- 1 - HC-KAR NC: 2026:KHC:31412 WP No. 19009 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19009 OF 2026 (GM-CPC) BETWEEN: SWETHA N MUNIREDDY, D/O LATE N.MUNIREDDY, W/O S. SHIVAKUMAR, AGED ABOUT 44 YEARS, R/AT NO.14, KEMPAPURA, YEMALUR KEMPAPURA MAIN ROAD, BANGALORE - 560 037, MOB: 9741339318. …PETITIONER (BY SRI. SOMASEKHAR NAIDU B., ADVOCATE) AND: 1. SMT. SAROJAMMA A, W/O LATE N. MUNIREDDY, AGED ABOUT 77 YEARS, R/AT NO.34, 5TH MAIN ROAD, 4TH BLOCK, KORAMANGALA, BANGALORE - 560 034. 2. SRI. B.M.SRINIVAS REDDY, S/O LATE N. MUNIREDDY, AGED ABOUT 58 YEARS, R/AT NO.103/A, 3RD CROSS, 8TH MAIN, JAKKASANDRA BLOCK, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31412 WP No. 19009 of 2026 KORAMANGALA, BENGALURU - 560 034. 3. SRI.B.M.MUNIVENKATA REDDY, S/O LATE N.MUNIREDDY, AGED ABOUT 53 YEARS, R/AT NO.34, 5TH MAIN ROAD, 4TH BLOCK, KORAMANGALA, BENGALURU - 560 034. 4. SRI. GIRISH K, S/O LATE KRISHNAREDDY, AGE ABOUT 39 YEARS, 5. SRI. BHARATH REDDY K, S/O LATE KRISHNAREDDY, AGED ABOUT 33 YEARS, RESPONDENT NO.4 & 5 ARE RESIDING AT NO.60/9, 1ST MAIN ROAD, RELIABLE RESIDENCY, HARALURU MAIN ROAD, BANGALORE - 560 102. 6. M/S. SNMC EDUCATION SERVICES LLP, A LIMITED LIABILITY PARTNERSHIP, INCORPORATED UNDER LIMITED LIABILITY PARTNERSHIP ACT 2008, HAVING ITS REGISTERED OFFICE PATRAKAR PURAM, NAWABGANJ, KANPUR, UTTARPRADESH - 208 002. REPRESENTED BY ITS - 3 - HC-KAR NC: 2026:KHC:31412 WP No. 19009 of 2026 PARTNER AND AUTHORISED SIGNATORY, SRI. P. VENKATARAMANA. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER OF ISSUANCE OF EMERGENT NOTICE TO THE RESPONDENTS DATED 19.6.2026 PASSED BY THE HON'BLE CCH-7 XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN O.S.NO.4270/2026 IN RESPECT OF I.A.NO.1 VIDE ANNEXURE - A ON I.A.NO.1 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 R/W SEC.151 OF CPC BY GRANTING AN ORDER OF TEMPORARY INJUNCTION AGAINST THE RESPONDENTS FROM ALIENATING THE SUIT SCHEDULE A PROPERTY BY ALLOWING THE I.A NO.1 PENDING DISPOSAL OF THE SUIT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER 1. The present petition is filed aggrieved by the Order passed on I.A.No.1 in O.S.No.4270/2026 dated 19.06.2026 by the XXII Additional City Civil and Sessions Judge, Bengaluru, whereby the Trial Court failed to consider I.A.No.1 filed by the plaintiff seeking an ad-interim injunction and issued the suit summons returnable by 21.07.2026. - 4 - HC-KAR NC: 2026:KHC:31412 WP No. 19009 of 2026 2. Learned counsel for the petitioner submits that when an I.A. is filed seeking an ad-interim injunction, the Trial Court shall consider the application on its merits and cannot adjourn the matter. If the parties are aggrieved by any order, they would get an opportunity to question the same, and issuance of summons without considering the I.A. is bad. He has relied on the order passed by the 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 the 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. - 5 - HC-KAR NC: 2026:KHC:31412 WP No. 19009 of 2026 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 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. - 6 - HC-KAR NC: 2026:KHC:31412 WP No. 19009 of 2026 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 above order passed by the Co- ordinate Bench of this Court, this Court is passing the following: ORDER (i) The order passed on I.A.No.1 in O.S.No.4270/2026 dated 19.06.2026 by the XXII Additional City Civil and Sessions Judge, Bengaluru is set aside. (ii) The Trial Court shall consider the application of the petitioners on the merits of it and pass appropriate orders within a period of one week from the date of receipt of the copy of the order. (iii) Accordingly, the writ petition is disposed of. (iv) Pending I.As if any, in this petition, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GH List No.: 1 Sl No.: 23