- 1 - HC-KAR NC: 2025:KHC:33121 WP No. 22204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 22204 OF 2025 (GM-CPC) BETWEEN: 1. M/S KALASA ESTATE A PARTNERSHIP FIRM HAVING ITS OFFICE AT KALA ESTATE, KALASA TALUK CHIKKAMAGALUR DISTRICT, REPRESENTED BY ITS PARTNERS MR. ALAGHU VAIARAM, MR.S SIVASUBRAMANIYAM 2. MR. ALAGHU VAIRAM SON OF S.O.S SOCKALINGAM, AGED ABOUT 31 YEARS, RESIDING AT NO. S 13, 2ND FLOOR, THE AFFAIRS, PLOT NO. 9, SECTOR - 17, PALM BEACH, SANPADA, NAVI MUMBAI - 400 705 3. MR. S SIVASUBRAMANIYAM, SON OF S.O.S SOCKALINGAM, AGED ABOUT 31 YEARS, RESIDING AT NO. S 13, 2ND FLOOR, THE AFFAIRS, PLOT NO. 9, SECTOR - 17, PALM BEACH, SANPADA, NAVI MUMBAI - 400 705 &PETITIONERS (BY SRI. VACHAN H U.,ADVOCATE) AND: 1. MR MOHAMMED HARRIS SON OF MOHAMMED SADIQ SIDDIQ, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33121 WP No. 22204 of 2025 AGED ABOUT 55 YEARS, RESIDING AT ROYAL BENS WOOD, NO. 90, NAGENAHALLI CROSS, BUS STOP, KANNUR POST, BAGALUR, BENGALURU 562 149 2. M/S ASSA REAL ESTATE PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 REPRESENTED BY ITS DIRECTOR, MR. SUNDAR, AGED ABOUT 52 YEARS, RESIDING AT NO. 18, 1ST FLOOR, 7TH MAIN ROAD, HRBR LAYOUT, KALYANANAGARA, BANGALORE 3 560043 3. M/S CARDIER FOODS AND BEVERAGES PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 REPRESENTED BY MR. PURUSHOTTAM YEWALE (CFO) OFFICE AT NO. 216, DBS HERITAGE HOUSE, PRESCOTT ROAD, FORT, MUMBAI-400 001 4. MR. SRINIVASAN RAMACHANDRAN SON OF RAMACHANDRAN, AGED ABOUT 63 YEARS, RESIDING AT NO. 7/10, DHANALAKSHMI NAGAR, SN PALYAM, COMBATORE-641 031 5. THE MANAGING DIRECTOR SANCTUM TRADING CORPORATION, CORPORATE OFFICE AT NO. 240, DR. D.N. ROAD, FORT, MUMBAI - 400 001. 6. KAPIL RESORTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 OFFICE AT 15TH FLOOR, KAPIL TOWERS, NANAKRAMGUDA, HYDERABAD, TELANGANA, INDIA - 500 018. REPRESENTED BY ITS DIRECTOR S.O.S.SOCKALINGAM - 3 - HC-KAR NC: 2025:KHC:33121 WP No. 22204 of 2025 7. MR. VAMAN RAO KASUGANTI DIRECTOR OF KALASA COFFEE AND SPICES PVT LTD, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 OFFICE AT 15TH FLOOR, KAPIL TOWERS, GACHIBOWLI, KV RANGAREDDY, SERI LINGAMPALLY, TELANGANA, INDIA 500 032. 8. SARVANGA SUNDARI LLP A LIMITED LIABILITY PARTNERSHIP ACT, 2008 OFFICE AT S NO. 144. NANAKRAMGUDA, GACHIBOWLI SERI LINGAMPALLAY, HYDERABAD, TELANGANA - 560 032 REPRESENTED BY ITS PARTNER SIVASUBRAMANIYAM &RESPONDENTS (BY SRI. ALLAH BAKASH.M., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO HEAR THE MATTER ON 07.08.2025 AND PASS ORDER ON IA NO. VI FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908, FOR VACATING THE EX-PARTE AD INTERIM ORDER OF TEMPORARY INJUNCTION DATED 18.03.2025 IN OS NO.11 OF 2025 (ANNEXURE - G) AND PASS SUCH OTHER ORDERS / OR DIRECTIONS AS THIS HON'BLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 4 - HC-KAR NC: 2025:KHC:33121 WP No. 22204 of 2025 ORAL ORDER The petitioner is before this Court seeking for the following prayer: "The petitioners prays that this Hon'ble Court be pleased, in the interest of justice and equity, to direct the Trial Court to hear the matter on 07.08.2025 and pass order on IA.No.VI filed by the petitioners under order XXXIX Rule 4 of the Code of Civil Procedure, 1908 for vacating the ex-parte ad interim order of temporary injunction dated 18.03.2025 in O.S.No.11/2025 (Annexure-G_ and pass such other orders/or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 2. Learned counsel for the petitioner submits that an application under Order XXXIX Rule 4 of CPC seeking vacation of the interim injunction is being heard before the concerned Court. 3. In that light, leaving open the petitioner to avail of such remedy as available in law, the petition stands disposed of. 4. It is needless to observe that the concerned Court would hear and dispose of the application as expeditiously as possible at any date within 4 weeks from the date of receipt of copy of this order. - 5 - HC-KAR NC: 2025:KHC:33121 WP No. 22204 of 2025 Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE KTY List No.: 1 Sl No.: 73