- 1 - HC-KAR NC: 2026:KHC:23964 MFA No. 3056 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.3056 OF 2026 (CPC) BETWEEN: MR. G.L. GIRIDHAR S/O LATE MR. G.N. LAKSHMIKANTHA, AGED ABOUT 55 YEARS, RESIDING AT NO.162, 4TH CROSS, 10TH BLOCK, NAGARABHAVI 2ND STAGE, BENGALURU-560072. …APPELLANT (BY SMT. MANASI KUMAR, ADVOCATE) AND: MS. SUJATHA .B D/O LATE MR. BASAVARAJ, RESIDING AT NO.109, 1ST FLOOR, SRI ANANTHA NAGAR ROAD, ANANTH NAGAR LAYOUT, GLASS FACTORY LAYOUT ELECTRONIC CITY, VTC ELECTRONIC CITY, PO ELECTRONIC CITY, BENGALURU SOUTH, BENGALURU-560 100. …RESPONDENT THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC., AGAINST THE ORDER DATED 17.04.2026 PASSED ON I.A.NO.1 IN O.S.NO.828/2026 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, BENGALURU, ISSUING EMERGENT NOTICE ON I.A.NO.1 AND SUIT SUMMONS. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23964 MFA No. 3056 of 2026 ORAL JUDGMENT This Miscellaneous First Appeal is against declining to grant an ex parte ad interim temporary injunction on I.A.No.1 filed under Order XXXIX Rules 1 and 2 CPC and instead issued emergent notice on I.A.No.1 to the defendants. 2. Learned counsel for the appellant submits that Trial Court failed to grant ex parte injunction despite existence of a prima facie case. It is submitted that there is apprehension of creation of third party rights and long returnable date (16.07.2026) defeats the purpose of interim relief. 3. The grievance of the appellant is limited to non- grant of ex parte injunction and delay in returnable date. The impugned order merely issues notice and does not finally adjudicate the rights of the parties. The appellant has effective of alternative remedy before Trial Court itself. - 3 - HC-KAR NC: 2026:KHC:23964 MFA No. 3056 of 2026 4. At this stage, the appellant seeks liberty to approach the Trial Court/vacation Court seeking urgent consideration of I.A.No.1. 5. The Miscellaneous First Appeal stands disposed of with liberty to the appellant to approach the Trial Court/vacation Court seeking urgent consideration of I.A.No.1. No grounds are made out to interfere with the impugned order at this stage. Sd/- ____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 50