- 1 - HC-KAR NC: 2026:KHC:14221 MFA No. 7944 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 7944 OF 2017 (CPC) BETWEEN: SRI K C KRISHNAREDDY S/O LATE CHIKKAHANUMAPPA, RESIDING AT KITTAGANUR VILLAGE, BIDARAHALLI HOBLI, K.R.PURAM POST, BANGALORE - 560 036. &APPELLANT (BY SRI. SRIRANGA T N.,ADVOCATE FOR; SRI. NAGAIAH.,ADVOCATE) AND: 1. SHRI MANJUNATH N S/O SHEESHYLAPPA NALAWAD, AGED ABOUT 39 YEARS, R/AT NO.63/14, FLAT NO.301, HENNUR RESIDENCY, HRBR 3RD BLOCK, K.K.HALLI, BANGALORE - 560 084. 2. SRI.N SRINIVAS S/O LATE NAGAPPA, AGED ABOUT 37 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14221 MFA No. 7944 of 2017 R/AT NO.66/1, AM LAYOUT, ST.THOMAS TOWN POST, KACHARAKANAHALLI, BANGALORE - 560 084. 3. SRI.UMESH N S/O SRI.S.NATARAJAN, AGED ABOUT 48 YEARS, R/AT NO.35, 2ND MAIN ROAD, JALADHARSHINI LAYOUT, NEW BEL LAYOUT, BANGALORE - 560 094. &RESPONDENTS (BY SRI. GANAPATHY BHAT VAJRALLI & K NAGENDRA KUMAR.,ADVOCATE FOR C/R1) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.22.09.2017 PASSED ON I.A.NO.2 IN O.S.NO.1856/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING I.A.NO.2 FILED U/O 39 RULES 1 & 2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14221 MFA No. 7944 of 2017 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The present Miscellaneous First Appeal is preferred by the defendant assailing the order dated 22.09.2017 passed by the Principal Civil Judge, Bengaluru (for short 'the trial Court') on I.A.No.2 in O.S.No.1856/2015. By the said order, the Trial Court allowed the application filed by the respondents/plaintiffs under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC and restrained the defendant from developing the suit schedule property pending disposal of the suit. 2. Heard the learned counsel appearing for the appellant, learned counsel appearing for the respondents and perused the materials placed on record. 3. The respondents/plaintiffs instituted suit in O.S.No.1856/2015 seeking specific performance of an agreement of sale dated 08.09.2015. Along with the suit, the plaintiff initially filed I.A.No.1 seeking an order of - 4 - HC-KAR NC: 2026:KHC:14221 MFA No. 7944 of 2017 temporary injunction restraining the defendant from alienating or creating third party rights over the suit property, which came to be granted by the Trial Court. 4. Subsequently, the plaintiff filed I.A.No.2 under Order XXXIX Rules 1 and 2 of CPC seeking an order of temporary injunction restraining the defendant from developing the suit schedule property contending that the defendant had commenced development activity with an intention to form site and alienate the same to the third parties. The defendant filed objections to the said application. 5. Upon consideration of the material on record, the trial Court allowed I.A.No.2 and restrained the defendant from developing the suit property pending disposal of the suit. Aggrieved by the said order, the defendant has preferred the present appeal. 6. Learned counsel appearing for the appellant submits that the trial Court erred in granting the injunction - 5 - HC-KAR NC: 2026:KHC:14221 MFA No. 7944 of 2017 restraining the development of the property. It is submitted that the earlier order restraining the defendant from alienating or creating third party rights was sufficient to safeguard the interest of the plaintiff. Therefore, the trial Court ought not to have further restrained the defendant from undertaking development activities on the property. 7. Per contra, learned counsel for the respondents/plaintiffs justifies the order passed by the trial Court and submits that if the defendant is permitted to carry out the development activities and form sites, the nature of the property would be altered, which would result in multiplicity of proceedings and prejudice the rights claimed by the plaintiff in a suit for specific performance. It is therefore contended that the trial Court was justified in granting temporary injunction. 8. This Court has carefully considered the rival contentions and perused the materials placed on record. - 6 - HC-KAR NC: 2026:KHC:14221 MFA No. 7944 of 2017 9. The suit is one for specific performance of agreement of sale and the same is pending for consideration. The trial Court had already granted an interim order restraining the defendant from alienating or creating any third party rights. The said interim order had been extended and still operating in favour of the plaintiff. 10. The trial Court on examining the materials placed before the Court found that certain development activities were being undertaken on the suit property and that permitting such development may change the nature of the property and lead to complications or multiplicity of proceedings. On the said basis, the trial Court held that the plaintiff has established a prima-facie case, that the balance of convenience lies in their favour, and that irreparable injury would be caused if the injunction was not granted. 11. Having regard to the nature of the suit, and that the order was passed by the trial Court on 22.09.2017, the - 7 - HC-KAR NC: 2026:KHC:14221 MFA No. 7944 of 2017 present appeal is pending since then before this Court without any order of this Court staying the impugned order passed by the trial Court. Hence, under these circumstances, this Court finds there is no perversity or illegality in the order passed by the trial Court warranting any interference. Accordingly, this Court pass the following: ORDER. i) The Miscellaneous First Appeal is hereby dismissed. ii) The order dated 22.09.2017 passed on I.A.No.II in O.S.No.1856/2015 on the file of Principal Civil Judge, Bengaluru stands confirmed. iii) Considering that the suit is of the year 2015, it is needless to observe that the trial Court shall dispose of the suit as expeditiously as possible. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM/List No.: 1 Sl No.: 25