- 1 - HC-KAR CNR: KAHC010587852026 NC: 2026:KHC:52333 WP No. 26952 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 26952 OF 2026 (GM-CPC) BETWEEN: M/S. SRI. SRI. HONNARALIYAMMA HUCHHAMMA TEMPLE SEVA TRUST (REGD.) REP. BY ITS PRESIDENT JAYARAMA H.B. AGED ABOUT 72 YEARS, AND CHIEF SECRETARY - VENKATESH H.S. AGED ABOUT 56 YEARS, HOSAKERE VILLAGE AND POST, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 111. …PETITIONER (BY SRI. BASAVAIAH C, ADVOCATE) AND: 1. SRI. PATEL H.K. SRIDHARA S/O. LATE H.D. KRISHNAPPA, AGED ABOUT 61 YEARS, OCC: RUNNING GOVERNMENT RATION DEPOT. 2. SRI. H.B. SHIVAKUMAR, S/O. H.G. BOREGOWDA, AGED ABOUT 50 YEARS, OCC: PROPRIETOR RUNNING GARMENTS FACTORY. 3. SRI. H.R. THAMMANAGOWDA, S/O. LATE RAMANNA, AGED ABOUT 61 YEARS, OCC: AGRICULTURIST, Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010587852026 NC: 2026:KHC:52333 WP No. 26952 of 2026 4. SRI. THANTI BOREGOWDA, S/O. LATE BORAIAH, AGED ABOUT 85 YEARS, OCC: AGRICULTURIST, 5. SRI. H.N. NANJEGOWDA @ GUNDAIAH, S/O. LATE NANJEGOWDA, AGED ABOUT 70 YEARS, OCC: AGRICULTURIST, 6. SRI. H.T. SHIVANNA, S/O. H.T. THIMMEGOWDA, AGED ABOUT 65 YEARS, OCC: AGRICULTURIST, RESPONDENTS NO.1 TO 6 ARE RESIDENT OF HOSAKERE VILLAGE AND POST, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 111. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 18.07.2026 (ANNEXURE-H) OF THE TRIAL COURT - ADDITIONAL CIVIL JUDGE AND JMFC, KUNIGAL ON ACCEPTING THE VAKALATH OF DEFENDANT NO.1 AND WITH A DIRECTION TO ISSUE NOTICE TO THE OTHER DEFENDANTS WITH A DIRECTION TO FILE WRITTEN STATEMENT WITH OBJECTIONS WITHOUT BEING CONSIDERING THE PLAINT AND THE APPLICATION FOR EXPARTE TEMPORARY INJUNCTION AS PER ANNEXURE-G AND G1 AND FURTHER BE PLEASED TO DIRECT THE TRIAL COURT TO ADDITIONAL CIVIL JUDGE AND JMFC, KUNIGAL, TO CONSIDER THE PLAINT AND THE I.A. NO.1/2026 BEFORE ACCEPTING AS PER THEIR ORDER DATED 18.07.2026 (ANNEXURE-H) IN O.S. NO. 724/2026 TO MEETS THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR CNR: KAHC010587852026 NC: 2026:KHC:52333 WP No. 26952 of 2026 ORAL ORDER This petition is filed challenging the impugned order dated 18.07.2026 passed by the learned Additional Civil Judge and JMFC, Kunigal, in O.S. No.724/2026 (for short, ‘the Trial Court’), whereby, though the matter was posted for orders, upon the appearance of defendant No.1 without issuance of summons, the learned Trial Court proceeded to issue suit summons to defendant Nos.2 to 6. 2. Learned counsel appearing for the petitioner submits that defendant No.1 appeared before the Trial Court voluntarily and without issuance of summons. It is further submitted that an application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, is pending consideration before the learned Trial Court. 3. Perusal of the order sheet indicates that the matter was posted for orders, apparently on the application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908. Thereafter, defendant No.1 entered appearance by filing vakalat, pursuant to which the learned - 4 - HC-KAR CNR: KAHC010587852026 NC: 2026:KHC:52333 WP No. 26952 of 2026 Trial Court proceeded to issue suit summons to defendant Nos.2 to 6. 4. In the facts and circumstances of the present case, it would suffice to direct the Trial Court to consider and dispose of the application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, expeditiously and, in any event, within a period of four weeks from the date of receipt of a copy of this order. 5. It is submitted that the matter is listed before the Trial Court on 01.10.2026. Accordingly, the Trial Court shall endeavour to consider and dispose of the pending application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908, in accordance with law. 6. With the above observations, the writ petition stands disposed of. Sd/- (K. V. ARAVIND) JUDGE VN List No.: 1 Sl No.: 11