- 1 - HC-KAR NC: 2026:KHC:31414 WP No. 14370 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. 14370 OF 2026 (GM-CPC) BETWEEN: 1. B. NAVEEN, AGED ABOUT 33 YEARS, S/O R.BHASKAR, RESIDENT OF JAKKANNAHALLI VILLAGE, THYMANGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 132. 2. SMT. SHANTHAMMA, W/O THIMMAIAH, AGED ABOUT 56 YEARS, RESIDENT OF VARADANAIKANAHALLI VILLAGE, THYMAGONDALU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 132. …PETITIONERS (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: SRI. ANJINAPPA, AGED ABOUT 80 YEARS, S/O LATE.CHIKKAMUNIYAPPA, RESIDING AT KALALUGHATTA VILLAGE, THYMAGONDALU HOBLI, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31414 WP No. 14370 of 2026 NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 132. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO; A)QUASH THE ORDER DATED 24.04.2026 PASSED IN O.S. NO.183/2026 BY THE LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA PRODUCED AT ANNEXURE - M 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. This petition is filed by the petitioners, aggrieved by the Order dated 24.04.2026 of the Civil Judge and JMFC, Nelamangala, Bangalore Rural, whereby the Court issued summons to the defendants without considering the I.A. filed seeking an ad-interim injunction. 2. Learned counsel for the petitioners submits that when an I.A. is filed seeking an ad-interim injunction, the 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 - 3 - HC-KAR NC: 2026:KHC:31414 WP No. 14370 of 2026 I.A. is bad in law. 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. 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 - 4 - HC-KAR NC: 2026:KHC:31414 WP No. 14370 of 2026 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. 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 this Court, this Court is passing the following; - 5 - HC-KAR NC: 2026:KHC:31414 WP No. 14370 of 2026 ORDER (i) The order dated 24.04.2026 passed in O.S.No.183/2026 by the Additional Civil Judge and JMFC, Nelamangala 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. SD/- (LALITHA KANNEGANTI) JUDGE GH List No.: 1 Sl No.: 9