- 1 - NC: 2025:KHC:3331 WP No. 1412 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 1412 OF 2025 (GM-CPC) BETWEEN: MR MALLIKARJUNA V N S/O LATE NANJUNDAPPA AGED ABOUT 70 YEARS RESIDING AT HOROHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BANGALORE RURAL - 562114 …PETITIONER (BY SRI. BHARGAVA D BHAT.,ADVOCATE) AND: MR SHANMUGAM S/O DODDAMUNISHAMAPPA AGED ABOUT 65 YEARS RESIDING AT AMBEDKAR COLONY KASABA HOBLI, HOSAKOTE TALUK BANGALORE RURAL - 562114. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED: 20.12.2024 PASSED IN O.S NO. 469/2024 BY THE PRINCIPAL CIVIL JUDGE AND JMFC Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3331 WP No. 1412 of 2025 BANGALORE RURAL AT HOSKOTE (AS PER ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. This petition under Article 227 of the Constitution of India is filed by the petitioner-defendant challenging the order dated 20.12.2024 passed by the II Addl. Civil Judge and JMFC, Hosakote, Bangalore Rural, in O.S.No.469/2024, whereby the Trial Court has granted an exparte order of temporary injunction. 2. The plaintiff has filed the suit for relief of bare injunction. Along with the plaint, the plaintiff also filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking for an order of temporary injunction. The Trial Court, by order dated 20.12.2024 has granted an exparte order of temporary injunction. 3. The learned counsel for the petitioner-defendant submits that without considering the caveat petition filed - 3 - NC: 2025:KHC:3331 WP No. 1412 of 2025 by the defendant, the Trial Court has erred in passing an exparte order of temporary injunction. 4. Heard the learned counsel for the petitioner. Perused the writ papers. 5. If any exparte injunction order is passed by the Trial Court in favour of the plaintiff, the defendant has a remedy to seek for vacating the said order by filing an application under Order XXXIX Rule 4 of CPC before the Trial Court. 6. Under the circumstances, liberty is reserved to the defendant to file an application before the Trial Court seeking for vacating the exparte injunction order. If such an application is filed by the defendant, the Trial Court is directed to dispose of the same in accordance with law, within thirty days from the date of filing such an application. All the contentions of the parties are kept open. - 4 - NC: 2025:KHC:3331 WP No. 1412 of 2025 7. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM