SMT. LOKADEVI v. SMT. HONAMMA ALIAS HANNAMMA

SMT. LOKADEVI W/O SRI. NAGARAJ AGED ABOUT 51 YEARS R/A MANGANAHALLI VILLAGE SOOLIKERE POST YESHWANTHPUR HOBLI BENGALURU-560060. (BY SRI. NISHANTH A.V. ADV.,) AND:

SMT. HONAMMA ALIAS HANNAMMA W/O LATE NARASIMHAIAH @ CHIKKANARASIMHAIAH @ VENKATANARASIMHAIAH AGED ABOUT 57 YEARS.

SRI. MANJUNATH .V S/O LATE NARASIMHAIAH @ CHIKKANARASIMHAIAH @ VENKATANARASIMHAIAH AGED ABOUT 39 YEARS.

SMT. LAKSHMIDEVI D/O LATE NARASIMHAIAH @ CHIKKANARASIMHAIAH @ VENKATANARASIMHAIAH AGED ABOUT 32 YEARS. - 2 - NC: 2026:KHC:22331 W.P. No.19516/2022 HC-KAR ALL ARE R/AT. MANGANAHALLI VILLAGE SOOLIKERE POST YESHWANTHPUR HOBLI BENGALURU-560060.

SRI. MANJUNATH M.V. S/O VENKATARASAPPA AGED ABOUT 39 YEARS R/A MANGANAHALLI VILLAGE SOOLIKERE POST YESHWANTHPUR HOBLI BENGALURU-560060. …RESPONDENTS (R1 TO R4 SERVED AND UNREPRESENTED) - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD.4.7.2022 PASSED BY THE 1ST ADDITIONAL SR. CIVIL JUDGE BENGALURU RURAL IN O.S.NO.1425/2022 ON IA NO.1 AND 2 INSOFAR AS IT PERTAINS TO NON-GRANTING OF EX- PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENT VIDE ANNEXURE-Q. ALLOW THE APPLICATION BEARING IA NO.1 AND IA NO.2 DTD.30.6.2022 FILED BY THE PETITIONER IN O.S.NO.1425/2022 1ST ADDITIONAL SR CIVIL JUDGE BENGALURU RURAL VIDE ANNEXURE-B AND C AND THEREBY GRANT AN EX-PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENTS TO RESTRAIN THE RESPONDENTS TO HIS AGENTS OR ANY PERSONS CLAIMING UNDER OR THROUGH HIM FROM ALIENATING OR ENCUMBERING OR CREATING ANY CHARGE OF WHATSOEVER NATURE OF THE SCHEDULE PROPERTY AND TO RESTRAIN THE RESPONDENT FROM CHANGING THE NATURE OF THE SCHEDULE PROPERTY PENDING DISPSOAL OF THE PRESENT SUIT BEARING O.S.NO.1425/2022 FILED BEFORE 1ST ADDITIONAL SR CIVIL JUDGE BENGALURU RURAL & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:22331 W.P. No.19516/2022 HC-KAR CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This writ petition is filed challenging the order dated

04.07.2022 passed I.A.Nos.1 2 O.S.No.1424/2022 by the I Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru.

2. Though notice is served on the respondents, there is no representation.

3. Heard the learned counsel for the petitioner.

4. This writ petition is filed being aggrieved by the non-consideration of I.A.No.1 filed by the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (for short, 'the CPC') seeking an ex parte temporary injunction. The Trial Court, under the impugned order dated 04.07.2022 issued emergent notice on I.A.No.1 and the suit summons to the defendants. It is to be noticed that the petitioner has filed a suit for specific performance - 4 - NC: 2026:KHC:22331 W.P. No.19516/2022 HC-KAR of the agreement of sale dated 17.12.2016 and for other consequential reliefs. In the said suit, an application under Order XXXIX Rule 1 and 2 of the CPC, came to be filed and the plaintiff sought for the consideration of said application ex parte. However, the Trial Court declined to grant ex parte temporary injunction. In the meanwhile, the petitioner has filed the present petition. This Court, on

28.09.2022 has passed the following order: "Issue notice to the respondents. Till the next date of hearing, the respondents are restrained from alienating in any portion of the suit schedule property List on 19.10.2022."

It is to be noticed that the said order is in force till this day and the respondents have not appeared. In my considered view, interest of justice would be met if the aforesaid interim order granted by this Court remains in force till the Trial Court considers the petitioner's application in I.A.No.1 filed under Order XXXIX Rule 1 and 2 of the CPC. - 5 - NC: 2026:KHC:22331 W.P. No.19516/2022 HC-KAR