- 1 - HC-KAR NC: 2026:KHC:17427 MFA No. 713 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 713 OF 2024 (CPC) BETWEEN: 1. KUMARI KUSUMA D/O LATE S G SHAMANNA AGED ABOUT 23 YEARS 2. SRI PRAJWAL S/O LATE S G SHAMANNA AGED ABOUT 20 YEARS BOTH ARE RESIDING AT NO.319 2ND MAIN ROAD, DUBASIPALYA 1ST BLOCK, JNANABHARATHI, SATELLITE TOWN, KENGERI, BENGALURU - 560 059. …APPELLANTS (BY SRI. HEGDE SHRIPAD GANGADHAR.,ADVOCATE) AND: 1. SMT NAGALAKSHMI C W/O LATE S G SHAMANNA AGED ABOUT 59 YEARS 2. SMT SOWMYA S D/O LATE S G SHAMANNA AGED ABOUT 39 YEARS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17427 MFA No. 713 of 2024 3. SHRI BHARATH S S/O LATE S G SHAMANNA AGED ABOUT 39 YEARS RESPONDENT NO.1 TO 3 ARE RESIDING AT SHIVAKOTE VILLAGE, HESARAGHATTA HOBLI BENGALURU - 560 089. 4. SRI SRINIVASA RAO GUNDAPANENI S/O KOTATIAH GUNDAPANENI AGED ABOUT 47 YEARS R/A NO.50, SHIVAKOTE VILLAGE, HESARAGHATTA HOBLI YELAHANKA TALUK, BENGALURU - 560 089. 5. SRI ANAND G S/O GOVINDAPPA AGED ABOUT 48 YEARS R/AT NO.207, GUNIAGRAHARA ROAD LAKSHMIPURA, BENGALURU NORTH BENGALURU - 560 097. 6. M/S ONYX HOMES PRIVATE LIMITED (FORMERLY M/S ONYX APARTMENTS PRIVATE LIMITED) HAVING REGISTERED OFFICE AT NO.216/13, LOUNGE A SURAJ TOWERS, 4TH FLOOR, 27TH CROSS, JAYANAGAR 3RD BLOCK, BENGALURU - 560 011. REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 21.04.2023 PASSED ON I.A.NO.2 IN OS.NO.125/2021 ON THE FILE OF THE XXIX - 3 - HC-KAR NC: 2026:KHC:17427 MFA No. 713 of 2024 ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-30 REJECTING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT There is a delay of 194 days in filing the appeal. The appeal pertains to the year 2024 arising out of O.S.125/2021. The impugned order rejecting I.A.No.2 is dated 21.04.2023. 2. The present Miscellaneous First Appeal is directed against the order dated 21.04.2023 passed on I.A.No.2 filed by the appellants/plaintiffs under Order XXXIX Rules 1 and 2 of the CPC seeking an ex-parte interim injunction restraining the defendants from alienating or creating any third party rights in respect of the suit schedule property in O.S.No.125/2021 on the file of the XXIX Additional City Civil and Sessions Judge, Bengaluru City (for short 'the - 4 - HC-KAR NC: 2026:KHC:17427 MFA No. 713 of 2024 trial Court', whereby the said application seeking ex-parte temporary injunction came to be rejected. 3. Learned counsel for the appellants submits that the trial Court while considering the I.A.No.2 has virtually adjudicated the suit on its merits, which is impermissible at the stage of considering an application for temporary injunction. 4. Upon perusal of the impugned order, it is evident that the trial Court has held that the plaintiffs have failed to establish a prima-facie case, balance of convenience does not lie in their favour or no hardship or irreparable injury is caused if injunction is refused. It is also to be noted that from the year 2021 till date, no interim order has been in operation, and the ex-parte interim injunction initially granted was subsequently rejected. 5. Having considered the material on record and the impugned order, this Court finds that the trial Court has exercised its discretion based on settled principles - 5 - HC-KAR NC: 2026:KHC:17427 MFA No. 713 of 2024 governing grant of temporary injunction. No perversity or illegality or arbitrariness is demonstrated warranting interference by this Court. Accordingly, this Court pass the following: ORDER i) The Miscellaneous First Appeal is hereby dismissed. ii) It is made clear that any observations made by the trial Court while considering I.A.No.2 shall not influence the trial Court while deciding the suit on merits and such observations/findings are confined only to the adjudication of the interim application. iii) Liberty is reserved to the appellants to approach the trial Court by filing an appropriate application, in the event of any apprehension regarding alienation of the suit property. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 11