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2026 Supreme(Online)(Kar) 27882

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI H B SANTOSH KUMAR JAIN – Appellant
Versus
SMT K NIRMALA – Respondent


THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 08.04.2026 PASSED ON I.A.NO.I IN O.S.NO.1598/2026 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH NO.3), ALLOWING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 30/04/2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:

CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

CAV JUDGMENT

This Miscellaneous First Appeal is directed against the order dated 08.04.2026 passed on I.A No. I in OS No. 1598/2026 on the file of XV Additional City Civil and Sessions Judge, Bengaluru (CCH.3) (‘the Trial Court’ for short), whereby the application filed by the plaintiffs under Order XXXIX, Rule 1 and 2 read with Section 151 CPC has been allowed and the defendants have been restrained by way of temporary injunction from interfering with the peaceful possession and enjoyment of the plaintiffs over the suit Schedule ‘A’ and ‘B’ properties pending disposal of the suit.

BRIEF FACTS

2. The respondents herein, who are the plaintiffs before the Trial Court, instituted a suit for bare injunction conte

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