##PAGE1##

- 1 -

NC: 2026:KHC:16961 WP No. 4365 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

WRIT PETITION NO. 4365 OF 2026 (GM-CPC)

BETWEEN:

S MURARI S/O T M SADANANDAM AGED ABOUT 75 YEARS

R/AT NO. 3, ANAND HABITAT ARTILLERY ROAD, ULSOOR

BENGALURU - 560 008.

…PETITIONER (BY SRI. NAGARAJ R., ADVOCATE)

AND:

1. R SUNIL KUMAR S/O A RAJMAL

AGED ABOUT 52 YEARS

2. R LALITH KUMAR S/O A RAJMAL Digitally signed by AGED ABOUT 42 YEARS.

DHANALAKSHMI MURTHY Location: HIG H 3. HARSHA JAIN

COURTOF W/O R LALITH KUMAR KARNATAKA AGED ABOUT 40 YEARS ALL ARE RESIDING AT

NO. 270, JAIN TEMPLE ROAD SHIVAJINAGAR, BENGALURU 560 051.

…RESPONDENTS (BY SRI. JAYAPRAKASH SHETTY B., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRIT SETTING ASIDE THE ORDER DATED: 04.02.2026 (ANNEXURE-

##PAGE2##

- 2 -

NC: 2026:KHC:16961 WP No. 4365 of 2026

HC-KAR

A) IN ADJOURNING THE MATTER TO THE EXTENT OF NOT GRANTING AD INTERIM ORDER ON THE IA NO.2 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC RESTRAINING THE DEFENDANTS OR ANYBODY CLAIMING UNDER THEM FROM CREATING 3^RD PARTY INTEREST, PENDING BEFORE THE XIII ADDL. CITY CIVIL & SESSION JUDGE, MAYO HALL UNIT, CITY CIVIL COURTS (CCH-

22) IN OS.NO.25128/2026. AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

ORAL ORDER

1. In this writ petition, the petitioner-plaintiff has called in question the order dated 04.02.2026 passed by the XIII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as ‘Trial Court’ for short), in

O.S.No.25128/2026.

2. For the sake of convenience, the parties are referred to as per their rankings before the Trial Court in Original

Suit.

##PAGE3##

- 3 -

NC: 2026:KHC:16961 WP No. 4365 of 2026

HC-KAR

3. The petitioner–plaintiff filed a suit in O.S. No.25128/2026 before the Trial Court seeking relief of declaration. Along with the plaint, the petitioner–plaintiff also filed I.A.No.1 under Order XXXIX Rules 1 and 2 of CPC, seeking an ex-parte order of temporary injunction restraining the defendants, their servants, agents, henchmen, or any other persons claiming under or through them, from alienating or creating any third-party interest or encumbrance of any kind, directly or indirectly, in respect of the suit schedule property, pending disposal

of the suit.

The Trial Court, by impugned order dated

04.02.2026, issued emergent notice on I.A.No.1 and suit summons to the defendants and declined to grant an ex parte order of temporary injunction. Thereafter, for one reason or another, the matter was adjourned and no order has been passed on I.A.No.1. Being aggrieved, the

petitioner is before this Court.

##PAGE4##

- 4 -

NC: 2026:KHC:16961 WP No. 4365 of 2026

HC-KAR

4. This Court, by order dated 10.02.2026, granted an interim order directing the parties not to alienate, encumber, dispose of, or create third-party rights over the

suit schedule properties.

5. Since I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC is pending before the Trial Court and even though notice was issued to the defendants by impugned order dated 04.02.2026, no order has been passed on the said application, this Court deems it appropriate to dispose of this writ petition with a direction to the Trial Court to consider and dispose of the said application as

expeditiously as possible.

6. Accordingly, the following order is passed:

ORDER

a) The writ petition is disposed of.

b) The Trial Court is directed to dispose of

I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC, in accordance with law, as expeditiously

##PAGE5##

- 5 -

NC: 2026:KHC:16961 WP No. 4365 of 2026

HC-KAR

as possible, and in any event, within a period of three months from the date of receipt of a

certified copy of this order.

c) Till consideration o

Click Here to Read the rest of this document