- 1 - NC: 2025:KHC:1590 WP No. 33310 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 33310 OF 2024 (GM-CPC) BETWEEN: M/S VINIR ENGINEERING P LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE AT 102-104 BOMMASANDRA INDUSTRIAL AREA ATTIBELE HOBLI, ANEKAL TALUK BENGALURU-560099. REP. BY ITS GENERAL MANAGER FINANCE AND AUTHORIZED SIGNATORY MR. NARASIMHA KERUR …PETITIONER (BY SRI. MAHESH ARKALGUD & SRI. SRIKANTH.,ADVOCATES) AND: M/S OMKAR ENGINEERING AND FABRICATION FIRMS A PARTNERSHIP FIRM HAVING ITS OFFICE AT No.3 86/3, SREE RAMA REDDY BUIDLING OPPOSITE TO L & T, HEBBAGODI ATTIBELE HOBLI, ANEKAL TALUK BENGLAUR-560099. REP BY ITS PARTNERS AND ALSO AT INDUSTRIAL PLOT NOS. 90 AND 91 BOMMASANDRA INDUSTRIAL AREA ATTIBELE HOBLI, ANEKAL, TALUK BENGLAURU-560099. …RESPONDENT (BY SRI.RAJESHWARA P N .,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1590 WP No. 33310 of 2024 IMPUGNED ORDER DATED: 07.11.2024 (ANNEXURE-A) PASSED BY THE HONBLE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ANEKAL IN M.A.NO. 34/2024 BY ISSUING A WRIT OF CERTIORARI OR ANY OTHER ORDER OR WRIT AND CONSEQUENTLY UPHOLD THE ORDER DATED: 24.04.2024 PASSED BY THE HONBLE CIVIL JUDGE ANEKAL ON I.A.NO.2.AT ANNEXURE-G IN OS NO.5/2024 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/plaintiff, challenging the order dated 07.11.2024 passed by the II Additional Senior Civil Judge and JMFC, Anekal in M.A.No.34/2024 filed by the defendant, whereby the First Appellate Court has allowed the said miscellaneous appeal by setting aside the order dated 24.04.2024 passed on I.A.No.II filed by the defendant under Order XXXIX Rule 4 of CPC in O.S.No.5/2024. 2. The petitioner/plaintiff has filed the suit for permanent injunction. Along with the plaint, he has filed I.A.No.I under Order XXXIX Rules 1 and 2 of CPC. The Trial Court has granted an exparte injunction order on - 3 - NC: 2025:KHC:1590 WP No. 33310 of 2024 04.01.2024. After appearance of defendant, I.A.No.II is filed by defendant for vacating the exparte injunction order granted on 04.01.2024. The Trial Court after hearing the parties, by order dated 24.04.2024 has dismissed I.A.No.II and allowed I.A.No.1 restraining the defendant from putting up any further construction on the suit schedule properties or any part thereof or attempting to do any of the above pending, till disposal of the suit. Being aggrieved by the said order passed by the Trial Court, the defendant filed M.A.No.34/2024 challenging the order passed on I.A.No.II and M.A.No.35/2024 challenging the order passed on I.A.No.1, before the II Additional Senior Civil Judge and JMFC, Anekal. The First Appellate Court, by impugned order dated 07.11.2024 has allowed M.A.No.34/2024 and set aside the order passed by the Trial Court on I.A.No.II filed by the defendant under Order 39 Rule 4 of CPC. The First Appellate Court has passed the impugned order in M.A.No.34/2024 on the ground that since the exparte temporary injunction granted by the Trial Court on I.A.No.1 has been confirmed, the question - 4 - NC: 2025:KHC:1590 WP No. 33310 of 2024 of considering I.A.No.II does not arise and the defendant has rightly filed M.A.No.35/2024 challenging the order passed by the Trial Court on I.A.No.1 filed Order 39 Rules 1 and 2 of CPC and the same is pending. However, while passing the order on M.A.No.34/2024, the First Appellate Court has made some observation. Being aggrieved by the same, the petitioner is before this Court. 3. Heard the learned counsel for the parties and perused the writ papers. 4. In view of the above, it is made clear that since temporary injunction granted by the Trial Court on I.A.No.I filed under Order XXXIX Rule 1 and 2 has been confirmed and M.A.No.35/2024 filed by the defendant challenging the order passed by the Trial Court on I.A.No.1 before the First Appellate is pending, the First Appellate Court has rightly held that there is no necessity for considering I.A.No.II filed by the defendant for vacating. However, the First Appellate Court has made some - 5 - NC: 2025:KHC:1590 WP No. 33310 of 2024 observation in the impugned order passed in M.A.No.34/2024. Therefore, it is made clear that the First Appellate Court while deciding M.A.No.35/2024 shall not be influenced by any observation made in M.A.No.34/2024 or any observation made by this Court in this order. 5. Accordingly, the writ petition is disposed of. 6. All pending applications, if any, do not survive for consideration and the same are also disposed of. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 12