Authority: High Court of Karnataka at Bengaluru
Order Date: 18 August 2026
Case Overview
- Parties: Appellants Sri B. Rajappa and Sri M.B. Nataraj vs. Respondent Nolamba Lingayatha Sangha (Regd.) and its President Sri B.K. Chandrashekhar and Election Officer.
- Nature of Proceeding: Miscellaneous First Appeal (No. 5802 of 2026) challenging a trial court order dated 05.08.2026 that issued an emergent notice and suit summons to the defendants before hearing IA No. 1, an application for a temporary injunction under Order XXXIX Rule 1 & 2 of the CPC.
- Background: The appellants filed suit (OS No. 5695/2026) seeking declaration that the resolution dated 29.03.2026 passed by the Executive Committee of the respondent society, which sought to remove/disqualify the plaintiffs from membership, is invalid. They also sought an interim injunction to restrain the respondents from denying their right to vote and to permit them to cast votes in the society’s election for the term 2026‑2031. The trial court, before deciding the IA, ordered issuance of an emergent notice and summons, which the appellants contested.
Final Outcome
- The High Court dismissed the appeal as not maintainable, observing that the IA No. 1 remains pending and no order granting or denying an injunction has been passed; therefore, Order XLIII Rule 1 does not apply.
- The Court directed the trial court to decide the IA No. 1 on or before 19.08.2026 and to pass suitable orders in accordance with law.
- No opinion was expressed on the merits of the underlying dispute; the trial court retains liberty to pass appropriate relief.
Topics: Civil Procedure, Interim Injunction, Appeal Maintainability