- 1 - HC-KAR CNR: KAHC010348682022 NC: 2026:KHC:43228 W.P. No.15503/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.15503/2022 (GM-CPC) BETWEEN: 1. SRI. RAJAPPA T @ RAJAPPA REDDY S/O THIMMARAYAPPA AGED ABOUT 65 YEARS. 2. SMT. NAGARATHNA W/O SHRI. T. RAJAPPA AGED ABOUT 65 YEARS. BOTH ARE R/AT NO.28/C IST MAIN ROAD BANNERGHATTA MAIN ROAD NAINAPPANNASETTYPALYA VILLAGE BEGUR HOBLI, BENGALURU-560076. …PETITIONERS (BY SRI. ASHOK SESHAGIRI, ADV., FOR SRI. T. SESHAGIRI RAO, ADV.,) AND: 1. SRI. G. ASHOK S/O LATE GOVINDAPPA AGED ABOUT 41 YEARS R/A NO.94A, 3RD MAIN, 4TH CROSS NEAR SHREE ANJANEYASWAMY TEMPLE N S PALYA, B T M 2ND STAGE BENGALURU SOUTH BENGALURU-560076. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010348682022 NC: 2026:KHC:43228 W.P. No.15503/2022 2. SMT. RADHAMMA W/O LATE GOVINDAPPA AGED ABOUT 65 YEARS R/A 3RD MAIN, 4TH CROSS NEAR SHREE ANJANEYASWAMY TEMPLE N S PALYA, B T M 2ND STAGE BENGALURU SOUTH BENGALURU-560076. 3. SHRI. G. ANIL S/O LATE GOVINDAPPA AGED ABOUT 38 YEARS R/A 3RD MAIN, 4TH CROSS NEAR SHREE ANJANEYASWAMY TEMPLE N S PALYA, B T M 2ND STAGE BENGALURU SOUTH BENGALURU-560076. 4. SMT. G. ANITHA D/O LATE GOVINDAPPA AGED ABOUT 35 YEARS R/A 3RD MAIN, 4TH CROSS NEAR SHREE ANJANEYASWAMY TEMPLE N S PALYA, B T M 2ND STAGE BENGALURU SOUTH BENGALURU-560076. 5. SMT. JAYALAKSHMAMMA @ JAYAMMA W/O LATE MUNIKRISHNAPPA AGED ABOUT 66 YEARS R/A NO.309/3 SHREE KARAGADAMMA TEMPLE ROAD NEAR KARAGADAMMA TEMPLE KUDLU, BENGALURU-560068. 6. SHRI. M. SHIVAKUMAR S/O LATE MUNIKRISHNAPPA AGED ABOUT 66 YEARS R/A NO.309/3 - 3 - HC-KAR CNR: KAHC010348682022 NC: 2026:KHC:43228 W.P. No.15503/2022 SHREE KARAGADAMMA TEMPLE ROAD NEAR KARAGADAMAM TEMPLE KUDLU, BENGALURU-560068. 7. SMT. M. GEETHA D/O LATE MUNIKRISHNAPPA AGED ABOUT 66 YEARS R/A NO.309/3 SHREE KARAGADAMMA TEMPLE ROAD NEAR KARAGADAMMA TEMPLE KUDLU, BEGNALURU-560068. 8. SMT. JAYAMMA D/O LATE ANNAYAPPA AGED ABOUT 70 YEARS R/A NO.1225, 6TH BLOCK 2ND CROSS, ARIKESAR ROAD VARATHURU BENGALURU-560087. 9. SMT. LAKSHMAMMA D/O LATE ANNAYAPPA R/A NO.11, LAKKONDANAHALLI THOTAGALU, HOSAKOTE TALUK BENGALURU RURAL DISTRICT. 10. SMT. JAYALAKSHMI W/O LATE M.S. SRINIVAS AGED ABOUT 62 YEARS R/A 10, 15TH CROSS 7TH MAIN ROAD, BTM 2ND STAGE BANNERGHATTA MAIN ROAD NAINAPPANASETTYPALYA VILLAGE BEGUR HOBALI, BENGALURU-560076. 11. SHRI. S. VIJAYKUMAR S/O LATE M.S. SRINIVAS - 4 - HC-KAR CNR: KAHC010348682022 NC: 2026:KHC:43228 W.P. No.15503/2022 AGED ABOUT 40 YEARS R/A NO.10, 15TH CROSS 7TH MAIN ROAD BTM 2ND STAGE BANNERGHATTA MAIN ROAD NAINAPPANASETTYPALYA VILLAGE BEGUR HOBLI, BENGALURU-560076. 12. SHRI. S. SULILEKUMAR S/O LATE M.S. SRINIVAS AGED ABOUT 38 YEARS R/A NO.10, 15TH CROSS 7TH MAIN ROAD, BTM 2ND STAGE BANNERGHATTA MAIN ROAD NAINAPPANASETTYPALYA VILLAGE BEGUR HOBALI, BENGALURU-560076. 13. SMT. SUGUNA .S D/O LATE M.S. SRINIVAS AGED ABOUT 36 YEARS R/A NO.10, 15TH CROSS 7TH MAIN ROAD BTM 2ND STAGE BANNERGHATTA MAIN ROAD NAINAPPANASETTYPALYA VILLAGE BEGUR HOBLI, BENGALURU-560076. 14. SMT. DHANALAKSHMI D/O LATE M.S. SRINIVAS AGED ABOUT 60 YEARS R/A NO.10, 15TH CROSS 7TH MAIN ROAD, BTM 2ND STAGE BANNERGHATTA MAIN ROAD NAINAPPANASETTYPALYA VILLAGE BEGURU HOBALI, BENGALURU-560076. - 5 - HC-KAR CNR: KAHC010348682022 NC: 2026:KHC:43228 W.P. No.15503/2022 15. SMT. SRIVIDHYA M.S. D/O LATE M.S. SRINIVAS W/O SHRI SRINIVAS K AGED ABOUT 31 YEARS R/A NO.392, 7TH CROSS 8TH MAIN ROAD NEAR HEALTH AND GLOW MICO LAYOUT BTM 2ND STAGE BENGALURU-560076. …RESPONDENTS (BY SRI. V. MUNIRAJ, ADV., FOR R1 SRI. M. PARTHA AND SRI. RAJA K.P. ADVS., FOR R14 & R15 V/O/DTD:01.09.2022 NOTICE TO R2 TO R15 IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD. 21.06.2022 AND 27.07.2022 ON I.A. NO.1 FOUND AT ANNX-A1 AND A2 TO THE WRIT PETITION ONE PASSED BY THE 30TH ADDL. CITY CIVIL JUDGE, BENGALURU IN O.S.NO. 3978/2022 & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010348682022 NC: 2026:KHC:43228 W.P. No.15503/2022 CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the orders dated by 21.06.2022 and 27.07.2022 passed in O.S.No.3978/2021 by the XXX Additional City Civil and Sessions Judge, Bengaluru (for short, ‘the trial Court’). 2. Heard Sri.Ashok Seshagiri, learned counsel for Sri.T.Seshagiri Rao, learned counsel appearing for the petitioners, Sri.V.Muniraj, learned counsel appearing for the respondent No.1, Sri.M.Partha and Raja K.P., learned counsel appearing for the respondent Nos.14 and 15 and perused the material available on record. 3. This petition is filed challenging the order of ex parte temporary injunction granted by the trial Court till the next date of hearing. The trial Court directed the respondent No.1-plaintiff to comply with the mandate of Order XXXIX Rule 3(a) of the Code of Civil Procedure, 1908 (for short, 'the CPC'). The petitioners, who are - 7 - HC-KAR CNR: KAHC010348682022 NC: 2026:KHC:43228 W.P. No.15503/2022 defendant Nos.9 and 10, have filed a memo indicating that there is no compliance of Order XXXIX Rule 3(a) of the CPC by the respondent No.1-plaintiff as the plaintiff has sent only a copy of the plaint and nothing more. It is to be noticed that the trial Court later extended the interim order and the application for temporary injunction is pending consideration before the trial Court. 4. Learned counsel for the petitioners, at this stage, submits that the petitioners have filed an application under Order VII Rule 11(a) and (d) of the CPC seeking rejection of the plaint which is under consideration. I am of the considered view that no purpose would be served in adjudicating whether there is compliance of Order XXXIX Rule 3(a) of the CPC by the plaintiff or not, as the trial Court is required to consider the application for grant of temporary injunction filed by the plaintiff in the suit. - 8 - HC-KAR CNR: KAHC010348682022 NC: 2026:KHC:43228 W.P. No.15503/2022 5. It is required be observed that if the trial Court considers the petitioners-defendants’ application under Order VII Rule 11(a) and (d) of the CPC and rejects the plaint, then the trial Court considering the application for temporary injunction filed by the respondent No.1-plaintiff would not arise and if the trial Court rejects the application of the defendants’ for rejection of the plaint, then the trial Court shall consider the plaintiff's application under Order XXXIX Rule 1 and 2 of the CPC on merits after providing an opportunity to the petitioners-defendants. 6. With the aforesaid observations, the writ petition is disposed of. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 7