- 1 - NC: 2025:KHC:7819 WP No. 5207 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 5207 OF 2025 (GM-CPC) BETWEEN: 1. M/S SKC PRO VENTURES A REGISTERED PARTNERSHIP FIRM NO.1, 4TH MAIN, NEHRU CIRCLE SHESHADRIPURAM BENGALURU - 560020 REP BY ITS MANAGING PARTNER KAILASH D DUBAL. 2. M/S PUSHPAM REALTY A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER PARTNERSHIP ACT 1932 NO.191, 1ST CROSS, 1ST BLOCK JAYANAGAR EAST, BYRASANDRA BANGALORE - 560011 REP BY ITS MANAGING PARTNER MRS. VEENA R S. …PETITIONERS (BY SRI. ANISH ACHARYA.,ADVOCATE) AND: 1. CHANNA KESHAVA REDDY @ KESHAVA REDDY S/O LATE MUNISWAMY REDDY AGED ABOUT 88 YEARS 2. VENAKTESH REDDY S/O CHANNAKESHAVA REDDY @ KESHAVA REDDY Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7819 WP No. 5207 of 2025 AGED ABOUT 58 YEARS BOTH ARE R/AT BIDARAGUPPE VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT - 560 002. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AD INTERIM EXPARTE INTERIM ORDER PASSED BY THE COURT OF CIVIL JUDGE AND JMFC ANEKAL IN OS NO. 801/2024 DATED: 8.11.2024 VIDE ANNEXURE-A IN IA NO. 1/2024 FILD UNDER ORDER 39 RULE 1 & 2 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 writ petition under Article 227 of the Constitution of India is filed by the petitioners-defendants challenging the exparte order of temporary injunction dated 08.11.2024 granted by the Trial Court on an application filed by the plaintiffs under Order 39 Rules 1 and 2 of CPC in O.S.No.801/2024. 2. The plaintiffs filed the suit for injunction. Along with the plaint, the plaintiffs also filed an application under Order 39 Rules 1 and 2 of CPC. The Trial Court, by impugned order has granted an exparte order of - 3 - NC: 2025:KHC:7819 WP No. 5207 of 2025 temporary injunction. Being aggrieved by the same, the present petition is filed by the defendants. 3. If the defendants are aggrieved by the exparte order of temporary injunction granted by the Trial Court, they have a remedy of application under Order 39 Rule 4 of CPC before the Trial Court. Without exhausting the said remedy, the defendants have filed the present petition. 4. In view of alternate and efficacious remedy available to the defendants to file an application under Order 39 Rule 4 of CPC before the Trial Court, the present writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 4