- 1 - NC: 2025:KHC:17003 WP No. 11768 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 11768 OF 2025 (GM-CPC) BETWEEN: SHRI ZIAULLA SHERIFF S/O LATE MR. ABDUL GAFFAR SHERIFF AGED ABOUT 85 YEARS R/AT AL-BARKA, GOLDEN ENCLAVE OLD AIRPORT ROAD BENGALURU 560 017 . …PETITIONER (BY SRI. MANU P KULKARNI, ADVOCATE FOR SRI. S S POOVAYYA., ADVOCATE) AND: 1. M/S TULIP ENTERPRISES A PARTNERSHIP FIRM REGISTERED UNDER THE PROVISIONS OF INDIAN PARTNERSHIP ACT 1932 HAVING ITS PRINCIPAL PLACE OF BUSINESS AT NO. 100/1, CITY CENTRE JC ROAD, BENGALURU-560 002 REPRESENTED BY ITS PARTNER. 2. SHRI. NOOR AHMED SHERIFF S/O ABDUL GAFFAR SHERIFF AGED ABOUT 79 YEARS R/AT NO. 15/2 PRIMROSE ROAD BENGALURU -560 025. 3. SHRI. ZAHOOR AHMED SHERIFF AGED ABOUT 79 YEARS S/O ABDUL GAFFAR SHERIFF R/AT 15/2, PRIMROSE ROAD BENGALURU - 560 025. …RESPONDENTS (BY SRI. K L VISHWANATH, SENIOR COUNSEL FOR SRI. SOURABH R KRURUBARAHALLI., ADVOCATE C/R1) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - NC: 2025:KHC:17003 WP No. 11768 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 09.04.2025 PASSED BY THE CIVIL JUDGE AND JMFC, KRISHNARAJAPURA, BENGALURU RURAL ON I.A.NO. 1/2025 IN O.S NO. 379/2025 VIDE (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 writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.1, challenging the order dated 09.04.2025 passed by the Civil Judge and JMFC, Krishnarajapura in O.S.No.379/2025, whereby the trial Court has granted ex- parte temporary injunction order. 2. The plaintiff has filed the suit for bare injunction. Along with the plaint, I.A.No.I has been filed under Order XXXIX Rules 1 and 2 of the CPC, seeking an ex-parte ad- interim temporary injunction against the defendants. The trial Court, after hearing the plaintiff, granted an ex-parte temporary injunction on 09.04.2025 and issued summons to the defendants on I.A.No.I. Being aggrieved by the same, the defendants are before this Court. - 3 - NC: 2025:KHC:17003 WP No. 11768 of 2025 3. If the defendants are aggrieved by the ex-parte order of temporary injunction granted in favour of the plaintiff by the Trial Court, they have a remedy for filing application under Order XXXIX Rule 4 of CPC before the Trial Court. Without exhausting the said remedy, the defendants have filed the present petition. 4. In view of the alternate and efficacious remedy available to the defendants to file an application under Order XXXIX Rule 4 of CPC before the Trial Court, the present writ petition can be disposed of. Hence, I pass the following order: ORDER a) The writ petition is disposed of. b) Liberty is reserved to the defendants to file the application under Order XXXIX, Rule 4 of the CPC for vacating the ex-parte injunction order on or before 26.04.2025 and also at liberty to file a memo for preponing the matter after serving notice to the plaintiff. - 4 - NC: 2025:KHC:17003 WP No. 11768 of 2025 c) If the defendants file a memo for preponing the matter, the trial Court is directed to prepone the matter to 28.04.2025. d) The parties are directed to argue on the applications on 28.04.2025. e) If the defendants file the application under Order XXXIX, Rule 4 of the CPC on or before 26.04.2025, the trial Court is directed to pass appropriate orders on the applications filed under Order XXXIX, Rules 1 and 2, and Order XXXIX, Rule 4 of the CPC, in accordance with law, on 02.05.2025. In view of disposal of the main petition, all pending I.As., if any, are disposed of accordingly. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA LIST NO.: 1 SL NO.: 11