- 1 - HC-KAR NC: 2025:KHC:36665 WP No. 26064 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26064 OF 2025 (GM-CPC) BETWEEN: 1. THE AUTHORISED OFFICER, M/S. PHOVOEZOLAR ENERGY PRIVATE LIMITED, COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 2013, SY NO. 557/2, D.S.HALLY VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT – 577 502. 2. M/S. PHOVOEZOLAR ENERGY PRIVATE LIMITED, HAVING ITS REGISTERED OFFICE AT: 5TH FLOOR, B-BLOCK, BAGAMANE TECH PARK, LAUREL BUILDING, C.V.RAMAN NAGAR, BENGALURU – 560 093, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. D.V.RAMAKRISHNA. …PETITIONERS (BY SRI. GOUTHAM K. V., ADVOCATE) AND: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36665 WP No. 26064 of 2025 1. SMT. VANARASA USHA KUMARI, WIFE OF REKHANAR BAALA PRASADH, AGED ABOUT 73 YEARS, SENIOR CITIZEN, RESIDING AT NO.181, PRASHANTHI NILAYA, 9TH CROSS, 3RD BLOCK, K.H.B. COLONY, BEHIND HOUSING BOARD OFFICE, IUDP LAYOUT CHITRADURGA TOWN – 577 501. 2. SMT. GEETHA YANE GEETHAMMA, W/O LATE KARIBASAPPA, AGE: MAJOR, 3. SRI. P.K.MURUGESH, S/O LATE KARIBASAPPA, AGE: MAJOR, 4. SRI. P.S.VIRUPAKSHAPPA, S/O LATE PATTANA SHETTY NANDYAPPA, AGE: MAJOR , 5. SRI. P.S.SRISHAILA, S/O LATE PATTANA SHETTY NANDYAPPA, AGE: MAJOR, 6. SRI. P.M.BASAVARAJA, S/O MUNGEPPA, AGE: MAJOR, 7. SRI. P.M.NAGARAJA, S/O MUNGEPPA, AGE: MAJOR, - 3 - HC-KAR NC: 2025:KHC:36665 WP No. 26064 of 2025 RESPONDENT NOS. 2 TO 7 ARE R/AT DODDASIDDAVVANAHALLI VILLAGE, KASABA HOBLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT – 577 502. 8. SRI. DESAI VEERABHADRAPPA, AGE: MAJOR, PROJECT OWNER OF M/S. PHOVOEZOLAR ENERGY PRIVATE LIMITED, ADDRESS AT SY. NO.557/2, D.S.HALLY VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT, PIN CODE – 577 502. 9. SRI. KEMPANNA, AGE: MAJOR, CHIEF MANAGER OF M/S. PHOVOEZOLAR ENERGY PRIVATE LIMITED, ADDRESS AT SY. NO.557/2, D.S.HALLY VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT, PIN CODE – 577 502. 10. SRI. RAGHUNANDAN, AGE: MAJOR, PROJECT DIRECTOR OF M/S.PHOVOEZOLAR ENERGY PRIVATE LIMITED, ADDRESS AT SY. NO.557/2, D.S. HALLY VILLAGE, - 4 - HC-KAR NC: 2025:KHC:36665 WP No. 26064 of 2025 KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT, PIN CODE – 577 502. 11. SRI. SURAJ SENANTHIYAR, AGE: MAJOR, EXECUTIVE MANAGER OF M/S. PHOVOEZOLAR ENERGY PRIVATE LIMITED, ADDRESS AT SY. NO.557/2, D.S.HALLY VILLAGE, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT, PIN CODE – 577 502. …RESPONDENTS (BY SRI M.G.RAGHAVENDRA, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED NON-SPEAKING EX PARTE AD INTERIM ORDER OF TEMPORARY INJUNCTION DATED 14.08.2025 PASSED BY THE HONORABLE III ADDL. CIVIL JUDGE AND JMFC, CHITRADURGA ON IA NO. 1 IN OS NO. 474/2025 (ANNEXURE-P) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:36665 WP No. 26064 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners are before this Court seeking the following prayers: "(a) Quash and Set aside the Impugned non- speaking Ex Parte Ad Interim Order of Temporary Injunction dated 14.08.2025 passed by the Hon'ble III Additional Civil Judge and JMFC, Chitradurga on I.A No.1 in O.S No.474/2025 (Annexure P); (b) Direct the Learned Trial Court to reconsider the application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 afresh, after hearing both parties; (c) to pass such other orders as this Hon'ble Court deems fit to pass in the circumstances of the case in the interest of justice and equity." 2. Heard Sri.Goutham K.V., learned counsel appearing for the petitioners and Sri.M.G.Raghavendra, learned counsel appearing for the respondent No.1 and have perused the material on record. 3. Owing to the circumstance of the concerned Court granting an interim order which was in fact the final relief, had passed the following order: "Heard plaintiff counsel on I.A.No.1 filed U/Order 39 Rule 1 and 2 R/w Sec. 151 of CPC. - 6 - HC-KAR NC: 2025:KHC:36665 WP No. 26064 of 2025 The plaintiff has filed a suit for permanent injunction. Perused the application averments and the documents filed by the plaintiff. The plaintiff has sworn to an affidavit and has sought for an ad interim injunction against the defendant No.7 to 12 restraining the defendants, its agents, servants, security guards or any other persons claiming through on behalf of the defendant No.7 to 12 from interfering with the peaceful possession and enjoyment of the suit schedule 'A' property and causing obstruction to the plaintiff movement over the adjacent Cart road i.e, schedule 'C' property (Gaadi Bandi Jaadu) towards the Eastern side of the suit Schedule 'A' property in any manner other than in due course of law till pending disposal of the suit. The plaintiff has produced documents such as copy of sale deeds, RTC extracts, copy of rough sketch, copy of partition deed, copy of police complaint, copy of acknowledgment, copy of petition given to Tahasildahr, AC and DC, Chitradurga, photos, C.D and EC. The counsel for plaintiff states that the defendant No.7 to 12 are trying to block the cart road and encroach the cart road and disturb the peaceful possession of plaintiff's land. It is seen that it is the suit for bare injunction and the plaintiff has alleged that the defendants No.7 to 12 are trying to interfering with the suit schedule 'A' property and cart road and hence, has sought to allow the said prayer. This court finds that at this stage the plaintiff has made out a prima facie case. It is just and necessary to grant ex parte temporary injunction as prayed for in IA No.1 till next date of hearing. Hence, I proceed to pass the following order: ORDER Issue Ad interim injunction against the defendants No.7 to 12 as prayed for in IA No.1 restraining the defendants, its agents, servants, security guards or any other persons claiming through on behalf of the defendant No.7 to 12 from interfering with the peaceful possession and enjoyment of the suit schedule 'A' property and causing obstruction to the plaintiff movement over the adjacent Cart road i.e, schedule 'C' property (Gaadi Bandi Jaadu) towards the Eastern side of the suit Schedule 'A' property in any manner other than in due course of law until next date of hearing. - 7 - HC-KAR NC: 2025:KHC:36665 WP No. 26064 of 2025 The plaintiff is directed to comply Order 39 Rule 3(a) and Issue suit summons and notice on IA No.1 to the defendants returnable by 06/9/25." 4. Learned counsel for the respondent No.1 submits that the concerned Court be directed to hear both the parties and pass necessary orders on application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, which is pending consideration at the hands of the concerned Court. 5. In the light of the said submission, the concerned Court shall now endeavor to answer the application under Order XXXIX Rules 1 and 2 of CPC within a period of four weeks from the date of receipt of copy of the order. 6. In the light of the interim order subsisting, the same shall continue for a period of four weeks. Ordered accordingly and Writ Petition is disposed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 53 CT:SS