- 1 - HC-KAR CNR: KAHC010422022026 NC: 2026:KHC:36023 WP No. 19256 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 19256 OF 2026 (GM-CPC) BETWEEN: 1. SRI M G RAJKUMAR S/O LATE M. GOVINDASWAMY NAIDU, AGED ABOUT 62 YEARS, R/AT NAIDU FARM, HALEHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK. …PETITIONER (BY SRI. SWAROOP S., ADVOCATE) AND: 1. M/S HEBRON PROPERTIES PVT LTD A COMPANY REGISTERED UNDER COMPANY ACT, 1956 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, SATHISH KOSHI, NO.5AC-712, IV FLOOR, 1ST BLOCK, KALYAN NAGAR, BENGALURU 560043. 2. SRI. UMESHA S., AUTHORIZED SIGNATORY OF RESPONDENT NO.1, NO.5AC-712, IV FLOOR, 5A CROSS, HRBR LAYOUT, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010422022026 NC: 2026:KHC:36023 WP No. 19256 of 2026 I BLOCK, KALYAN NAGAR, BENGALURU 560043. 3. MS. RUBY STELLA S., D/O LATE SAMUEL MARTIN, AGED ABOUT 59 YEARS, R/AT NO.S2, UNIQUE APARTMENTS, NO. 10, ERAPPA GARDEN, AUSTIN TOWN, VIVEKNAGAR, BENGALURU 560047. 4. MR. VENKITARAMAN GANAPATHY, S/O GANAPATHY VENKATARAMAN, AGED ABOUT 57 YEARS, HOUSE NO.90, RICHES REGAL LAYOUT, HORAMAVU KALKERE MAIN ROAD, BENGALURU - 560043. …RESPONDENTS THIS WP IS FILED PRAYING TO QUASHING THE ORDER DATED 19.06.2026 AT ANNEXURE-A PASSED BY THE CIVIL JUDGE AT BENGALURU RURAL SITTING AT KR PURAM IN OS NO. 327/2026 ISSUING EMERGENT NOTICE TO THE RESPONDENTS AND ALSO CONSEQUENTLY GRANT AD-INTERIM EX-PARTE INJUNCTION RESTRAINING THE RESPONDENTS FROM ALIENATING THE SCHEDULE-C PROPERTY WHICH ALSO COMPRISES OF SCHEDULE-B PROPERTIES UNTIL THE DISPOSAL OF APPLICATION UNDER ORDER XXXIX RULE 1 AND 2 OF CPC FILED BY THE PETITIONER ISSUING A WRIT OF CERTIORARI.II) GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST INCLUDING COSTS OF THIS PETITION IN THE INTEREST OF JUSTICE.GRANT AN INTERIM ORDER TO ISSUE AN AD-INTERIM ORDER OF INJUNCTION RESTRAINING THE - 3 - HC-KAR CNR: KAHC010422022026 NC: 2026:KHC:36023 WP No. 19256 of 2026 RESPONDENTS THEIR AGENTS, REPRESENTATIVES, GPA HOLDERS OR ANYBODY CLAIMING THROUGH THEM FROM ALIENATING THE SCHEDULE-C PROPERTIES WHICH ALSO INCLUDES SCHEDULE-B PROPERTIES IN OS NO. 327/2026, ON THE FILE OF CIVIL JUDGE AT BENGALURU RURAL SITTING AT KR PURAM, PENDING DISPOSAL OF THE ABOVE PETITION AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioner is before this Court, challenging the order dated 19.06.2026 in I.A. Nos. 1 and 2 of O.S. No. 327/2026, passed by the Civil Judge at Bengaluru Rural, sitting at KR Puram (for short ‘trial Court’) whereby, without passing any order, the trial Court had issued suit summons to the respondents, returnable by 18.07.2026. 2. Learned counsel appearing for the petitioner submits that the petitioner has filed I.A. Nos. 1 and 2 seeking ad-interim relief. It is contended that the trial court was - 4 - HC-KAR CNR: KAHC010422022026 NC: 2026:KHC:36023 WP No. 19256 of 2026 required to consider the said applications on its own merits and pass appropriate orders thereon without issuing suit summons. Hence, the impugned order warrants interference by this Court. 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 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 - 5 - HC-KAR CNR: KAHC010422022026 NC: 2026:KHC:36023 WP No. 19256 of 2026 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. - 6 - HC-KAR CNR: KAHC010422022026 NC: 2026:KHC:36023 WP No. 19256 of 2026 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 light of the aforesaid judgment and having regard to the facts and circumstances of the case, this Court deems it appropriate to pass the following order: ORDER i. The Civil Judge at Bengaluru Rural Court, sitting at KR Puram, is directed to consider and dispose of I.A. Nos. 1 and 2 in accordance with law within one week from the date of receipt of copy of this order not withstanding the fact that the summons are not served on the respondents/defendants. ii. The petitioner is at liberty to seek advancement of the matter. - 7 - HC-KAR CNR: KAHC010422022026 NC: 2026:KHC:36023 WP No. 19256 of 2026 iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE AG List No.: 1 Sl No.: 20