Full Judgment Text
- 1 -
NC: 2026:KHC:14890
WP No. 5528 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 5528 OF 2026 (GM-CPC)
BETWEEN:
SMT.VIJAYALAKSHMI K N
W/O NARAYANA M C
AGED ABOUT 42 YEARS
R/AT. NO.38/2
MADANAYAKANHALLI VILLAGE
MADAVARA POST, TUMKUR ROAD
DASANAPURA HOBLI
BANGALORE.
…PETITIONER
(BY SRI. LAKSHMIKANTH K., ADVOCATE)
AND:
1. SMT. HONNAMMA
W/O LATE SIDDAPPA
AGED ABOUT 77 YEARS
2. MR. VASU S
W/O LATE SIDDAPPA
AGED ABOUT 55 YEARS
BOTH ARE RESIDING AT
KODIPALYA VILLAGE
NEAR GOVERNMENT SCHOOL
CHUDENAPURA POST
KENGERI, BANGALORE 560 060.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 29.10.2025 PASSED ON IA NO.1 AND 2 IN O.S.NO.
2004/2025, BY THE PRL. SENIOR CIVIL JUDGE, BENGALURU
Digitally signed
by
DHANALAKSHMI
MURTHY
Location: HIGH
COURTOF
KARNATAKA
- 2 -
NC: 2026:KHC:14890
WP No. 5528 of 2026
HC-KAR
RURAL DISTRICT AT BENGALURU AT ANNEXURE-E,
CONSEQUENTLY, ALLOW THE IA NO.1 AND 2 FILED BY THE
PLAINTIFF/PETITIONER HEREIN AS PRAYED FOR ANE ETC.,
THIS PETITION, COMING ON FOR ORDERS, 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 has called in
question the order dated 29.10.2025 passed by the Prl.
Senior Civil Judge, Bangalore Rural District, Bangalore, on
I.A.Nos.1 and 2 filed under Order XXXIX Rule 1 and 2 of
CPC, in O.S.No.2004/2025, whereby the Trial Court has
refused to grant an exparte order of temporary injunction
to the petitioner-plaintiff.
2. In similar matter in W.P.No.13888/2022 disposed of
on 22.01.2026, this Court following various judgments of
the Hon’ble Supreme Court has held that the writ petition
challenging the order of the Trial Court refusing to grant
an exparte order of temporary injunction on an application
filed under Order XXXIX Rule 1 and 2 of CPC, is not
- 3 -
NC: 2026:KHC:14890
WP No. 5528 of 2026
HC-KAR
maintainable and the petitioner has to file an appeal under
Order 43 Rule 1(r) of CPC.
3. In view of the above, the writ petition is disposed of
granting liberty to the petitioner to take appropriate steps
in accordance with the law.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
DM
List No.: 1 Sl No.: 107
NC: 2026:KHC:14890
WP No. 5528 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 5528 OF 2026 (GM-CPC)
BETWEEN:
SMT.VIJAYALAKSHMI K N
W/O NARAYANA M C
AGED ABOUT 42 YEARS
R/AT. NO.38/2
MADANAYAKANHALLI VILLAGE
MADAVARA POST, TUMKUR ROAD
DASANAPURA HOBLI
BANGALORE.
…PETITIONER
(BY SRI. LAKSHMIKANTH K., ADVOCATE)
AND:
1. SMT. HONNAMMA
W/O LATE SIDDAPPA
AGED ABOUT 77 YEARS
2. MR. VASU S
W/O LATE SIDDAPPA
AGED ABOUT 55 YEARS
BOTH ARE RESIDING AT
KODIPALYA VILLAGE
NEAR GOVERNMENT SCHOOL
CHUDENAPURA POST
KENGERI, BANGALORE 560 060.
…RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DATED 29.10.2025 PASSED ON IA NO.1 AND 2 IN O.S.NO.
2004/2025, BY THE PRL. SENIOR CIVIL JUDGE, BENGALURU
Digitally signed
by
DHANALAKSHMI
MURTHY
Location: HIGH
COURTOF
KARNATAKA
- 2 -
NC: 2026:KHC:14890
WP No. 5528 of 2026
HC-KAR
RURAL DISTRICT AT BENGALURU AT ANNEXURE-E,
CONSEQUENTLY, ALLOW THE IA NO.1 AND 2 FILED BY THE
PLAINTIFF/PETITIONER HEREIN AS PRAYED FOR ANE ETC.,
THIS PETITION, COMING ON FOR ORDERS, 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 has called in
question the order dated 29.10.2025 passed by the Prl.
Senior Civil Judge, Bangalore Rural District, Bangalore, on
I.A.Nos.1 and 2 filed under Order XXXIX Rule 1 and 2 of
CPC, in O.S.No.2004/2025, whereby the Trial Court has
refused to grant an exparte order of temporary injunction
to the petitioner-plaintiff.
2. In similar matter in W.P.No.13888/2022 disposed of
on 22.01.2026, this Court following various judgments of
the Hon’ble Supreme Court has held that the writ petition
challenging the order of the Trial Court refusing to grant
an exparte order of temporary injunction on an application
filed under Order XXXIX Rule 1 and 2 of CPC, is not
- 3 -
NC: 2026:KHC:14890
WP No. 5528 of 2026
HC-KAR
maintainable and the petitioner has to file an appeal under
Order 43 Rule 1(r) of CPC.
3. In view of the above, the writ petition is disposed of
granting liberty to the petitioner to take appropriate steps
in accordance with the law.
Sd/-
(H.T. NARENDRA PRASAD)
JUDGE
DM
List No.: 1 Sl No.: 107