- 1 - NC: 2025:KHC:15072 MFA No. 2624 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2624 OF 2025 (CPC) BETWEEN: 1. M/S. VISVESVARAYA JALA NIGAM LIMITED NO.148, EMBASSY SQUARE, INFANTRY ROAD, BENGALURU - 560 001 REPRESENTED BY ITS AUTHORISED SIGNATORY WRONGLY MENTIONED IN TRIAL COURT CAUSE TITLE AS M/S VISVESHWARAYA JALA NIGAM LTD. NO.146, EMBASSY SQUARE, INFANTRY ROAD, BENGALURU 560 001 REP. BY ITS MANAGING DIRECTOR 2. M/S. KARNATAKA NEERAVARI NIGAM LIMITED 4TH FLOOR, COFFEE BOARD BUILDING, NO.1, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS AUTHORISED SIGNATORY WRONGLY MENTIONED IN TRIAL COURT CAUSE TITLE AS M/S KARNATAKA NEERAVARI NIGAMA LTD NO.146, EMBASSY SQUARE, INFANTRY ROAD, BENGALURU 560 001 REPRESENTED BY ITS MANAGING DIRECTOR …APPELLANTS (BY SRI. M.R.C.RAVI, SR. ADVOCATE A/W SRI. PAVAN SRINIVAS, ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15072 MFA No. 2624 of 2025 AND: M/S G. S. HOMES AND HOTELS PVT. LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS DIRECTORS AND AUTHORISED REPS. OF THE BOARD OF DIRECTORS SRI VIKAS B. KUKREJA, NO.148, INFANTRY ROAD, BENGALURU - 560 001. …RESPONDENT (BY SRI. CHIDANANDAYYA.L.M, ADVOCATE) THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.01.04.2025 PASSED ON IA NO.1/2025 IN O.S.NO. 2256/2025 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-14, BENGALURU, ISSUING TEMPORARY ORDER IF THE PLAINTIFF IS COMPLIED WITH THE ORDER. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Heard Sri.M.R.C.Ravi, learned Senior Counsel appearing on behalf of Sri.Pavan Sainivas for the appellants/defendants and Sri.L.M.Chidanandayya, learned Senior Counsel appearing for respondent/plaintiff. 2. The appeal is filed by the defendants questioning the order dated 01.04.2025 passed by the Court of XXXI Addl. City Civil and Sessions Judge, - 3 - NC: 2025:KHC:15072 MFA No. 2624 of 2025 Bengaluru, in O.S.No.2256/2025, thereby, the trial court has granted an exparte order of temporary injunction on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC. 3. The dispute in the suit is substantially on the parking issue in the portion of suit building. The trial court has granted an exparte order of temporary injunction. Considering the reasons given by the trial court for grant of exparte order of temporary injunction, same are not convincing. 4. Liberty is reserved to the appellants/defendants to file an application under Order XXXIX Rule 4 of CPC for vacating the exparte order of temporary injunction within a period of one week and till then the interim order dated 01.04.2025 is stayed. Upon application being filed by the defendants under Order XXXIX Rule 4 of CPC, the trial court is directed to consider the same in accordance with law after hearing both the sides and pass orders as expeditiously as possible. - 4 - NC: 2025:KHC:15072 MFA No. 2624 of 2025 5. All contentions are kept open and till passing orders on I.A.No.1 by the trial court, there shall be stay of the order dated 01.04.2025. Accordingly, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 36