- 1 - HC-KAR NC: 2025:KHC:29038 MFA No. 5550 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5550 OF 2025 (CPC) BETWEEN: 1. ASHWIN BHARADWAJ S/O. LATE H.N. SATYANARAYANA, AGED ABOUT 42 YEARS, RESIDING AT NO. 165, 13TH MAIN, 4TH BLOCK, KORAMANGALA, BANGALORE – 560 034. 2. SCIENTECH SERVICES (OPC) PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 2013. HAVING ITS REGISTERED OFFICE AT DOOR NO-202/19, SY. NO. 48, ASSESSMENT NO. 278, UNDER KHATA NO.272, 9, 278 AND 1173, SINGASANDRA VILLAGE, BEGUR, BOMMANAHALLI, SINGASANDRA, BANGALORE, KARNATAKA, INDIA - 560 068 REPRESENTED BY ITS DIRECTOR ASHWIN BHARADWAJ …APPELLANTS (BY SRI.MURALI. A. ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29038 MFA No. 5550 of 2025 AND: 1. S.N.UMA WIFE OF LATE H.N. SATYANARAYANA AGED ABOUT 67 YEARS, RESIDING AT NO.108, 3RD CROSS, 27TH MAIN, 1ST SECTOR, H.S.R. LAYOUT, BANGALORE - 560 102. 2. LAKSHMI DEEPAK MASANAGATTA DAUGHTER OF LATE H.N. SATYANARAYANA AND WIFE OF DEEPAK RAJ MASANAGATTA AGED ABOUT 44 YEARS, RESIDING AT NO. 4005, OMKARA, 9TH A MAIN, 5TH CROSS, H BLOCK, KANAKADASA NAGARA, DATTAGALLI, 3RD STAGE, MYSURU – 570 022 …RESPONDENTS THIS MFA FILED U/O 43 RULE 1(r) OF CPC, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 05.07.2025 PASSED IN OS.NO.4653/2025 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH.11), I.A.1 IS PENDING IN TRIAL COURT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:29038 MFA No. 5550 of 2025 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, but with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. Defendants Nos.1 and 2 in O.S.No.4653/2025 have filed this appeal challenging the order dated 05.07.2025 passed on I.A.No.I in O.S.No.4653/2025 on the file of VI Additional City Civil and Sessions Judge (CCH-11), Bengaluru, thereby, the application filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, seeking an order of temporary injunction, is allowed. 3. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 4. The plaintiffs have filed a suit for permanent injunction. The Trial Court has granted an interim order of - 4 - HC-KAR NC: 2025:KHC:29038 MFA No. 5550 of 2025 ex-parte temporary injunction, this order under challenge in this appeal. 5. This Court has consistently held that against the order of granting an interim order of ex-parte temporary injunction, the defendants shall have to exercise the remedy under Order XXXIX Rule 4 of CPC for vacating an interim order of ex-parte temporary injunction. Therefore, by reserving liberty to appellants/defendants to file an application for vacating the interim order of ex-parte temporary injunction under Order XXXIX Rule 4 read with Section 151 of CPC, the appeal is disposed of. 6. In case an application is filed, the Trial Court shall dispose of the same as expeditiously as possible keeping in mind the time limit framed in CPC. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 35