- 1 - HC-KAR NC: 2025:KHC:29457 WP No. 30798 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE JAYANT BANERJI WRIT PETITION NO. 30798 OF 2024 (GM-CPC) BETWEEN: 1. SRI M.K. SATISH CHANDRA SO LATE M. KAPPANNNA AGED ABOUT 67 YEARS 2. SMT.G.N. SUMAN WO SRI.M.K. SATISH CHANDRA AGED ABOUT 62 YEARS BOTH RESIDING AT NO.34, 1ST FLOOR, 2ND MAIN ROAD BEHIND B.T.S BUS DEPO H.B.C.S.LAYOUT, VIJAYANAGAR BENGALRUU NORTH BENGALUR - 560040. …PETITIONERS (BY SRI. ASHOKA.T., ADVOCATE) AND: 1. SRI SATISH AGED ABOUT 40 YEARS RESIDING AT IDAGUR VILLAGE, KASABA HOBLI GOWRIBIDANUR TALUK CHIKKABALLAUPRA DISTRICT -- 561 208. 2. SMT GAYATHRI AGED ABOUT 35 YEARS RESIDING AT IDAGUR VILLAGE Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29457 WP No. 30798 of 2024 KASABA HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT-561 208. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 01/10/2024 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC, GAURIBIDNUR IN OS NO.494/2024 ON I.A.NO.1 INSOFAR AS IT PERTAINS TO NON-GRANTING OF EX-PARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENT VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI ORAL ORDER Under challenge in the instant petition is an order dated 01.10.2024 passed by the Additional Civil Judge and JMFC, Gauribidanur in O.S.No.494/2024 on I.A.No.1 by which an ad interim ex-parte temporary injunction was refused. 2. I have perused the impugned order, in which it is stated that it is premature to grant temporary injunction in favour of the plaintiffs without hearing the other side. Emergent notice on I.A.No.1 and suit summons to the defendants were issued by the same order. - 3 - HC-KAR NC: 2025:KHC:29457 WP No. 30798 of 2024 3. The contention of the learned counsel for the petitioners is that the suit was one for restraining the defendants from erecting barbed wire fence by encroaching upon the land of the petitioners. 4. Be that as it may, I find no error in the order impugned so as to merit interference. However, in case notices are duly served on all the defendants, the Trial Court may consider the application-I.A.1 expeditiously. With the aforesaid observations, this petition is disposed of. Sd/- (JAYANT BANERJI) JUDGE VM List No.: 1 Sl No.: 4