- 1 - HC-KAR CNR: KAHC010507332026 NC: 2026:KHC:42846 WP No. 23185 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23185 OF 2026 (GM-CPC) BETWEEN: SMT B P GAYATHRI WIFE OF M.M, PRASANNAKUMAR, AGED ABOUT 62 YEARS, RESIDING AT NO.441, 8TH MAIN ROAD, SADASHIVANAGARA, BANGALORE-560 080 …PETITIONER (BY SRI. P.M. GOPI, ADVOCATE FOR SRI. P.M. SIDDAMALLAPPA, ADVOCATE) AND: 1. SRI. MALI SURESH, SON OF M. SHAKRAPPA, AGED ABOUT 71 YEARS, RESIDING AT HONNENAHALLI VILLAGE, BHUKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT, PINCODE - 572 137 ALSO AT NO.4, 1ST MAIN ROAD, S. V. LAYOUT, GANGANAGAR, WARD NO.20, SANJAYA NAGAR, BANGALORE - 560 090 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010507332026 NC: 2026:KHC:42846 WP No. 23185 of 2026 2. SMT NAGA SUDHA, WIFE OF MALI SURESH, AGED ABOUT 65 YEARS, RESIDING AT HONNENAHALLI VILLAGE, BHUKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT, PIN CODE - 572 137 ALSO AT NO.4, 1ST MAIN ROAD, S.V.LAYOUT, GANAGA NAGAR, WARD NO.20, SANJAYA NAGAR, BANGALORE - 560 090 3. SMT. MALI BHARATH, SON OF MALI SURESH, AGED ABOUT 40 YEARS, RESIDING AT HONNONAHALLI VILLAGE, BHUKAPATNA HOBLI, SIRA TALUK, TUMKUR DISTRICT, PIN CODE - 572 137 ALSO AT NO.4, 1ST MAIN ROAD, S.V. LAYOUT, GANGANAGAR, WARD NO.20, SANJAYA NAGARA, BANGALORE - 560 090 4. SRI. RAMANJINAPPA, SON OF LATE MUDLAGIRIYAPPA, AGED ABOUT 68 YEARS, RESIDING AT MACHONAYAKANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL TALUK, PIN CODE - 560 123 - 3 - HC-KAR CNR: KAHC010507332026 NC: 2026:KHC:42846 WP No. 23185 of 2026 5. SMT.JALAJAKSHIYAMMA, WIFE OF M.K.NAGARAJU. AGED ABOUT 48 YEARS, RESIDING AT MACHONAYAKANAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL TALUK, PIN CODE - 560 123 6. SRI. HOSAHALLI BYREGOWDA, SON OF HOSAHALLI CHIKKANNA, AGED ABOUT 73 YEARS, RESIDING AT NO. 1288/3, 1ST MAIN, 3RD CROSS, KHB COLONY, GOVINDARAJA NAGAR, BANGALORE - 560 040 7. SMT. BHAVYA H.B., DAUGHTER OF BYREGOWDA, AGED ABOUT 37 YEARS, RESIDING AT NO. 1288/3, 1ST MAIN, 3RD CROSS, KHB COLONY, GOVINDARAJA NAGAR, BANGALORE - 560 040 8. SRI. M.K. NAGARAJU, SON OF KEMPAHANUMAIAH, AGED ABOUT 52 YEARS, RESIDING AT MACHONAYAKANAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL TALUK, PIN CODE-560 123 …RESPONDENTS - 4 - HC-KAR CNR: KAHC010507332026 NC: 2026:KHC:42846 WP No. 23185 of 2026 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN O.S.NO.688/2026 ON THE FILE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA. TO SET-ASIDE THE IMPUGNED ORDER II) ORDER DATED 30.06.2026, PASSED IN O.S.NO.688/2026 BY LEARNED 1ST ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NELAMANGALA, PASSED ON I.A.NO.I 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 ORAL ORDER The petitioner is before this Court, aggrieved by the order passed in IA No.I in OS No.688/2026 dated 30.06.2026 passed by the I Additional Senior Civil Judge and JMFC, Nelamangala, whereby the Trial Court failed to consider IA No.I filed by the petitioner-plaintiff seeking ad-interim injunction. 2. Learned counsel for the petitioner submits that the petitioner has filed an application seeking an ad-interim injunction against the defendants. It is contended that the Trial Court has failed to consider the said application for ad-interim - 5 - HC-KAR CNR: KAHC010507332026 NC: 2026:KHC:42846 WP No. 23185 of 2026 injunction. However, the Trial Court has issued emergent notice on I.A. No.I and suit summons to the defendants. 3. In this regard, reliance is placed on the order passed by a 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 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 - 6 - HC-KAR CNR: KAHC010507332026 NC: 2026:KHC:42846 WP No. 23185 of 2026 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." 4. Considering the submissions made by the learned counsel for the petitioner and in light of the order passed in - 7 - HC-KAR CNR: KAHC010507332026 NC: 2026:KHC:42846 WP No. 23185 of 2026 W.P.No.35488/2025(GM-CPC) referred to supra, this matter is remanded to the Trial Court, directing it to consider I.A.No.I filed by the petitioner in accordance with law. 5. In that view of the matter, this Court is passing the following: ORDER i. The order dated 30.06.2026 passed on IA No.I in OS No.688/2026 on the file of the I Additional Senior Civil Judge and JMFC, Nelamangala, is set aside. ii. The matter is remanded back to the Trial Court and directing the Trial Court shall consider and dispose of I.A.No.I in accordance with law, within a period of one week from the date of receipt of the copy of this order. iii. Notwithstanding the fact as to whether notice has been served on the respondents or summons has been served on the defendants or not, the Trial Court shall consider the application in accordance with law. iv. Accordingly, the writ petition is disposed of. - 8 - HC-KAR CNR: KAHC010507332026 NC: 2026:KHC:42846 WP No. 23185 of 2026 v. Pending IAs, if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 18