- 1 - HC-KAR NC: 2025:KHC:37484 WP No. 15447 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.15447 OF 2025 (GM-CPC) BETWEEN: MR. RANJIV WALIA, S/O MAJOR SHARNJITH SINGH WALIA, AGED ABOUT 54 YEARS, RESIDING AT REGENCY PINNACLE HEIGHTS 12AB, LAVENDER BLOCK, RACHENAHALLI MAIN ROAD, BENGALURU – 560 077 …PETITIONER (BY SRI. SRIVASTHAVA H K., ADVOCATE) AND: 1. MRS. MONISHA CHARLES D/O LATE COMMONDORE COLBERT ILLIAM CHARLES W/O MR. RANJIV WALIA, AGED ABOUT 54 YEARS, RESIDING AT REGENCY PINNACLE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37484 WP No. 15447 of 2025 HEIGHTS 13AB, LAVENDER BLOCK, RACHENAHALLI MAIN ROAD, BENGALURU – 560 077 2. SRI. PIYUSH CHOUDHARY S/O MAHINDER KUMAR CHOUDHARY AGED ABOUT 38 YEARS RESIDING AT VILLA 285 PHRASE 2, ADARSH PALM MEADOWS, RAMAGONDANAHALLI, K.R.PURAM HOBLI, BENGALURU EAST TALUK, WHITEFIELD, BENGALURU – 560 066. …RESPONDENTS (BY SRI. SAIGURU SHASHIKANTH KARKERA, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER, OR DIRECTION QUASHING AND SETTING ASIDE THE IMPUGNED EX PARTE ORDER DATED 06-03-2025 IN OS 2080/2024 PENDING IN THE FILE OF I ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT AT BANGALORE AS PRODUCED AS ANNEXURE-A AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37484 WP No. 15447 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioner – defendant No.2 is before this Court calling in question an order dated 06.03.2025, passed by the I Additional Senior Civil Judge, Bengaluru, in O.S.No.2080/2024, by which the concerned Court places the present petitioner and respondent No.2 as ex-parte and grants an interim order of injunction in favour of respondent No.1 - plaintiff. 2. Heard Sri Srivasthava H.K., learned counsel for the petitioner and Sri Saiguru Shashikanth Karkera, learned counsel for the respondent No.1. 3. Respondent No.1 – plaintiff institutes a suit seeking permanent injunction against the petitioner and respondent No.2 – defendants. The subject proceeding arises out of the said suit in O.S.No.2080/2024 instituted by respondent No.1. Plaintiff is the wife of petitioner - defendant No.2. What has driven the petitioner to this Court is the following order: “Plaintiff absent, counsel present. Counsel for the plaintiff filed memo along with copy of the mail for having served the summons to the defendant No.1 and 2. Heard and - 4 - HC-KAR NC: 2025:KHC:37484 WP No. 15447 of 2025 perused, Service held sufficient, defendant No.1 and 2 called out absent, placed exparte. Learned counsel for the plaintiff submits the defendants are likely to alienate the suit schedule property. Hence it appears that some emergent order is required to be passed in order to avoid multiplicity of the proceeding. Hence the defendants are restrained from the alienating the suit schedule property in any manner till further orders. For exparte plaintiff evidence. Call on 28.04.2025.” (Emphasis added) The afore-quoted order, places the petitioner and respondent No.2 as ex-parte and grants temporary injunction. The petitioner is before this Court calling in question the said order. 4. Learned counsel for respondent No.1 submits that the concerned Court be directed to rehear the application seeking injunction, after providing an opportunity to hear the petitioner, in the light of the fact that the parties are represented now. 5. Learned counsel submits that the interim order of status quo that is subsisting must be continued, till the application filed under Order XXXIX Rules 1 and 2 of the CPC. 6. In the light of the said submissions, I deem it appropriate to dispose the petition, with a direction to the - 5 - HC-KAR NC: 2025:KHC:37484 WP No. 15447 of 2025 concerned Court to hear both the plaintiff and the defendants and pass necessary orders thereon, answering the application under Order XXXIX Rules 1 and 2 of the CPC. 7. As the interim order is in subsistence, granted by the co-ordinate bench, the same shall continue for a period of four weeks. 8. The concerned Court shall endeavour to answer the application under Order XXXIX Rules 1 and 2 of the CPC after hearing the parties within an outer limit of four weeks, from the date of receipt of a copy of this order. 9. For the aforesaid reasons, the following: ORDER a. The writ petition is allowed. b. The matter now stands remitted back to the hands of the concerned Court to answer the application filed under Order XXXIX Rules 1 and 2 of the CPC, after hearing the parties and pass necessary orders in accordance with law, within an outer limit of four weeks from the date of receipt of a copy of the order. - 6 - HC-KAR NC: 2025:KHC:37484 WP No. 15447 of 2025 c. All contentions of both the parties that are urged in the subject petition is permitted to be urged before the concerned Court, while considering the application seeking temporary injunction. d. The interim order granted on 04.06.2025, subsisting even as on today, continues for a period of four weeks, from the date of receipt of a copy of the order. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 66