Karnataka High Court
Administrative and Public LawCivil Procedure and Evidence

Interim restraint against alienation continues until the trial court decides pending injunction applications.

SMT. PADMA vs SRI. SRINIVAS N

Karnataka High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
Interim restraint against alienation continues until the trial court decides pending injunction applications.. SMT. PADMA vs SRI. SRINIVAS N. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners challenged the trial court’s order dated 21 February 2026 in O.S. No. 1207/2026, which issued notice on their applications under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (CPC) but declined to grant an ex parte ad-interim injunction restraining defendant Nos. 20 and 21 from alienating or creating third-party rights in the suit property

Source reference: p. 6

On 3 March 2026, the High Court directed those respondents not to alienate or encumber the property until the next hearing.

Source reference: p. 6

The respondents’ counsel informed the High Court that the trial court had not considered the applications while the writ petition was pending.

Source reference: p. 6
02

Issues

1. Whether the High Court should grant the injunction sought in the writ petition or otherwise intervene while the applications for temporary injunction remained pending before the trial court

Source reference: p. 6

2. Whether the trial court should be directed to decide the pending applications within a specified time, with the High Court’s interim protection continuing in the meantime

Source reference: pp. 6–7
03

Law Applied

Article 227 of the Constitution of India confers supervisory jurisdiction over subordinate courts.

Source reference: pp. 6–7

Order XXXIX Rules 1 and 2 CPC govern applications for temporary injunctions.

Source reference: pp. 6–7

The High Court did not determine the merits of the injunction applications or state a substantive test for granting relief; it directed the trial court to decide the pending applications and continued its existing interim direction until that decision

Source reference: pp. 6–7
04

Reasoning

Because the trial court had not considered I.A. Nos. 1 and 2 during the pendency of the writ petition, the High Court considered it sufficient to preserve the existing protection and have the trial court decide the applications promptly.

Source reference: pp. 6–7

It therefore left the injunction question to the trial court rather than adjudicating the merits in the writ proceedings

Source reference: pp. 6–7
05

Holding

The writ petition was disposed of.

The trial court was directed to dispose of I.A. Nos. 1 and 2 within one month; counsel for respondent Nos. 20 and 21 was permitted to place the order before the trial court and, if necessary, seek advancement of the case.

Source reference: p. 7

The High Court’s interim direction of 3 March 2026 was to remain in force until disposal of those applications

Source reference: p. 7
Karnataka High Court

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SMT. PADMAvsSRI. SRINIVAS N

Karnataka High Court · October 06, 2026

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