- 1 - HC-KAR NC: 2026:KHC:34103 W.P. No.9538/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.9538/2022 (GM-CPC) BETWEEN: MR. SYED ASHRAF S/O SRI. SYED YASIN AGED 60 YEARS R/AT NO.563, 14TH CROSS RMV 2ND STAGE DOLLARS COLONY, SANJAY NAGAR BENGLAURU-560 094. …PETITIONER (BY SRI. SYED KASHIF ALI, ADV., FOR SRI. PRADEEP S. SAWKAR, ADV.,) AND: 1. SRI. RAJANNA S/O LATE GANGAIAH AGED 50 YEARS. 2. SRI. MALLESH S/O LATE GANGAIAH AGED 50 YEARS. 3. SRI. BASAVARAJU S/O LATE GANGAIAH AGED 48 YEARS. 4. SRI. CHANDRASHEKAR S/O LATE GANGAIAH AGED 36 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34103 W.P. No.9538/2022 5. SMT. MALLAMMA D/O LATE MALLAIAH AGED 65 YEARS. 6. SRI. SHIVASHANKARAPPA S/O LATE MALLAIAH AGED 63 YEARS. 7. SRI. MANJUNATH S/O SHIVA SHANKARAPPA AGED 28 YEARS. 8. SRI. RAVISH S/O SHIVA SHANKARAPPA AGED 20 YEARS. RESPONDENTS NO.1 TO 8 ARE R/AT THORENAGASANDRA VILLAGE DASANAPURA HOBLI BENGLAURU NORTH TALUK. …RESPONDENTS (BY SRI. NARAYANA T.H. ADV., FOR R1 TO R8) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 22.04.2022 VIDE ANNEXURE-A PASSED IN O.S.NO.379/2022 BY THE ADDL. SR. CIVIL JUDGE, NELAMANGALA. GRANT THE RELIEFS SOUGHT FOR IN IA NOS.1 IN OS.NO.379/2022 PENDING BEFORE THE ADDL. SR. CIVIL JUDGE, NELAMANGALA, EX-PARTE, PENDING DISPOSAL OF THE SAID APPLICATIONS & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2026:KHC:34103 W.P. No.9538/2022 ORAL ORDER This writ petition is filed challenging the order dated 22.04.2022 passed in O.S.No.379/2022 by the Additional Senior Civil Judge, Nelamangala (for short, ‘the Trial Court’). 2. Heard Sri.Syed Kashif Ali, learned counsel for Sri.Pradeep S.Sawkar, learned counsel for the petitioners and Sri.Narayana T.H., learned counsel for the respondents. 3. The petitioner-plaintiff has filed a suit for the relief of specific performance of the agreement of sale dated 01.03.2013. In the said suit, the plaintiff has filed an application under Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short, ‘the CPC’), pressed the same before the Trial Cout and insisted for grant of ex parte temporary injunction. The Trial Cout issued suit summons and emergent notice on the application. The present petition is filed being - 4 - HC-KAR NC: 2026:KHC:34103 W.P. No.9538/2022 aggrieved by the non-granting of ex parte temporary injunction. 4. It is to be noticed that this Court, on 12.05.2022 has granted the interim order against the respondents restraining them from creating any third party interest over the suit schedule property or alienating the suit schedule property during the pendency of the said suit. It is required to be noticed that the said order is in force and the application filed by the plaintiff is pending for consideration before the Trial Court and now the defendants have entered appearance before the Trial Court. I am of the considered view that the Trial Court shall consider the application filed by the plaintiff seeking for interim relief. 5. In view of the aforesaid reasons, I proceed to pass the following: - 5 - HC-KAR NC: 2026:KHC:34103 W.P. No.9538/2022 ORDER (i) The writ petition is allowed. (ii) The Trial Court shall consider I.A.No.1 filed by the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC and dispose of the same after providing opportunity to the plaintiff as well as the defendants. (iii) Till consideration of the said application, the order of this Court dated 12.05.2022 would enure to the benefit of the plaintiff. (iv) It is made clear that this Court has not expressed any opinion on the merits of the case. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 36