Case brief
What is this about?
High Court of Karnataka (NC: 2026:KHC:14891), H.T. Narendra Prasad, J., WP No. 5310 of 2026 (GM-CPC), decided 12.03.2026. Challenge under Article 227 to order dated 29.10.2025 of the Prl. Senior Civil Judge, Bangalore Rural District, on I.A.Nos.1 and 2 in O.S.No.2005/2025 refusing ex parte temporary injunction under Order XXXIX Rule 1 and 2 CPC. Held, following W.P.No.13888/2022, such a writ petition is not maintainable; remedy is appeal under Order 43 Rule 1(r) CPC. Writ petition disposed of with liberty to take appropriate steps in accordance with law.
What did the court decide?
Liberty granted to the petitioner to take appropriate steps in accordance with the law (i.e., to pursue the statutory appeal remedy under Order 43 Rule 1(r) CPC); the prayer to set aside the order dated 29.10.2025 and allow I.A.Nos.1 and 2 was not granted on merits.