- 1 - HC-KAR NC: 2026:KHC:34046 WP No. 19405 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.19405 OF 2026 (GM-CPC) BETWEEN: 1. SMT. SHRUTI BABU, W/O SRI. BABU VARGHESE, AGED ABOUT 50 YEARS, R/AT NO.5, SHUBH ENCLAVE, 1ST MAIN, 'B' CROSS, HARLUR ROAD, AMBALIPURA, BENGALURU - 560 102. 2. SMT. SHASHIKALA PRAKASH, W/O LATE R.V. PRAKASH, AGED ABOUT 70 YEARS, R/AT NO.428, RAILWAY LINE ROAD, NGEF LAYOUT, SADANANDA NAGAR, INDIRANAGAR, BANGALORE - 560 038. …PETITIONERS (BY SRI. ARVIND N., ADVOCATE FOR SRI. MOHANKUMARA D., ADVOCATE) AND: 1. SRI. KALEEMULLA, S/O LATE ABDUL RAZACK, AGED ABOUT 61 YEARS, R/AT NO.8, KEMP ROAD, FRASER TOWN, BANGALORE - 560 005. 2. SRI. K.V. SHIBU, S/O SRI. K. VAMAN @ K. VAMANAN, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34046 WP No. 19405 of 2026 AGED ABOUT 43 YEARS, R/AT NO.7, 14TH MAIN, VASANTH NAGAR, BENGALURU - 560 052. …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT SEEKING TO SET-ASIDE THE ORDER DATED 18.06.2026 PASSED ON IA.NO.2 BY THE LEARNED III ADDL. SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI, IN O.S.NO.733/2026 VIDE ANNEXURE- C, AND TO RESTRAIN THE RESPONDENT NO.1 FROM ALIENATING OR ENCUMBERING THE SCHEDULE PROPERTY 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 The present writ petition is filed being aggrieved by the order dated 18.06.2026, whereby the Court has issued suit summons to the defendants returnable by 29.08.2026 without passing any orders on IA.Nos.1 and 2 that is filed seeking ad- interim injunction. - 3 - HC-KAR NC: 2026:KHC:34046 WP No. 19405 of 2026 2. Learned counsel for the petitioners submits that a fraud is played by the defendants and when an application is filed seeking ad-interim injunction, the Court ought to have considered the same on the merits of the matter without issuing suit summons to the defendants/respondents. He has relied on order passed by Co-ordinate Bench of this Court in Dhalitha Vividha GramodyogaKaigarikaSahakara 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 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 - 4 - HC-KAR NC: 2026:KHC:34046 WP No. 19405 of 2026 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. 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. Having heard the learned counsels one either side, perused the entire material on record. Considering the order passed by the co-ordinate bench of this Court in W.P.No.35488/2025(GM-CPC)dated 09.12.2025 this Court deems it appropriate to pass the following: - 5 - HC-KAR NC: 2026:KHC:34046 WP No. 19405 of 2026 ORDER (i) The trial Court shall consider I.A.Nos.1 and 2 within a period of one week from the date of receipt of copy of this order notwithstanding the fact whether summons are served on the defendants or not. (ii) The petitioners can make an application to advance the matter. (iii) Accordingly, the writ petition is disposed of. (iv) Pending I.As if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PB List No.: 1 Sl No.: 15