- 1 - HC-KAR CNR: KAHC010515332026 NC: 2026:KHC:40612 WP No. 23450 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23450 OF 2026 (GM-CPC) BETWEEN: SRI Y.C.ESHWAR REDDY S/O Y.C.SANDEEP REDDY AGED ABOUT 28 YEARS RESIDING AT NO.1010 ABOVE CORPORATION BANK 26TH MAIN ROAD, JAYANAGAR 4TH T BLOCK BENGALURU-49 …PETITIONER (BY SRI. V.G.BHANUPRAKASH, ADVOCATE) AND: 1. SRI.KEMPEGOWDA S/O LATE BYREGOWDA AGED ABOUT 68 YEARS 2. SMT.RATHNAMMA W/O KEMPEGOWDA AGED ABOUT 63 YEARS 3. SMT. SUJATHA D/O KEMPEGOWDA AGED ABOUT 38 YEARS 4. SMT.SHASHIKALA G.K., D/O KEMPEGOWDA AGED ABOUT 37 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010515332026 NC: 2026:KHC:40612 WP No. 23450 of 2026 5. SRI.BYRARAJU S/O KEMPEGOWDA AGED ABOUT 35 YEARS 6. SRI.NAGARAJU G.K. S/O KEMPEGOWDA AGED ABOUT 33 YEARS 7. SMT.ASHWINI W/O BYRARAJU AGED ABOUT 29 YEARS 8. SMT. NETHRA W/O NAGARAJU G K AGED ABOUT 32 YEARS ALL ARE RESIDING AT GADARANAHALLI VILLAGE, MARALAVADI HOBLI HAROHALLI TALUK RAMANAGARA DISTRICT NOW BANGALORE SOUTH DISTRICT …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.784/2026 PENDING ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR CNR: KAHC010515332026 NC: 2026:KHC:40612 WP No. 23450 of 2026 ORAL ORDER The petitioner/plaintiff is aggrieved by the order dated 23.07.2026 passed on I.A.No.1 in O.S.No.784/2026 by the Senior Civil Judge and JMFC, Kanakapura, whereby the trial Court has issued suit summons and held that the petitioner has not made out any grounds to grant interim injunction. At the same time, trial Court has not rejected the application for interim injunction. 2. Learned counsel appearing on behalf of the petitioner submits that the suit is filed for Specific Performance, seeking an injunction not to alienate the property. The Court records the reason that the plaintiff did not submit the recent revenue records for the disputed property. It is submitted that the Court has failed to consider the parameters for grant of an interim injunction, and in the entire order, except on page No.23 of the writ petition material papers, the trial Court has failed to consider the case of the plaintiff. It is further submitted that, in the meantime, if third-party rights have accrued, it would be unnecessary lead to multiplicity of proceedings, and this Court may please grant an ad-interim - 4 - HC-KAR CNR: KAHC010515332026 NC: 2026:KHC:40612 WP No. 23450 of 2026 injunction restraining the defendants from alienating the property. 3. Having heard learned counsel appearing on behalf of the petitioner, perused the material on record. I.A.No.1 filed for an interim injunction is not dismissed. The trial Court, in fact, finds that the petitioner has not made out a case and then issues suit summons. This Court has perused the order, and in the entire order, no discussion is forthcoming on the parameters, what the petitioner has failed to fulfil, and what the Court has to consider at the interlocutory stage. Except for discussing the settled law, the trial Court has failed to consider the facts and circumstances of the case. In that view of the matter, this Court is passing the following: ORDER i. The order dated 23.07.2026, passed on I.A.No.1 in O.S.No.784/2026 by the Senior Civil Judge and JMFC, Kanakapura is set aside. ii. The trial Court shall hear the matter afresh and pass orders in accordance with law - 5 - HC-KAR CNR: KAHC010515332026 NC: 2026:KHC:40612 WP No. 23450 of 2026 within a period of one week from the date of receipt of the copy of the order. iii. Accordingly, the writ petition is allowed. iv. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 49