Mr. S Lakshmipathaiah v. Mr. Hanumantharayappa

((((((((((((HC-KAR, NC:(2026:KHC:43006( WP(No.(25171(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010560612026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(12 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(SMT.(JUSTICE(LALITHA(KANNEGANTI(

WRIT(PETITION(NO.25171(OF(2026((GM-CPC)(

BETWEEN:((

( , MR.,S,LAKSHMIPATHAIAH, S/O,LATE,SANJEEVAIAH,,

AGED,ABOUT,74,YEARS,, PRESENTLY,RESIDING,AT, THNO.1558,,25 ,MAIN,,

TH ND5 ,CROSS,,BTM,2 ,STAGE,, BENGALURU,-,560,076., …PETITIONER,

(BY,SRI.,L,SRINIVAS,,ADVOCATE), , AND:(

(

1., MR.,HANUMANTHARAYAPPA, S/O,LATE,PUTTARANGAIAH,,Digitally

signedtiby AGED,ABOUT,76,YEARS,, SUVARNA0T RESIDING,AT,IRAKASANDRA,VILLAGE,, Location: KORATAGERE,TALUK,,HIGH0COURT OF TUMKUR,DISTRICT,-,572,129., KARNATAKA ,

2., MR.,RAVISH, S/O,MR.,HANUMANTHARAYAPPA,, AGED,ABOUT,50,YEARS,, RESIDING,AT,YELERAMPURA,VILLAGE,, KORATAGERE,TALUK,, TUMKUR,DISTRICT,-,572,129., …RESPONDENTS, , , THIS, WP, IS, FILED, UNDER, ARTICLE, 227, OF, THE, CONSTITUTION,OF,INDIA,PRAYING,TO,ISSUE,A,WRIT,,ORDER, OR, DIRECTION, IN, THE, NATURE, OF, CERTIORARI, TO, QUASH,

AND SET ASIDE ORDER DATED 05.08.2026 PRODUCED AND MARKED AS ANNEXURE-A PASSED BY HON'BLE CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, KORTAGERE, WHICH HAS LED TO NON-CONSIDERATION OF APPLICATION SEEKING EX-PARTE AD INTERIM ORDER OF INJUNCTION FILED BY PETITIONER IN O.S 406/2026 AND ETC

THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed questioning the order dated 05.08.2026 passed in O.S.No.406/2026 by the Civil Judge and JMFC, Koratagere, whereby the trial Court had issued emergent notice on I.A.No.II and suit summons to the defendants.

¶2Learned counsel for the petitioner/plaintiff submits that when an application is filed, the trial Court has to pass orders on the merits of the matter and cannot issue emergent notice. If the order is passed, the aggrieved party can avail the remedies available to him. He has relied on order passed by the Co-ordinate Bench of this Court in Dhalitha Vividha Gramodyoga Kaigarika Sahakara Sanga Niyamitha (R) Vs Samatha Sainika Dal SSD, arising out of

W.P.No.35488/2025(GM-CPC) dated 09.12.2025, whereby Co-ordinate Bench of this Court has observed as follows: "6. This Court does not find any need or necessity to issue notice to the respondent-defendant for the reason that the petitioner is questioning the non-passing of the order on the application in IA.No.1, wherein the trial Court has neither passed any order for grant of an ad interim ex parte order of temporary injunction or for rejection of the same.

¶7When an application is filed under Order XXXIX Rules 1 and 2 of CPC by the plaintiff along with the plaint seeking an ad interim ex parte order of temporary injunction, it becomes the duty and obligation of the trial Court to consider the same and pass suitable orders either granting or rejecting the ad interim ex parte order of temporary injunction. This Court in the case of Karnataka State Cricket Association vs. Mr.Shashidhara A.V. in WP.No.33725/2025 [Decided on

17.11.2025] has made certain observations and guidelines as to how the trial Court has to deal with an application filed under Order XXXIX Rules 1 and 2 of CPC. It is not optional for the trial Court to merely issue notice to the defendant before passing an interim order of temporary injunction against the defendant.

¶8The trial Court will also have to consider judgments of the Hon'ble Apex Court in the cases of Shiv Kumar Chadha vs. Municipal Corporation of Delhi and others reported in (1993)3 SCC 161, Time City Infrastructure and Housing Limited Lucknow vs. State of U.P. and Others reported in 2025 SCC Online SC 1674 and the judgment of the Coordinate Bench of this Court in the case of Vedant Fashions Pvt. Ltd., vs. Smt.Rajul Devi reported in 2014 SCC OnLine Kar 7191 while deciding the application under Order XXXIX Rules 1 and 2 of CPC.

¶9It is brought to the notice of this Court that notice is yet to be served on the defendant. Therefore, it would be appropriate for this Court to direct the trial Court to decide the application either granting or rejecting an ad interim ex parte order of temporary injunction by providing proper reasons." s

¶3Considering the submissions of the learned counsel for the petitioner, this Court is passing the following order: ORDER i. The trial Court shall consider I.A.No.II in accordance with law, within a period of one week from the date of receipt of the copy of this order, notwithstanding the fact that the suit summons is not served on the respondent.

ii. The petitioner is at liberty to advance the matter.

iii. Accordingly, the writ petition is disposed of.

iv. All I.As. in this petition shall stand closed.

Sd/- (LALITHA KANNEGANTI) JUDGE

MEG List No.: 1 Sl No.: 43