Karnataka High Court

WP/25939/2026 of SMT. JYOTHI. M, Vs SRI. SATISH, on 31 August 2026

Cites 3, Cited by 0

CNR: KAHC010564302026 NC: 2026:KHC:47112 WP No. 25939 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25939 OF 2026 (GM-CPC) BETWEEN: 1. SMT. JYOTHI. M, D/O LATE VEDAVATHI, W/O

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31ST DAY OF AUGUST, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 25939 OF 2026 (GM-CPC)

BETWEEN:

1.

SMT. JYOTHI. M,

D/O LATE VEDAVATHI,

W/O RAGHAVENDRA,

AGED ABOUT 38 YEARS,

R/AT ALILAGHATTA VILLAGE AND POST,

HAGALAVADI HOBLI,

TUMAKURU TALUK AND DISTRICT

2.

SMT. TARA. M,

D/O LATE VEDAVATHI,

W/O N. RAVI KUMAR,

AGED ABOUT 36 YEARS,

R/AT NUGITHAHALLI VILLAGE,

NANDI HOBLI,

CHIKKABALLAPUR TALUK AND DISTRICT

3.

SRI. SANDEEP. M,

S/O LATE VEDAVATHI,

AGED ABOUT 30 YEARS,

R/AT MADANAHALLI VILLAGE,

GOWRIBIDANURU TALUK,

CHIKKABALLAPUR DISTRICT.

…PETITIONERS

(BY SRI. YASHWANTH NETHAJI N.T., ADVOCATE FOR

SRI. K.V. NARASIMHAN, ADVOCATE)

Digitally

signed by

SUVARNA T

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

AND:

1.

SRI. SATISH,

S/O LATE VENKATARAVANAPPA,

@VENKATARAMANAPPA,

AGED ABOUT 61 YEARS.

2.

SMT. NETHRAVATHI.C.R,

W/O SATISH,

AGED ABOUT 51 YEARS,

RESPONDENTS NO.1 AND 2 ARE

R/AT NO.259, BURKANAHATTI,

MADHUGIRI TOWN AND TALUK,

TUMAKURU DISTRICT - 572 132

3.

SMT. POOJA M.S.

D/O SATISH,

W/O ASHOK KUMAR,

R/AT NO.259,

AGED ABOUT 33 YEARS,

BURKANAHATTI,

MADHUGIRI TOWN AND TALUK

TUMAKUR DISTRICT - 572 132

AND ALSO R/A NO.2796,

14TH MAIN ROAD,

RPC LAYOUT, VIJAYANAGAR,

BANGALORE - 560 040

4.

SMT. SWATHI S.

D/O. SATISH

W/O. G.S.GANGADHAR

AGED ABOUT 36 YEARS,

R/AT. IN FRONT OF RKN THEATER

GUDIBANDE VILLAGE, POST AND TALUK

CHIKKABALLAPUR DISTRICT - 562 109

5.

SMT. SHOBHA.M.S

D/O SATISH

W/O H.S.VINAY

HC-KAR

AGED ABOUT 31 YEARS.

R/T. HAGALAVADI VILLAGE AND POST

GUBBI TALUKU - 572 222

TUMAKUR DISTRICT

6.

SRI. NAGESH

S/O LATE LAKSHMINARAYANA

@ NARAYANAPPA

AGED ABOUT 44 YEARS

R/AT. DODDAVEERAGONDANAHALLI (V)

BELLADAMADUGU GATE KASABA HOBLI

MADHUGIRI TALUKU - 572 132

TUMAKURU DISTRICT.

7.

SMT. NALINA

S/O LATE LAKSHMINARAYANA @

NARAYANAPPA

W/O H.G. MUNIRAJU

AGED ABOUT 48 YEARS

R/AT. HARIHARAPURA (V)

AVALAGURKI POST,

CHIKKABALLAPUR TALUKU

AND DISTRICT - 562 101

8.

SMT. MALA B.N.

W/O LATE HARISH

AGE ABOUT 42 YEARS

9.

SRI. SHARAN M.H.

S/O LATE HARISH

AGED ABOUT 22 YEARS

RESPONDENTS NO.8 AND 9 ARE

R/AT DODDAVEERAGONDANAHALLI (V)

BELLADAMADUGU GATE

KASABA HOBLI

MADHUGIRI TALUKU - 572 132

TUMAKURU DISTRICT

HC-KAR

10.

SRI. RAGAVENDRA M.S.

S/O LATE SRINIVASA

AGED ABOUT 44 YEARS,

R/AT BURKANAHATTI VILLAGE

MADHUGIRI TALUKU - 572 132

TUMAKURU DISTRICT

11.

SRI. NAGARAJ

S/O LATE SRINIVASA

R/AT. DODDAVERAGONDANAHALLI VILLAGE

AGED ABOUT 42 YEARS

BELLADAMADUGU GATE

KASABA HOBLI

MADHUGIRI TALUKU - 572 132

TUMAKURU DISTRICT.

12.

SMT. SUCHITHARA

D/O. SATHYABHAMA

W/O. JAGANATH

AGED ABOUT 48 YEARS

R/AT. HONNAVALLI VILLAGE,

ANGADI BEDI

THIPATURTALUKU,

TUMAKURU DISTRICT.

13.

SMT. MAMATHA

D/O. SATHYABHAMA

W/O GOVINDAPPA

AGED ABOUT 45 YEARS

R/AT. HALILUGATTA VILLAGE,

HAGALAVADI HOBLI

GUBBI TALUKU

TUMAKURU DISTRICT.

14.

SMT. SHASHI

W/O LATE VISHWANATHA,

AGED ABOUT 30 YEARS

HC-KAR

15.

SRI. PUNITH

S/O LATE VISHWANATH

AGED ABOUT 20 YEARS

16.

SRI. PAVANA

S/O LATE VISHWANATH

AGED ABOUT 18 YEARS

RESPONDENTS NO.14 TO 16 ARE

R/AT. BEHIND BACK OF

BYATARAYANA SWAMY TEMPLE

MASEEDI ROAD,

TURUVEKERE TOWN AND TALUKU,

TUMAKURU DISTRICT

17.

SMT. RAJALAKSHMI M.V.

D/O. LATE VENKATARAVANAPPA

@VENKATARAMANAPPA

W/O. H.R. NAGARAJASHETTY,

AGED ABOUT 65 YEARS,

R/AT NO.507, PETE BEEDI

HONNAVALLI VILLAGE AND HOBLI

TUMAKURU TALUK AND DISTRICT

18.

SRI. PRO SHARAD BHAI. G

S/O GOVINDARAO SAVANTH

AGED ABOUT 71 YEARS

19.

SMT. R.BELLI @

BELLI RAVIVARMA KUMAR

W/O SRI GOSHAL

AGED ABOUT 39 YEARS

R/AT. NO.1 AND 2, NALANDA

NO. 275, 8TH MAIN ROAD

COFFEE BOARD LAYOUT,

HEBBALA KEMPAPURA

BANGALORE - 560 024.

…RESPONDENTS

HC-KAR

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR

DIRECTION QUASHING THE ORDER PASSED. ON I.A. NO.1 ON

01/08/2026 BY LEARNED SENIOR CIVIL JUDGE AND CJM, MADHUGIRI IN O.S. NO.159/2006, AT ANNEXURE-F.

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

The petitioners are before this Court, questioning the order dated 01.08.2026 passed on I.A. No.1 in O.S. No.159/2026 by the Principal Senior Civil Judge and JMFC, Madhugiri, whereby the Trial Court has issued an emergent notice on I.A. No.1, which is filed seeking an ad-interim injunction.

2. Learned counsel appearing for the petitioners submits that the petitioners have filed the suit for partition. In the said suit, they have filed I.A. No.1 seeking an ad-interim injunction restraining defendant Nos.6 to 8, 10, 11, 18 and 19 from alienating the suit schedule property. The Trial Court, by order dated 01.08.2026, has issued emergent notice to

HC-KAR

defendant Nos.6 to 8, 10, 11, 18 and 19 on I.A. No.1 and suit summons to the defendants, returnable by 31.08.2026.

3. It is submitted that when an application is filed seeking an ad-interim injunction, the Trial Court has to consider the same on the merits of the matter and cannot issue suit summons.

4. He has relied on the order passed by the Co- ordinate Bench of this Court in the case of 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 the 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.

7. When an application is filed under Order XXXIX Rules 1 and 2 of CPC by the plaintiff along with the plaint seeking an ad interim

HC-KAR

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.

8. The 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.

9. It 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."

HC-KAR

5. Having heard the learned counsel for the petitioners, perused the entire material on record. Considering the order passed by the Co-ordinate Bench of this Court in W.P.No.35488/2025 (GM-CPC) dated 09.12.2025, this Court deems it appropriate to pass the following:

ORDER

i. Accordingly, the writ petition is disposed of, directing the trial Court to dispose of the I.A No.1 within a period of one week from the date of receipt of the copy of the order, notwithstanding the fact that the suit summons were not served on the defendants. ii. The petitioners are at liberty to advance the matter before the Trial Court. iii. All pending I.As., in the petition shall stand closed.

SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 12

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