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High Court of Karnataka · body

2025 DAILYLAW 81254 (KAR)

SRI SANJAY NAGARKAR N v. SRI SANTHOSH H

WP/18637/2025 · 2025-07-10

M Nagaprasanna

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25570 WP No. 18637 of 2025 C/W WP No. 17895 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18637 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 17895 OF 2025 (GM-CPC) IN WP No. 18637/2025 BETWEEN: 1. SRI. SANJAY NAGARKAR N, S/O N.H. NARASIMHAMURTHY, AGED 41 YEARS, 2. SMT. SHAMALA B.G, W/O SANJAY NAGARKAR, AGED 41 YEARS, BOTH ARE RESIDING AT NO.102, G.F., JJ APARTMENTS, 1306/34, 2ND CROSS, 24TH MAIN, KHB COLONY, BASAVAESHWARANAGARA, BENGALURU - 560 079. …PETITIONERS (BY SRI. MALLIKARJUNA R.M, ADVOCATE) AND: 1. SRI SANTHOSH H S/O LATE T.P. HANUMANTHAIAH AGED ABOUT 47 YEARS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25570 WP No. 18637 of 2025 C/W WP No. 17895 of 2025 2. SMT. NAGARATHNA R W/O SANTHOSH H AGED ABOUT 44 YEARS, BOTH ARE RESIDING AT NO.302, 2ND FLOOR, JJ APARTMENTS, 1306/34, 2ND CROSS, 24TH MAIN, KHB COLONY, BASAVESHWARANAGAR, BENGALURU - 560 079. …RESPONDENTS (BY SRI. ANAND R.V, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND THEREBY SET ASIDE THE AD-INTERIM EX-PARTE TEMPORARY INJUNCTION ORDER DATED 20.06.2025 PASSED ON IA NO.1 AND 2 FILED UNDER ORDER 39 RULE 1 AND 2 CPC IN O.S. NO.4321/2025 PENDING ON THE FILE OF VII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-19) BENGALURU, VIDE ANNEXURE-A AND PASS SUITABLE ORDERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., IN WP NO. 17895/2025 BETWEEN: 1. SRI. SANJAY NAGARKAR N, S/O N.H. NARASIMHAMURTHY, AGED 41 YEARS, 2. SMT. SHAMALA B.G, W/O SANJAY NAGARKAR, AGED 41 YEARS, BOTH ARE RESIDING AT NO.102, G.F., JJ APARTMENTS, 1306/34, 2ND CROSS, - 3 - HC-KAR NC: 2025:KHC:25570 WP No. 18637 of 2025 C/W WP No. 17895 of 2025 24TH MAIN, KHB COLONY, BASAVAESHWARANAGARA, BENGALURU - 560 079. ...PETITIONERS (BY SRI. MALLIKARJUNA R.M, ADVOCATE) AND: 1. SRI. T. S. RAGHAVENDRA GUPTA, S/O LATE T.L. SURAPPA SETTY, AGED ABOUT 44 YEARS, 2. SMT. NAMRATHA T.R, W/O T.S. RAGHAVENDRA GUPTA, AGED ABOUT 41 YEARS, BOTH ARE RESIDING AT NO.202, IST FLOOR, J J APARTMENTS, 1306/34, 2ND CROSS, 24TH MAIN, KHB COLONY, BASAVESHWARNAGAR, BENGALURU - 560 079. ...RESPONDENTS (BY SRI. ANAND R.V, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OOF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND THEREBY SET ASIDE THE AD-INTERIM EX-PARTE TEMPORARY INJUNCTION ORDER DATED 06.06 2025 PASSED ON IA NO.1 AND 2 FILED UNDER ORDER 39 RULE 1 AND 2 CPC IN O.S NO.3959/2025 PENDING ON THE FILE OF VII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-19) BENGALURU, VIDE ANNEXURE -A AND PASS SUITABLE ORDERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., - 4 - HC-KAR NC: 2025:KHC:25570 WP No. 18637 of 2025 C/W WP No. 17895 of 2025 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Shri Mallikarjuna R.M., learned counsel appearing for the petitioners and Shri Anand R.V., learned counsel appearing for the respondents. 2. The petitioners are the defendants are at the doors of this Court in the subject petition calling in question an order that grants a temporary injunction in favour of the respondents - plaintiffs. The defendants are on specific plea that the interim injunction as was sought for is granted, without indicating any reasons for so granting, and would seek to place reliance upon several judgments of the coordinate benches of this Court to buttress the submission that an unreasoned ex-parte interim injunction would not be sustainable. 3. The respondents have entered appearance. In the light of the petitioners and the respondents both entering appearance, I deem it appropriate to direct the concerned Court to hear both the parties and pass necessary orders in - 5 - HC-KAR NC: 2025:KHC:25570 WP No. 18637 of 2025 C/W WP No. 17895 of 2025 accordance with law, with an outer limit of three weeks from the date of receipt of the copy of this order, if not earlier. 4. Till such time, the order of any kind that is subsisting in the subject petitions shall continue. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 44 CT: BHK