- 1 - HC-KAR NC: 2026:KHC:20072 WP No. 11354 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11354 OF 2026 (GM-CPC) BETWEEN: 1. SMT. RATHNAMMA C/O LATE KRISHNAPPA D/O MUNIVENKATAPPA AGED ABOUT 50 YEARS R/AT ACHATNAHALLI VILLAGE KASABA HOBLI, KOLAR TALUK KOLAR DISTRICT. 2. SRI.CHANNAMARIGOWDA S/O MUNIVENKATAPPA AGED ABOUT 45 YEARS 3. SRI.CHANNAMARIYAPPA S/O MUNIVENKATAPPA AGED ABOUT 43 YEARS PETITIONERS NO.2 & 3 ARE R/AT MALLASANDRA VILLAGE BYRANAHALLI POST, NARASAPURA HOBLI KOLAR TALUK, KOLAR DISTRICT. 4. SMT.NAGAMANI C/O LATE PRAKASH.B.M. AGED ABOUT 55 YEARS R/AT NO. 38, 1ST CROSS BYRASANDRA C.V.RAMAN NAGARA BANGALORE NORTH …PETITIONERS (BY SRI. SRIKANTH N V., ADVOCATE) Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20072 WP No. 11354 of 2026 AND: 1. SRI.R.B.MUNINARAYANA S/O LATE R.BYRAPPA AGED ABOUT 61 YEARS 2. SRI.SRINIVAS S/O MUNINARAYANA.R.B AGED ABOUT 33 YEARS 3. SRI.SHASHI KUMAR.R.M S/O MUNINARAYANA.R.B AGED ABOUT 29 YEARS 4. SMT. PRATHIBHA.R.M D/O MUNINARAYANA.R.M AGED ABOUT 27 YEARS R1 TO R4 ARE R/AT NO.101 OPPOSITE GOVERNMENT PRIMARY SCHOOL RAMENAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT PIN CODE -563130. 5. SMT. PARAVATHAMMA D/O LATE BYRAPPA AGED ABOUT 70 YEARS R/AT RAMASANDRA VILLAGE KOLAR TALUK, KOLAR DISTRICT. 6. SRI.V.NARAYANASWAMY S/O LATE LAKSHMAMMA AGED ABOUT 49 YEARS R/AT KARANGUTTI TEKAL HOBLI MALUR TALUK KOLAR DISTRICT-563137. 7. SMT. MANJULA AGED ABOUT 46 YEARS D/O LATE LAKSHMAMMA - 3 - HC-KAR NC: 2026:KHC:20072 WP No. 11354 of 2026 R/AT KARANGUTTI TEKAL HOBLI MALUR TALUK, KOLAR DISTRICT-563137. 8. SMT.SUBBAMMA D/O LATE BYRAPPA AGED ABOUT 65 YEARS R/AT RAMENAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT PIN CODE-563130. 9. SMT. RATHNAMMA W/O CHANNAMARIYAPPA D/O LATE BYRAPPA R/AT SATHYAGANAHALLI VILLAGE NANDAGUDI HOBLI, HOSAKOTE TALUK BANGALORE RURAL DISTRICT BANGALORE-562125. 10. SRI.NARAYANASWAMY S/O RATHNAMMA R/AT SATHYAGANAHALLI VILLAGE BANGALORE RURAL DISTRICT BANGALORE-562125. 11. SRI.ANJI S/O RATHNAMMA R/AT SATHYAGANAHALLI VILLAGE BANGALORE RURAL DISTRICT BANGALORE-562125. 12. SMT.ASHWATHAMMA D/O LATE R.BYRAPPA W/O VENKATESHAPPA AGED ABOUT 58 YEARS R/AT NO.242, VIJAYA CONVENT ROAD DR.RAJKUMAR ROAD, 7TH CROSS YARRAGANAHALLI, MYSORE PIN CODE -570011 - 4 - HC-KAR NC: 2026:KHC:20072 WP No. 11354 of 2026 13. SMT.NARAYANAMMA C/O ANJANEYAREDDY AGED ABOUT 51 YEARS R/AT JANAPANAHALLI KOLAR TALUK, KOLAR DISTRICT. 14. SRI.KRISHNAPPA S/O LATE CHIKKAPOTHALAPPA AGED ABOUT 83 YEARS 15. SRI.K.MANJUNATH S/O P.KRISHNAPPA AGED ABOUT 58 YEARS 16. SRI.K.MUNIYAPPA S/O P.KRISHNAPPA AGED ABOUT 54 YEARS 17. SRI.K.NAGESH S/O P.KRISHNAPPA AGED ABOUT 53 YEARS 18. SRI.K.RAMESH BABU S/O P.KRISHNAPPA AGED ABOUT 48 YEARS 19. SRI.M.RAVI KUMAR S/O S.M.MUNIVENKATAPPA AGED ABOUT 62 YEARS R14 TO R19 ARE R/AT NO.620 80 FEET ROAD KORAMANGALA 4TH BLOCK BANGALORE-560034. 20. SRI. VENKATARAMANAPPA S/O LATE KRISHNAPPA AGED ABOUT 51 YEARS. 21. SMT.MEERA.S.R W/O VENKATARAMANAPPA AGED ABOUT 45 YEARS - 5 - HC-KAR NC: 2026:KHC:20072 WP No. 11354 of 2026 22. SRI. DARSHAN S/O VENKATARAMANAPPA AGED ABOUT 22 YEARS R20 TO R22 ARE R/AT VARADAMMA NILAYA IN FRONT OF MARUTHI SERVICE STATION K.R.LAYOUT, MALUR TOWN MALUR TALUK, KOLAR DISTRICT-563130. 23. SRI.MADHU.A.E S/O ERAPPA AGED ABOUT YEARS ANEPURA VILLAGE KASABA HOBLI MALUR TALUK KOLAR DISTRICT-563130. 24. SMT.A.M.JAMUNA C/O SOMAPPA AGED ABOUT 50 YEARS R/AT NO.21/1, 15TH CROSS 18TH MAIN, J.P NAGAR 2ND PHASE NEAR CANARA BANK BANGALORE SOUTH BANGALORE-560078. RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ANNEXURE-A, DATED: 01.02.2025, REFUSING TO GRANT EXPARTE INTERIM ORDER IN IA.1/2025 FILED BY THE PETITIONERS IN OS NO41/2025 PENDING ON THE FILE OF THE LEARNED SENIOR CIVIL JUDGE AND JMFC AT MALUR BY ALLOWING THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD - 6 - HC-KAR NC: 2026:KHC:20072 WP No. 11354 of 2026 ORAL ORDER 1. In this writ petition, the petitioners-plaintiffs have called in question the order dated 01.02.2025 passed by the Senior Civil Judge and JMFC, Malur (hereinafter referred to as ‘Trial Court’ for short), whereby, the Trial Court has refused to grant an ex-parte interim order on I.A.No.I filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC. 2. For the sake of convenience, the parties are referred to as per their ranking before Trial Court in Original Suit. 3. The plaintiffs filed a suit in O.S.No.41/2025 before the Trial Court seeking relief of declaration and permanent injunction. Along with the plaint, the plaintiffs also filed I.A.No.I under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC, seeking an ex-parte order of temporary injunction restraining the defendants, their agents, and their henchmen from alienating or creating third-party rights over the suit properties, till disposal of the suit. The Trial Court, by order dated 01.02.2025, only - 7 - HC-KAR NC: 2026:KHC:20072 WP No. 11354 of 2026 issued emergent notice on I.A.No.I and suit summons to the defendants and did not pass any order on the said application. Thereafter, for one reason or another, the matter was adjourned, and no order has been passed on I.A.No.I. Therefore, the present writ petition is filed seeking for early disposal of the said application. 4. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the matter, this Court deems it appropriate to dispose of the writ petition with a direction to the Trial Court to dispose of the application as expeditiously as possible. 5. Accordingly, the following order is passed: ORDER a) The writ petition is disposed of. b) The Trial Court is directed to dispose of I.A.No.I filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, in accordance with law and as expeditiously as possible, on or before 30.06.2026. - 8 - HC-KAR NC: 2026:KHC:20072 WP No. 11354 of 2026 c) Parties are directed to co-operate for early disposal of the application. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 26