- 1 - HC-KAR CNR: KAHC010835522025 NC: 2026:KHC:46511 WP No. 39718 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 39718 OF 2025 (GM-CPC) BETWEEN: SMT. SUJATHA S D/O LATE SRINIVASAPPA @ SEENAPPA W/O LATE MUNIRAJU AGED ABOUT 50 YEARS R/AT WARD NO. 10 NEELERI, KASABA HOBALI BIDALURU POST DEVANAHALLI TALUK BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI. M MUNI KRISHNA., ADVOCATE) AND: 1. SMT. RATHNAMMA W/O LATE SRINIVASAPPA @ SEENAPPA AGED ABOUT 70 YEARS 2. SRI. MANJUNATH.S S/O LATE SRINIVASAPPA @ SEENAPPA AGED ABOUT 47 YEARS 3. SRI. RAJANEESH.S S/O LATE SRINIVASAPPA @ SEENAPPA AGED ABOUT 45 YEARS ALL ARE R/AT BUDIGERE VILLAGE CHANNARAYAPATNA HOBALI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562110. …RESPONDENTS Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010835522025 NC: 2026:KHC:46511 WP No. 39718 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER HENCE BY QUASHING THE IMPUGNED ORDER AS PER ANNEXURE-A DATED- 5-08-2025 ON IA NO.3 UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF THE CPC FILED BEFORE THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AT DEVANAHALLI IN OS.NO 649/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. In this writ petition, the petitioner-plaintiff has called in question the order dated 05.08.2025 passed by the I Addl. Senior Civil Judge and JMFC, Devanahalli, on I.A.No.III filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC in O.S.No.649/2025 seeking an order of temporary injunction. 2. The office has raised an objection regarding the maintainability of the writ petition stating that against the impugned order, the appropriate remedy available to the petitioner is to file an appeal under Order XLIII Rule 1(r) of the Code of Civil Procedure. - 3 - HC-KAR CNR: KAHC010835522025 NC: 2026:KHC:46511 WP No. 39718 of 2025 3. The objection raised by the office regarding maintainability of the writ petition, is upheld. 4. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the appropriate legal forum in accordance with law. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 20