- 1 - HC-KAR CNR: KAHC010451302026 NC: 2026:KHC:36502 WP No. 20534 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 20534 OF 2026 (GM-CPC) BETWEEN: 1. B MUNIRAMASWAMY, S/O (LATE) BYRAPPA, AGED 70 YEARS, 2. M SURESH, S/O B MUNIRAMASWAMY, AGED 40 YEARS, PETITIONER NOS.1 AND 2 ARE RESIDING AT NO.16 &17, DAIVA KRUPA SUBRAMANYAPURA MAIN ROAD CHIKKALSANDRA, BANGALORE 560 061 PETITIONER NO.1 IS REPRESENTED BY HIS SPECIAL POWER OF ATTORNEY HOLDER M SURESH. …PETITIONERS (BY SRI D.R RAVISHANKAR, SR.COUNSEL FOR SRI V B RAVISHANKAR, ADVOCATE) AND: 1. SREE GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA NIYAMITHA A CO-OPERATIVE BANK, NO.15, SUBBARAMA SETTY ROAD, NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BANGALORE 560 004 REPRESENTED BY THE ADMINISTRATOR. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010451302026 NC: 2026:KHC:36502 WP No. 20534 of 2026 2. SRI. UMESHA T K, S/O KARIGOWDA, AGED ABOUT 35 YEARS, RESIDING AT NO.311, 2ND FLOOR 3RD MAIN ROAD, 3RD PHASE JP NAGAR, BANGALORE 560 078. 3. SRINIVASAN G, S/O V GANGAPPA, AGED MAJOR, RESIDING AT NO.1018, 6TH CROSS ROAD, BSK 1ST STAGE, 2ND BLOCK, SRINAGAR, BANGALORE - 560 050. 4. ASHWATHNARAYANA, S/O KEMPAIAH, AGED MAJOR, RESIDING AT NO.13, 4TH CROSS ROAD, MARUTHI NAGAR, 80 FEET ROAD, CHANDRA LAYOUT, NAGARBHAVI, BANGALORE - 560 072. 5. S V REDDY, FATHERS NAME NOT KNOWN TO THIS PLAINTIFF AGED MAJOR, RESIDING AT NO.209, 2ND FLOOR, NGHV COMPLEX, KORAMANGALA, BANGALORE - 560 034. 6. ADINARAYANA, S/O LAXMAIAH, RESIDING AT NO.38/95, 1ST MAIN ROAD, BEHIND SDA CHURCH, SUDHAMANAGAR WILSON GARDEN, BANGALORE - 560 027. …RESPONDENTS - 3 - HC-KAR CNR: KAHC010451302026 NC: 2026:KHC:36502 WP No. 20534 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN OS NO.1306/2026 PENDING ADJUDICATION ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE BANGALORE RURAL AT BANGALORE 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 by the petitioners, aggrieved by the order dated 14.10.2026, whereby the Court failed to consider IA No.1 filed under Order XXXIX Rule 1 and Rule 2 of the Code of Civil Procedure, seeking an ad-interim injunction. Hence, the petitioners are before this Court. 2. Learned Senior counsel appearing for the petitioners submits that the Court, while issuing suit summons, observed that the case requires consideration. At this stage, it is not a fit case to grant an ad interim order, and before passing any ad interim ex parte temporary injunction order, hearing of the defendant's side is necessary. Hence, summons was issued returnable by 14.10.2026. - 4 - HC-KAR CNR: KAHC010451302026 NC: 2026:KHC:36502 WP No. 20534 of 2026 3. It is submitted that when an application is filed seeking an ad-interim injunction, if the petition lacks merit, the Court must pass a reasoned order. However, the Court cannot adjourn the matter by issuing suit summons to the respondents. 4. Learned counsel has relied upon the judgment of 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 - 5 - HC-KAR CNR: KAHC010451302026 NC: 2026:KHC:36502 WP No. 20534 of 2026 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. 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." 5. In the light of the same, this Court is passing the following: - 6 - HC-KAR CNR: KAHC010451302026 NC: 2026:KHC:36502 WP No. 20534 of 2026 ORDER i. The Writ Petition is disposed of directing the Trial Court to consider IA No.1 within a period of 1 week from the date of receipt of certified copy of this order, notwithstanding the fact that the suit summons were not served. ii. The petitioner is at liberty to request for advancement of the matter. iii. All pending I.As., in the Writ Petition shall stand disposed of. SD/- (LALITHA KANNEGANTI) JUDGE GVP List No.: 1 Sl No.: 20