/O. PEDDA REDDY AGED ABOUT 70 YEARS, R/AT NO.26/71/C, BANGARAIAH VILLAGE, KOTTALU, PRODDATUR Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31964 WP No. 18009 of 2026 KADAPA DISTRICT, ANDHRA PRADESH-516360 …PETITIONERS (BY SRI. C.R. GOPALASWAMY, SENIOR COUNSEL FOR SMT. NANDINI B., ADVOCATE AND SRI. BHARGAV G., ADVOCATE) AND: 1. SRI. P. VEERAKUMAR S/O LATE SATHYANARAYANA, AGED ABOUT 68 YEARS, R/AT NO.410, 5TH CROSS, HRBR LAYOUT, 2ND BLOCK, KALIAN NAGAR, BENGALURU-560043. 2. SRI. P. BABU S/O LATE PADMANABHA AGED ABOUT 61 YEARS, 3. SMT. B. PUSHPA S/O. P. BABU AGED ABOUT 60 YEARS, 4. SMT. B. KAVITHA, D/O. P. BABU, AGED ABOUT 44 YEARS, 5. SMT. B. KAVITHA D/O P. BABU AGED ABOUT 37 YEARS, RESPONDENT NOS.2 TO 5 ARE R/AT NO.671, "PREM NIVAS" GRAPE GARDEN, KAMMANAHALLI, ST. THOMAS TOWN POST, BENGALURU-560084. 6. KRISHVI PROJECTS PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY - 3 - HC-KAR NC: 2026:KHC:31964 WP No. 18009 of 2026 MRS. MAMTHA DINESH REPRESENTED BY HER ATTORNEY HOLDER MR. SATISH POOJARY HAVING ITS REGISTERED OFFICE AT NO.2, 1ST FLOOR, AIRPORT ROAD DOMLUR BENGALURU-560 071. 7. SRI. ABIJITH SATHYA PRASAD S/O. SRI. M.K. SATYA PRASAD, AGED ABOUT 42 YEARS, R/AT NO.A-301, BRIGADE PETUNIA, 17TH CROSS, 2ND A MAIN, BANASHANKARI 2ND STAGE BIDARAHALLI BENGALURU-560 070. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING/SETTING ASIDE THE IMPUGNED ORDER DATED 19.05.2026 VIDE ANNEXURE-A PASSED ON I.A.NO.2 IN O.S.156/2026 UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC, 1908 PASSED BY THE VACATION COURT IX ADJ, BENGALURU RURAL DISTRICT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 4 - HC-KAR NC: 2026:KHC:31964 WP No. 18009 of 2026 ORAL ORDER The present writ petition is filed questioning the order passed on I.A.No.2 in O.S.No.156/2026 dated 19.05.2026, passed by the Vacation Judge, IX, ADJ, Bengaluru Rural District, whereby the trial Court without considering I.A.No.2 seeking an ad interim injunction, has issued suit summons to the defendants, returnable by 20.06.2026. 2. Learned Senior counsel appearing for the petitioners submits that an IA is filed seeking ad interim injunction, the trial Court has to pass orders on the merits of it and it cannot issue suit summons, considering the urgency that is expressed by the plaintiffs. He has relied on order passed by 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 09.12.2025, whereby 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 - 5 - HC-KAR NC: 2026:KHC:31964 WP No. 18009 of 2026 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 cases of Shiv Kumar Chadha vs. Municipal Corporation of Delhi and - 6 - HC-KAR NC: 2026:KHC:31964 WP No. 18009 of 2026 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." 3. In the light of the same, the trial Court ought to have considered IA No.2 on the merits of it, without issuing the summons. 4. In that view of the matter, this Court is passing the following: - 7 - HC-KAR NC: 2026:KHC:31964 WP No. 18009 of 2026 ORDER. i. The writ petition is disposed of directing the trial Court to consider IA No.2 filed by the petitioners whether the summons are served or not within a period of one week from the date of receipt of the copy of the order. ii. The petitioners are at liberty to advance the matter. iii. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 37