- 1 - HC-KAR CNR: KAHC010547242026 NC: 2026:KHC:44601 WP No. 24866 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24866 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, BANGALORE-49 …PETITIONER (BY SRI. V.G.BHANUPRAKASH, ADVOCATE) AND: 1. SMT. RENUKAMMA W/O LATE BASAVAIAH AGED ABOUT 51 YEARS 2. SMT. BABY @ SUMA D/O LATE. BASAVAIAH, W/O SHIVARAJ AGED ABOUT 33 YEARS 3. SRI. SIDDARAJU J.B, S/O LATE. BASAVAIAH, AGED ABOUT 34 YEARS 4. SMT. LAKSHMIDEVI J.B. D/O LATE. BASAVAIAH, AGED ABOUT 31 YEARS, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010547242026 NC: 2026:KHC:44601 WP No. 24866 of 2026 ALL ARE RESIDING AT GADARANAHALLI VILLAGE, MARALAVADI HOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT, NOW BANGALORE SOUTH DISTRICT-562 121 …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN O.S.NO.728/2026 PENDING ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA AND SET ASIDE THE ORDER PASSED BY THE HON'BLE TRAIL COURT VIDE ORDER DATED 25.07.2026 PASSED ON I.A. NO.1 FILED UNDER SECTION 151 AND ORDER 39 RULE 1 AND 2 OF CPC IN O.S.NO.728/2026, PENDING ON THE FILE OF THE HON'BLE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA. (ANNEXURE- A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed questioning the order dated 25.07.2026 passed in I.A.No.1 in O.S.No.728/2026 by the Senior Civil Judge and JMFC, Kanakapura. - 3 - HC-KAR CNR: KAHC010547242026 NC: 2026:KHC:44601 WP No. 24866 of 2026 2. Earlier, the petitioner came before this Court challenging the order of the trial Court where the suit summons were issued. This Court directed the trial Court to consider the application within one week, notwithstanding the fact that the suit summons had not been served on the defendants. After that, the present impugned order was passed. In that order, the trial Court also did not consider the application. It is stated that, without giving notice, this case cannot be heard and that notice must be issued, despite an order passed by this Court to decide the application. This Court has called for a report. A report has been placed before this Court stating that, by oversight, such an order was passed. Considering the report given by the learned Judge, this Court deems it appropriate to pass the following order: ORDER i. The order dated 25.07.2026 passed in I.A.No.1 in O.S.No.728/2026 by the Senior Civil Judge and JMFC, Kanakapura, is set aside. ii. The trial Court shall strictly consider I.A.No.1 seeking injunction in accordance with law within - 4 - HC-KAR CNR: KAHC010547242026 NC: 2026:KHC:44601 WP No. 24866 of 2026 a period of one week from the date of receipt of the copy of this order. iii. Accordingly, the writ petition is disposed of. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI ) JUDGE MEG List No.: 1 Sl No.: 38