- 1 - HC-KAR NC: 2025:KHC:42444 WP No. 31970 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.31970 OF 2025 (GM-CPC) BETWEEN: 1. SMT.RAMADEVI P W/O P.V. UPADYA AGED ABOUT 85 YEARS 2. SHRI P.V. UPADYA AGED ABOUT 86 YEARS BOTH ARE R/AT M-88, 9TH B MAIN SECTOR-11, JEEVAN BHIMA NAGAR HAL 3RD STAGE BENGALURU - 560 075 … PETITIONERS (BY SRI. MAHESH ARKALGUD SRIKANTH.,ADVOCATE) AND: MR SURESH VISHWANTHAN AGED ABOUT 45 YEARS R/AT, NO.165/C, GAYATRI HBCS LAYOUT 11TH CROSS, 3RD STAGE BASAVESHVARA NAGAR BENGALURU - 560 079 …RESPONDENT THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD. 18.10.2025 PASSED BY THE LEARNED HONBLE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH.14) IN O.S.NO. 7367/2025 (ANNX-B) IS SO FAR AS IT PERTAINS TO NON-GRANT OF THE EX-PARTE AD INTERIM ORDER. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42444 WP No. 31970 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioners. 2. This Court does not find any need to issue notice to the respondent. 3. The petitioners are plaintiffs in O.S. No.7367/2025 pending before the XXXI Addl. City Civil & Sessions Judge, Bengaluru. They filed a suit for the relief of Permanent Injunction restraining the respondent/defendant, his agents, servants, or any persons claiming through or under him from interfering with their peaceful possession and enjoyment of the suit schedule property and also for a direction to the defendant not to take any steps to dispossess or disturb the plaintiffs from the suit schedule property without following the due process of law. - 3 - HC-KAR NC: 2025:KHC:42444 WP No. 31970 of 2025 4. Alongwith the plaint, the plaintiffs have filed I.A. No.1 under Order XXXIX Rules 1 & 2 of CPC for an ad- interim exparte order of Temporary Injunction restraining the respondent/defendant from forcibly evicting, disturbing or dispossessing them from the suit schedule property, except in accordance with law. 5. The said application filed by the petitioners/plaintiffs was not favoured by the trial Court. The trial Court disbelieved the statement of the plaintiffs with regard they being the tenants in the suit schedule property on a monthly rent of Rs.27,750/- and has come to the conclusion that there is no prima facie case to grant exparte order of temporary injunction in their favour and issued suit summons and emergent notice on I.A. No.1 to the respondent/defendant vide order dated 18.10.2025. Hence, the petitioners/plaintiffs are before this Court in the present petition. 6. Learned counsel for petitioners/plaintiffs reiterating the averments made in the memorandum of - 4 - HC-KAR NC: 2025:KHC:42444 WP No. 31970 of 2025 petition contends that the petitioners/plaintiffs are in lawful possession and enjoyment of the suit schedule property as tenants under the respondent/defendant and since the plaintiffs apprehended that the respondent/defendant may dispossess them without following the due process of loss, filed the suit for the relief of Permanent Injunction and consequential reliefs. Learned counsel further contends that the trial Court erred in not granting an exparte ad-interim order of Temporary Injunction by observing that no document has been produced to show payment of rent in respect of suit schedule property. Learned counsel brought to the notice of the Court the bank statements of last three months as per Annexure-A(i), which clearly evidence regular payment of monthly rent to the respondent. Therefore, learned counsel seeks to allow the petition. 7. I have given my thoughtful consideration to the arguments advanced by learned counsel for petitioner and perused the records. - 5 - HC-KAR NC: 2025:KHC:42444 WP No. 31970 of 2025 8. On careful perusal of the affidavit accompanying the application filed for Temporary Injunction, it is seen that the plaintiffs are in peaceful possession and enjoyment of the suit schedule property as tenants, which they admitted in the plaint. In the present case, the petitioners have established a strong prima case through bank statements evidencing regular payment of rent. The bank statement at Annexure-A(i) clearly shows rent in a sum of Rs.27,750/- having been paid on 11.8.2025, 10.9.2025 and 11.10.2025. The bank statement coupled with other material on record prima facie sufficient for the trial court to grant the exparte order of Temporary Injunction. The trial Court is duty bound to pass an order based on the materials placed before the Court when the danger is apprehended by the plaintiffs. When there is a threat of dispossession by not following the due process of law by the mighty or high handed defendant, it becomes duty and obligation on the part of the trial Court to consider and pass orders expeditiously on the application - 6 - HC-KAR NC: 2025:KHC:42444 WP No. 31970 of 2025 for Temporary Injunction. In the present case, no such endeavour is made except issuance of the notice. 9. The three ingredients to be seen by the Court while considering the application for Temporary Injunction under Order XXXIX Rules 1 & 2 of CPC are prima facie case; balance of convenience; and hardship that would be caused to the aggrieved party. 10. Having regard to the averments made in the petition and submissions of learned counsel for petitioners and in particular, petitioners’ payment of rent and continued possession over the suit schedule property clearly establish a prima facie case and balance of convenience tilts in their favour and so also more hardship and inconvenience would be caused to the petitioners rather than respondent/ defendant, if the exparte interim order is not granted to the petitioners/plaintiffs at this stage. - 7 - HC-KAR NC: 2025:KHC:42444 WP No. 31970 of 2025 11. Under the circumstances, this Court deems it appropriate to pass the following: O R D E R i) The petition is allowed. ii) The impugned order dated 18.10.2025 passed by the learned XXXI Addl. City Civil & Sessions Judge, Bengaluru in O.S. No.7367/2025 so far as it pertains to non-grant of the exparte ad interim order of Temporary Injunction, is hereby set aside. iii) There shall be an Ad-interim exparte order of Temporary Injunction restraining the respondent/ defendant, his agents, representatives, servants, legal heirs, assigns, or any person acting through him, from forcibly evicting, disturbing, or dispossessing the petitioners/plaintiffs from the suit schedule property, till the next date of hearing before the trial Court. - 8 - HC-KAR NC: 2025:KHC:42444 WP No. 31970 of 2025 iv) Petitioners shall comply the provisions of Order- XXXIX Rule-3 of the Code of Civil Procedure. v) It is made clear that this Court has not expressed any opinion on merits of the matter. vi) The trial Court shall hear the respondent/defendant upon his appearance and consider all the materials including any such material to be produced by the respondent/defendant and pass suitable orders on the application filed under Order XXXIX Rules 1 & 2 of CPC, on merits without being influenced by opinion expressed by this Court in the present petition. vii) Order passed herein is soley for the purpose of grant of ad-interim exparte order. Sd/- (PRADEEP SINGH YERUR) JUDGE GSS List No.: 1 Sl No.: 42