- 1 - NC: 2025:KHC:13902 WP No. 6819 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 6819 OF 2025 (GM-CPC) BETWEEN: SRI SUNIL C S S/O N.CHANDRA REDDY AGED ABOUT 45 YEARS RESIDENT OF NO.65 GOVINDASHETTY PALYA NEAR ELECTRONIC CITY HOSUR MAIN ROAD BANGALORE-560100. …PETITIONER (BY SRI. D P MAHESH., ADVOCATE) AND: S N N HOMES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT RAJ LAKE APARTMENTS SNN AGORA, NO.3761 29TH MAIN B.T.M. 2ND STAGE N.S. PALYA MAIN ROAD BENGALURU-560076 REPRESENTED BY ITS PARTNER MR.SHAH SANJAY. …RESPONDENT (BY SRI.SHARANAYYA H S., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 01.03.2025 PASSED IN M.A. 35/2025 BY THE LEARNED VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC BANGALORE RURAL DISTRICT VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:13902 WP No. 6819 of 2025 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 petitioner-defendant challenging the order dated 01.03.2025 passed by the VII Addl. Senior Civil Judge and JMFC, Bengaluru Rural, in M.A.No.35/2025, whereby the First Appellate Court has allowed the application filed by the plaintiff under Order 39 Rules 1 and 2 of CPC and granted an exparate order of temporary injunction. 2. The plaintiff filed O.S.No.202/2025 for relief of injunction. Along with the plaint, the plaintiff 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 14.02.2025 has issued suit summons and emergent notice on I.A.No.1 to the defendant, but refused to grant an exparte order of temporary injunction. Being aggrieved by the said order, the plaintiff filed M.A.No.35/2025 before the VII Addl. Senior Civil Judge and JMFC, Bengaluru - 3 - NC: 2025:KHC:13902 WP No. 6819 of 2025 Rural. The First Appellate Court, by impugned order dated 01.03.2025 has allowed the application filed by the plaintiff and granted an exparte order of temporary injunction. Being aggrieved, the petitioner-defendant is before this Court. 3. The order dated 14.02.2025 passed by the Trial Court in O.S.No.202/2025 is appended as Annexure-D to the writ petition. On perusal of the order, it is very clear that the Trial Court has not passed any final order on the application filed by the plaintiff under Order 39 Rules 1 and 2 of CPC. The Trial Court has only issued suit summons and emergent notice on I.A.No.1. 4. The Trial Court has passed the order issuing notice to the defendant. Refusal of granting injunction order by the Trial Court by not hearing both sides, is not an adjudicatory order. Therefore, challenging the said order of the Trial Court, the appeal filed by the plaintiff before the First Appellate Court is not maintainable and - 4 - NC: 2025:KHC:13902 WP No. 6819 of 2025 consequently, the impugned order passed by the First Appellate Court is without jurisdiction. 5. At this stage, the learned counsel for the respondent- plaintiff submits that appeal filed before the First Appellate Court may be dismissed and Trial Court may be directed to dispose of the I.A.No.1 as expeditiously as possible. 6. In that view of the matter, the following order is passed: ORDER a) The writ petition is allowed. b) The order dated 01.03.2025 passed by the VII Addl. Senior Civil Judge and JMFC, Bengaluru Rural, in M.A.No.35/2025 is set aside. M.A.No.35/2025 is rejected. c) The plaintiff is at liberty to prepone the matter before the Trial Court. - 5 - NC: 2025:KHC:13902 WP No. 6819 of 2025 d) The parties without taking further adjournments shall argue the matter on the application on the date fixed by the Trial Court. e) After hearing the parties, the Trial Court is directed to dispose of I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC in accordance with law, on or before 17.04.2025, without being influenced by any observations made by the First Appellate Court in the impugned order or by this Court in this order. f) Both the parties are directed to maintain status-quo in respect of the suit schedule property, till the disposal of the application. All pending I.As., if any, in this writ petition is disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM LIST NO.: 1 SL NO.: 51