- 1 - NC: 2025:KHC:3362 WP No. 30728 of 2024 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. 30728 OF 2024 (GM-CPC) BETWEEN: SRI S GANGADHAR, S/O. LATE SIDDALINGAPPA, AGED ABOUT 55 YEARS, R/AT MOHAN MANSION, KONANAKUNTE, KANAKAPURA MAIN ROAD, BANGALORE- 560 062. …PETITIONER (BY SRI PRAVEENA KUMARA NIRVANI, ADVOCATE) AND: SRI M RAVI KUMAR, AGED ABOUT 54 YEARS, R/AT NO 128, SEVANTHIGE RASTHE, KARISHMA HILLS LAYOUT, GUBBALA VILLAGE, BANGALORE -560 061. …RESPONDENT (BY SRI S.V BHAT, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUITON OF INDIA PRAYING TO SET ASIDE / QUASH THE IMPUGNED ORDER DATED 22.10.2024 PLEASE TO PASSED BY THE HONBLE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA ON I.A.NO. 01/2024 IN O.S NO. 765/2024 VIDE ANNEXURE-J AND CONSEQUENTLY, ALLOW THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3362 WP No. 30728 of 2024 CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This petition is filed by defendant challenging the order dated 22.10.2024 passed by the Senior Civil Judge and JMFC, Kanakapura, passed on I.A.No.1 in O.S.No. 765/2024, whereby the ex-parte temporary injunction has been granted. 2. Plaintiff has filed suit for specific performance. Along with the plaint, he has filed I.A.1 under Order 39 Rules 1 and 2 of CPC seeking ex-parte temporary injunction. The trial Court by order dated 22.10.2024 has granted an ex-parte injunction order. Being aggrieved by the same, petitioner is before this Court against the ex-parte temporary injunction granted by the trial Court. 3. Heard the learned counsel for the parties. Perused the writ papers. 4. If any exparte injunction order is passed by the Trial Court in favour of the plaintiff, the defendant has a - 3 - NC: 2025:KHC:3362 WP No. 30728 of 2024 remedy to seek for vacating the said order by filing an application under Order XXXIX Rule 4 of CPC before the Trial Court. 5. 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. 6. With the above observation, the writ petition is disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE VP