Abdul Mallick v. Lakshman

Karnataka HC2 Apr 2026WP/16574/2025

Case brief

AI extract

What is this about?

Karnataka High Court writ petition challenging refusal of ex-parte temporary injunction under Order 39 Rules 1 and 2 r/w Section 151 CPC; O.S. No. 3541/2025 bare injunction suit; XXXIX Addl. City Civil and Sessions Judge Bengaluru; writ disposed with direction to trial court to decide temporary injunction application by end of June 2026; interim status quo order to continue until disposal; Articles 226 and 227 Constitution of India; GM-CPC; WP No. 16574 of 2025.

What did the court decide?

Writ petition disposed of; trial court directed to decide IA-II (Order XXXIX Rules 1 and 2 r/w Section 151 CPC) by end of June 2026; interim status quo order dated 16.06.2025 to continue until disposal; liberty reserved to respondent/defendant to file objections ¶¶29

Abdul Mallick Vs Lakshman — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:18121 WP No. 16574 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16574 OF 2025 (GM-CPC)

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BETWEEN:

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ABDUL MALLICK S/O ABDUL MAJID AGED 59 YEARS R/AT NO.451, BUS STAND ROAD KENGERI, BANGALORE-560060. (BY SRI. CHANDRASHEKAR C., ADVOCATE [VC])

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…PETITIONER

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AND:

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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LAKSHMAN S/O LATE THIMMAIAH AGED 50 YEARS R/AT NO.30/36, 7TH CROSS 5^TH MAIN, DASAPPA GARDEN DEVANATHACHAR ROAD, CHAMRAJPET BENGALURU-560018.

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(BY SRI. MANJUNATH C., ADVOCATE)

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED:09-05-2025 (ANNEXURE-A), PASSED ON IA NO.II, UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF C.P.C, IN OS.NO.3541/2025, FILED BY THE PETITIONER/PLAINTIFF AGAINST THE RESPONDENT, ON THE FILE OF THE VACATION BENCH I.E. THE HONBLE XXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU, WHEREIN THE HON’BLE COURT HAS DECLINED TO GRANT AN EX-PARTE ORDER OF TEMPORARY INJUNCTION AND ORDERED TO ISSUE

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2 - NC: 2026:KHC:18121 WP No. 16574 of 2025

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HC-KAR

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NOTICES ON IA-II TO THE RESPONDENT, BY A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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ORAL ORDER

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This writ petition is filed by the plaintiff under Articles 226 and 227 of the Constitution of India, challenging the refusal of ex-parte temporary injunction order by the XXXIX Additional City Civil and Sessions Judge, Bengaluru.

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The parties are referred to as per their ranking before the trial court.

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The plaintiff filed a suit in O.S. No. 3541/2025 for bare injunction. Along with the plaint, he filed an application IA No.II under Order XXXIX Rules 1 and 2 r/w. Section 151 of the Code of Civil Procedure, seeking for a temporary injunction. The trial court refused to grant an ex-parte injunction. Aggrieved by the same, the petitioner has approached this Court.

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3 - NC: 2026:KHC:18121 WP No. 16574 of 2025

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HC-KAR

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This Court, by order dated 16.06.2026, directed the parties to maintain status-quo. The application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC is still pending before the trial court. The defendant has now been served and has also filed a written statement.

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