- 1 - HC-KAR CNR: KAHC010395252020 NC: 2026:KHC:51773 WP No. 15225 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15225 OF 2020 (GM-CPC) BETWEEN: 1. SMT. VEDA S BHAT W/O SRI SRINIVAS BHAT AGEDA BOUT 40 YEARS R/AT NO.971/7, SREEMATHA HOUSE NEXT TO SHABARI APARTMENTS RAJARAJESHWARI NAGAR BENGALURU-560098. …PETITIONER (BY SRI. SUYOG HERELE .E, ADVOCATE) AND: 1. SRI PATEL ANAND S/O PATEL NAGABHUSHANA AGED ABOUT 45 YEARS R/AT HOUSE NO.B4, ULLALU UPANAGARA BENGALURU-560056. …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED 09.12.2020 IN ISSUING EMERGENT NOTICE TO THE RESPONDENT IN O.S.NO.1118/2020 ON THE FILE OF II ADDL CIVIL JUDGE, BENGALURU RURAL DISTRICT AND CONSEQUENTLY ALLOW THE INTERLOCUTORY APPLICATION NO.1/2020 FILED BY THE PETITIONER HEREIN SEEKING EX- PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENT RESTRAINING THE RESPONDENT, HIS MEN, SUCCESSORS, ASSIGNEES AND ANY PERSON CLAIMING UNDER HIM OR Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010395252020 NC: 2026:KHC:51773 WP No. 15225 of 2020 THROUGH HIM FROM INTERFERING WITH THE PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTY BY THE PETITIONER HER MEN, SUCCESSORS AND ASSIGNEES AND CREATING ANY KIND OF THIRD PARTY RIGHTS ON THE SCHEDULE PROPERTY ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed by the plaintiff, being aggrieved by the refusal of the learned Trial Court to grant an ex parte ad-interim order of injunction while issuing emergent notice to the defendant. The said order is called in question in the present petition. This Court had initially granted an interim order, however, the said interim order has not been extended after the year 2024. 2. Be that as it may, the petitioner instituted the suit seeking a decree of injunction as far back as in the year 2020. Therefore, it is appropriate that the petitioner pursues the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short, “CPC”) before the learned Trial Court. Having regard to the fact that the suit is founded Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010395252020 NC: 2026:KHC:51773 WP No. 15225 of 2020 on title documents, the learned Trial Court shall consider the application for temporary injunction and pass appropriate orders at the earliest. 3. It is needless to observe that mere non-service or evasion of summons by the defendant shall not preclude the learned Trial Court from considering the prima facie materials placed on record by the petitioner, including the title documents, while considering the application under Order XXXIX Rules 1 and 2 of CPC, in accordance with law. 4. In view of the above, the writ petition stands disposed of. 5. The learned Trial Court shall ensure that the parties are afforded an opportunity of hearing and shall dispose of the application filed under Order XXXIX Rules 1 and 2 of CPC, as expeditiously as possible and, in any event, within an outer limit of four weeks from the date of receipt of a certified copy of this order. (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 1 Sl No.: 24 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified