- 1 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 36785 OF 2025 (GM-CPC) BETWEEN: 1. SRI D. MANUEL S/O. LATE DEVADAS AGED ABOUT 65 YEARS R/AT: NO.373, MILLENNIUM STREET, HORAMAVU AGARA, BENAGLURU - 560 043. 2. SRI JOSEPH CHACKO S/O. LATE P.J.CHACKO AGED ABOUT 65 YEARS R/AT GOLDEN SUN FARMS SY.NO.110/1, CHALLATTI, JALAHOBLI BAGALUR YELAHANKA TALUK, BENGALURU - 562 149. …PETITIONERS (BY SRI K.M.PHANINDRA, SENIOR ADVOCATE FOR SMT.LEELA P., ADVOCATE) AND: 1. SRI VARGHESE PAUL PALAMATTAM S/O. PAUL VARGHESE PALAMATTAM AGED ABOUT 75 YEARS R/AT. PALAMATTAM HOUSE DON BOSCO ROAD KRIACHIRA, TRIRSUR KERALA STATE - 680 006. 2. SRI ABRAHAM THOMAS S/O. THOMAS ABRAHAM AGED ABOUT 67 YEARS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 R/AT. THEVIRATHU CHARIVUKALAYIL KURICHIPANDARAKALAM HOUSE ATHIRAMPUZHA MUNDUVELIPADI KERALA STATE - 689 532. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.12.2025 PASSED ON I.A.NO.1/2025 IN O.S. NO.434/2025 OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSKOTE, BENGALURU RURAL DISTRICT ANNEXURE-C, WHEREBY THE HON'BLE TRIAL COURT HAS ISSUED ONLY EMERGENT NOTICE AND HAS REFUSED TO GRANT AN EX- PARTE INTERIM TEMPORARY INJUNCTION AND FURTHER BE PLEASED TO ALLOW THE SAID I.A.NO.1/2025 FILED BY THE PETITIONERS BY GRANTING AN ORDER OF TEMPORARY INJUNCTION RESTRAINING THE RESPONDENTS, THEIR HENCHMEN, AGENTS, ASSIGNEES, REPRESENTATIVES OR ANY PERSONS CLAIMING UNDER OR THROUGH THEM FROM IN ANY MANNER INTERFERING WITH THE PETITIONERS' PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTIES, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard Sri K.N.Phanindra, learned Senior Counsel appearing on behalf of Smt.Leela P. for the petitioners. 2. The petitioners are the plaintiffs, who have initiated a suit in O.S.No.434/2025 against the respondents-defendants before the trial Court seeking following reliefs: "Wherefore, the Plaintiffs most respectfully prays that this Hon'ble Court be pleased to pass the Judgment and Decree against the Defendants:- a. Permanently restrain the defendants, their henchmen, employees, assignees, representatives, agents and any persons claiming under through them from interfering with the plaintiff's peaceful possession and enjoyment of the suit Schedule Properties. b. Pass Permanent Injunction against the Defendants from illegal interference and - 4 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 causing disturbance over the suit Schedule Properties. c. Pass any other order/s as this Hon'ble Court deems to fit in the circumstances of the case, in the interest of justice and equity. d. Award the costs of the suit in favor of the plaintiffs. e. Grant such other relief/s as this Hon'ble Court may deems fit and proper to meet the ends of justice and equity."" 3. Along with the plaint, the plaintiffs have filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, wherein they sought for an ad interim ex parte order of temporary injunction against the defendants or their agents, henchmen, their GPA holder, or whomsoever claiming under them, restraining them from interfering with the suit schedule properties. The affidavit was also annexed to the said application. 4. The trial Court, after hearing the petitioners- plaintiffs on the application for grant of an ad interim ex - 5 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 parte order of temporary injunction filed under XXXIX Rules 1 and 2 read with Section 151 of CPC, passed an order for issuance of suit summons and emergent notice to the respondents-defendants on I.A. Aggrieved by which, the petitioners-plaintiffs are before this Court. 5. This Court does not find any need or necessity to issue notice to the respondents, as the same is not yet served before the trial Court on the suit proceedings or on the application. 6. Learned counsel for petitioners-plaintiffs contends that the trial Court, without expressing any reasons or providing any finding, has merely ordered for issuance of notice under the premise that without hearing the defendants, no order could be passed on the application. Hence, he seeks to allow his petition. 7. When an application is filed under Order XXXIX Rules 1 and 2 of CPC in the suit proceedings, it is the duty and obligation of the trial Court to pass suitable orders on - 6 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 the said application by following Proviso to Order XXXIX Rule 3 of CPC, wherein the plaintiffs are seeking relief of an ad interim ex parte order of temporary injunction before issuance of notice to the defendants as the delay in issuance of notice would cause irreparable hardship and injury to the plaintiffs. 8. In those circumstances, it is provided in the provision that under extraordinary exceptional circumstances, if the trial Court being satisfied to grant such a relief prior to issuance of notice to the defendants, it is not necessary in all cases that the trial Court would have to issue emergent notice or hear the defendant/s before passing an ad interim ex parte order of temporary injunction. There are two stages arising out of the provision under Order XXXIX Rules 1 and 2 of CPC, i.e., to issue notice and thereafter, hear and pass orders when there is no urgency made out or the delay would not cause any harm to the plaintiff/s. However, on the contrary, when the delay in issuance of notice infringes the personal - 7 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 liberty, right or damage to the property or creates threat to the person or property of the plaintiff/s, the trial Court is well within its liberty to grant such an order. 9. 9. It is relevant to note that while deciding the application under Order XXXIX Rules 1 and 2 of CPC, the trial Court would have to consider the judgments of the Hon'ble Apex Court in the cases of Shiv Kumar Chadha v/s Municipal Corporation of Delhi and others reported in (1993) 3 SCC 161, Time City infrastructure and Housing Limited Lucknow V/s State of U.P. and others reported in 2025 SCC Online SC 1674, the Co-ordinate Bench of this Court in the case of Vedant Fashions Pvt. Ltd. v/s Smt.Rajul Devi reported in 2014 SCC OnLine Kar 7191 and also this Court in the case of Karnataka State Cricket Association v/s Mr. Shashidhara A.V. in W.P.No.33725/2025 (decided on 17.11.2025). - 8 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 10. However, the fact is that in the present case on hand, the trial Court has not bothered to pass a reasoned order either to grant or reject an ad interim ex parte order of temporary injunction. Hence, the order passed by the trial Court is not sustainable. 11. Accordingly, I pass the following: ORDER i) This writ petition is disposed of; ii) The matter is remitted back to the trial Court to consider the application filed under Order XXXIX Rules 1 and 2 of CPC either to grant or reject and while doing so, the trial Court is bound to provide reasons either way. iii) The trial Court shall decide the said application within two days when the plaintiffs approach the trial Court. iv) The petitioners-plaintiffs are at liberty to advance the matter and seek relief from the hands of the trial Court; - 9 - HC-KAR NC: 2025:KHC:50876 WP No. 36785 of 2025 v) The trial Court shall pass suitable orders without being influenced by any of the observations made herein, except with regard to following due process of law and adhering to the provisions under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, Proviso to Order XXXIX Rule 3 of CPC, the judgments of the Hon'ble Apex Court and the judgments of this Court, strictly. Pending Interlocutory Applications do not survive for consideration and the same pale into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 2 Sl No.: 2