- 1 - HC-KAR NC: 2025:KHC:37614 WP No. 27495 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27495 OF 2025 (GM-CPC) BETWEEN: 1. SRI. JASRAJ PATEL S/O SRI. ROOPA RAM, AGED ABOUT 60 YEARS, R/A NO. 22/3, M.G.K MURTHY LAYOUT, SAMEERPURA, 2ND CROSS, K.G NAGAR, CHAMARAJAPET, BENGALURU - 560 018 2. SRI. JITENDAR KUMAR, AGED ABOUT 36 YEARS, S/O SRI. JASRAJ PATEL, R/A NO. 22/3, M.G.K MURTHY LAYOUT, SAMEERPURA, 2ND CROSS, K.G NAGAR, CHAMARAJAPET, BENGALURU - 560 018 Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37614 WP No. 27495 of 2025 3. SMT. VIMALA KUMARI M AGED ABOUT 32 YEARS, W/O SRI. JITENDER KUMAR, R/A NO. 22/3, M.G.K MURTHY LAYOUT, SAMEERPURA, 2ND CROSS, K.G NAGAR, CHAMARAJAPET, BENGALURU - 560 018. …PETITIONERS (BY MS. VIDYASHREE K.S, ADVOCATE) AND: SRI. NARAYANLAL PATEL AGED ABOUT 56 YEARS, S/O SRI. ROOPA RAM, R/A NO. 6/11, "SRI ROOP NIWAS", 1ST MAIN ROAD, 9TH CROSS, CHAMARAJAPET, BENGALURU - 560 018 …RESPONDENT (BY SRI. B.J. KRISHNA, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF EX PARTE TEMPORARY INJUNCTION DATED 29.08.2025 GRANTED IN FAVOUR OF THE RESPONDENT VIDE ANNEXURE-A IN O.S. NO. 6129/2025, PENDING ON THE FILE OF THE HONBLE XXII. ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-7) AND ETC., - 3 - HC-KAR NC: 2025:KHC:37614 WP No. 27495 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court seeking the following prayers: a) Issue a writ of certiorari and quash the impugned order of Ex parte temporary injunction dated 29.08.2025 granted in favour of the Respondent vide ANNEXURE - A in O.S.No.6129/2025, pending on the file of the Hon'ble XXII. ADDL. CITY Civil & Sessions Judge, Bengaluru [CCH-7]; b) Pass any other such order as this Hon'ble Court deems fit in the interest of Justice and Equity." 2. Heard Ms. Vidyashree K.S., learned counsel appearing for the petitioners and Shri B.J. Krishna, learned counsel appearing for the respondent. 3. Owing to the prayer of the petitioners, this court on 09.09.2025 had passed the following order: "Heard the learned counsel appearing for the petitioners. Issue emergent notice to the respondent. The petitioners - defendants No.1 to 3 are before this Court calling in question an order of the concerned Court, which grants an ex-parte temporary injunction pending consideration of the application under Order XXXIX Rules 1 and 2 of the CPC. - 4 - HC-KAR NC: 2025:KHC:37614 WP No. 27495 of 2025 The prayer that is sought in the suit, is as follows: "a) Pleased to grant Permanent Injunction by restraining the defendants, their agents, servants, henchmen or anybody claiming on their behalf from interfering with the smooth carrying on the business by the plaintiff in the schedule premises. b) Pleased to award cost of the suit and grant such other relief that this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity." The prayer that is sought in the application, is as follows: APPLICATION UNDER ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF C P C That for the reasons sworn to in the accompanying affidavit, the plaintiff respectfully prays that this Hon'ble Court be pleased to grant an exparte ad-interim Order of Temporary Injunction against the Defendants, restraining them, their agents, servants, henchmen or anybody claiming though them from interfering with the plaintiff's smooth carrying on the business in the schedule premises without any obstruction in the interest of justice and equity." They are verbatim similar. Therefore, prima facie, there is violation of law in as much as the final relief is granted at the interim stage. Be that as it may. Learned counsel appearing for the petitioners submits that pursuant to the partition of the property in the year 1996, the partnership has been acted upon. List the matter on 19.09.2025. Status-quo qua the position, possession, and property be maintained till the next date of hearing. - 5 - HC-KAR NC: 2025:KHC:37614 WP No. 27495 of 2025 The parties to the lis are restrained from interfering with each other way the usage of the shop that was happening prior to the grant of the interim order. " 4. Shri M. R. Rajagopal, learned Senior counsel appearing for the respondent in his usual way makes a fair submission that the suit is not maintainable in the teeth of the subsistence of an arbitration clause and the plaintiff be permitted to file a suit before the appropriate forum and the order granted by the concerned court would be discharged. 5. In the light of the said submission and the admission of the learned counsel appearing for the petitioners that there exists an arbitration clause, the suit is not maintainable. It is open for the respondent to file an appropriate memo before the concerned court for a needful action. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 48/CT: BHK