- 1 - HC-KAR NC: 2026:KHC:34089 WP No. 19895 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19895 OF 2026 (GM-CPC) BETWEEN: 1. SMT. SARASWATHAMMA D/O LATE MUNIVENKATAMMA AND LATE MUNISHAMI @ KONDARA MUNISHAMI W/O VENKATAMUNI AGED ABOUT 59 YEARS R/AT NO.563, BOOSALAKUNTE VILLAGE, MULABAGILU TOWN, KOLAR DISTRICT-563 131 2. SRI.VENKATARAMAPPA S/O LATE MUNIVENKATAMMA AND LATE MUNISHAMI@ KONDARA MUNISHAMI AGED ABOUT 65 YEARS R/AT NO.563, BOOSALAKUNTE VILLAGE, MULABAGILU TOWN, KOLAR DISTRICT-563 131 3. SRI.MUNIYAPPA S/O LATE MUNIVENKATAMMA AND LATE MUNISHAMI@ KONDARA MUNISHAMI AGED ABOUT 51 YEARS R/AT NO.563, BOOSALAKUNTE VILLAGE MULABAGILUTOWN, KOLAR DISTRICT-563 131 4. SRI.RANGAPPA S/O LATE MUNIVENKATAMMA AND LATE MUNISHAMI@ KONDARA MUNISHAMI AGED ABOUT 58 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34089 WP No. 19895 of 2026 R/AT NO.110, DOODUR KURAPANAHALLI, MULABAGILUTOWN, KOLAR DISTRICT-563 131 5. SRI. VENKATESHAPPA S/O LATE MUNIVENKATAMMA AND LATE MUNISHAMI@ KONDARA MUNISHAMI AGED ABOUT 64 YEARS R/AT NO.11, KRISHNAPPA GARDEN NILAYA LAYOUT, NEAR GOVT. SCHOOL, KATTIGENAHALLI, BENGALURU-560 064 6. SMT.LAKSHMI D/O LATE MUNIVENKATAMMA AND LATE MUNISHAMI@ KONDARA MUNISHAMI W/O VENKATESH AGED ABOUT 55 YEARS R/AT SRIRANGABANDAHALLI VILLAGE, BUDIKOTE HOBLI, BANGARPET TALUK, KOLAR DISTRICT-563 131 7. SMT.RATHNAMMA D/O LATE MUNIVENKATAMMA AND LATE MUNISHAMI@ KONDARA MUNISHAMI W/O VENKATAPPA AGED ABOUT 67 YEARS R/AT CHADEPALLI VILLAGE, V.KOTA MANDALAM, PALAMANERU TALUK, CHITTOR DISTRICT, ANDHRA PRADESH-517 408 …PETITIONERS (BY SRI. G.M.SRINIVASAREDDY, ADVOCATE) AND: 1. SMT. MANGAMMA W/O LATE MUNISHAMI AGED ABOUT 97 YEARS R/AT BOOSALAKUNTE VILLAGE, MULABAGILU TALUK, - 3 - HC-KAR NC: 2026:KHC:34089 WP No. 19895 of 2026 KOLAR DISTRICT-563 131 2. SRI.ABDUL REHMAN S/O BABU SAB AGED ABOUT 67 YEARS R/AT HYDARI NAGARA, MULABAGILU TOWN, KOLAR DISTRICT-563 131 3. SRI. GIRISHA. M.T. S/O LATE THYAGARAJ M.R. AGED ABOUT 33 YEARS R/AT GUNIGUNTEPALYA, OLD POST OFFICE ROAD MULABAGILU TOWN, KOLAR DISTRICT-563 131 4. SRI.ASIF S/O SALAM SAB AGED ABOUT 44 YEARS R/AT KURUBARAPETE, BEHIND ALA MASJID MULABAGILU TOWN, KOLAR DISTRICT-563 131 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 16.06.2026 PASSED BY THE COURT OF PRL. CIVIL JUDGE AND J.M.F.C., MULABAGILU ON I.A. NO. 1 UNDER ORDER 39 RULE 1 AND 2 R/W 151 OF CPC IN O.S.NO. 303 OF 2026 VIDE ANNEXURE-D. 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:34089 WP No. 19895 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: i. Quash the order dated 16.06.2026 passed by the court of Prl. Civil Judge and JMFC, Mulabagilu on I.A.No.1 under order 39 rule 1 and 2 R/w 151 of CPC in OS.No.303/2026 vide Ann-D. ii. Pass such other orders as this Hon’ble Court deems fit, in the facts and circumstances of the case, including an order as to costs, in the interest of justice. 2.Learned counsel for the petitioner submits that the suit was filed seeking a declaration and an injunction. In the said suit, an application was filed seeking an ad-interim temporary injunction, and the trial court, by the impugned order, had issued emergent notice returnable by 16.07.2026. It is submitted that when an IA is filed seeking an interim injunction, the trial court ought to have considered it on the merits of the matter without issuing summons to the other side. 3. He has relied on the 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, - 5 - HC-KAR NC: 2026:KHC:34089 WP No. 19895 of 2026 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 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 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 - 6 - HC-KAR NC: 2026:KHC:34089 WP No. 19895 of 2026 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." 4. Considering the order passed by the co-ordinate bench of this Court referred Supra, this court is passing the following: ORDER i. The writ petition is disposed of requesting the trial court to consider the IA on 16.07.2026 notwithstanding the fact that the suit summons are served on the respondent/defendant. ii. The trial court shall pass orders on I.A. on that day. iii. Pending I.As., in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS,List No.: 1 Sl No.: 27