- 1 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 34880 OF 2025 (GM-CPC) BETWEEN: ARUN NAVEEN R. AGED ABOUT 27 YEARS S/O.V.RANGANTATH #9, 5TH CROSS SARASWATHIPURAM MAIN ROAD AGB LAYOUT, NANDINI LAYOUT BENGALURU NORTH, BENGALURU NANDINI LAYOUT KARNATAKA-560 096 …PETITIONER (BY SRI. ABHINAY.S.,ADVOCATE) AND: 1. VIDYA SAMSKRUTHI SCHOOL NO.211 , 16TH CROSS ROAD GAYATHRI DEVI PARK EXTN. VYALIKAVAL BENGALURU-560 003 REP. BY ITS PRINCIPAL 2. VYALIKAVAL EDUCATIONAL SOCIETY NO.211, 16TH CROSS ROAD GAYATHRI DEVI PARK EXTN. VYALIKAVAL BENGALURU-560 003 REP. BY ITS HON. TREASURER D.SURESH 3. RITESH S. MAJOR S/O.MR.SURESH D. NO.143, 3RD MAIN ROAD GAYATRI PARK, VYALIKAVAL BENGALURU-560 003 …RESPONDENTS Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DATED 15.11.2025 PASSED ON IA.NO.1 IN O.S.NO.8015/2025 BY XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner. 2. The petitioner is the plaintiff, who has initiated a suit in O.S.No.8015/2015 against the respondents- defendants before the trial Court seeking following reliefs: "a. Pass a decree of permanent injunction restraining the Defendant, their agents, associates, representatives, servants, or any other person acting on their behalf or at their instance, from interfering with, or obstructing in any manner the occupation, operation, and management of the Plaintiff's cricket academy operating under the name and stay of Cricton Academy; b. Pass a decree of permanent injunction restraining the Defendant from causing further threats, or intimidation, either directly or indirectly, against the Plaintiff, his - 3 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 staff, students, or anyone associated Cricton Academy; c. Pass such other further order(s) that this Hon'ble Court deems fit to pass in the facts and circumstances of this case, in the interest of justice, equity and good conscience." 2.1 Along with the plaint, the plaintiff has filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, wherein he sought for an ad interim ex parte order of temporary injunction in favour of the plaintiff and against the defendants, their agents, associates, representatives, servants, or any other person acting on their behalf or at their instance, from interfering with, or obstructing in any manner the occupation, operation, and management of the Plaintiff's cricket academy operating under the name and style of Cricton Academy, or causing any obstruction, harm or intimidation to the Plaintiff, his employees, trainees, or any person associated with Cricton Academy, till disposal of the suit. The affidavit was also annexed to the said application. - 4 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 2.2 The trial Court, after hearing the petitioner- plaintiff on the application for grant of an ad interim ex parte order of temporary injunction filed under XXXIX Rules 1 and 2 read with Section 151 of CPC, passed an order of issuing suit summons and notice to the respondents-defendants on I.A. on the ground that without hearing the defendants, no relief as sought under the application would be granted even temporarily. Aggrieved by which, the petitioner-plaintiff is before this Court. 3. This Court does not find any need or necessity to issue notice to the respondents, as the notice to the respondents-defendants is not yet served before the trial Court on the suit proceedings or on the application. 4. The plaintiff is seeking the relief of an ad interim ex parte order of temporary injunction before issuance of notice to the defendants and the delay in issuance of notice would cause irreparable hardship and injury to the plaintiff. In fact, the defendants are making attempts to dispossess the plaintiff from the suit schedule property, - 5 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 where he is running a Cricket academy to the School students and few outside the students, who are interested in the cricket as a sport. 5. In the affidavit annexed to the application, the plaintiff has narrated in detail with regard to entering into oral understanding with defendant No.1-School in the year 2021 through defendant Nos.2 and 3, whereby he was permitted to use the School play ground before and after the School hours for conducting the cricket coaching sessions on a payment of fixed rent basis and additionally, a portion of the revenue generated from coaching to respondent No.3. It is also stated that entire financial burden of the Cricton operations including payment of rent for the ground, staff salaries (including daily wage labourers), equipment purchase and maintenance costs, was to be solely borne exclusively by the plaintiff. 6. It is also stated in the affidavit that the plaintiff has invested about Rs.8,00,000/- for development purpose based on the assurance of the defendants collectively regarding the prolonged partnership of running - 6 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 of the academy within the premises of defendant No.1 and defendant No.3 through defendant No.2 had promised that a formal lease agreement entered into at a later stage, if the academy gained certain traction and momentum. It is also stated that the plaintiff has been conducting regular coaching sessions at the School play ground without interruption from anyone from the year 2021. 7. It is contended by learned counsel for petitioner- plaintiff that when the academy started garnered substantial footfall and revenue increased in the year 2025 and this is when the defendants started creating interference and hindrance to the plaintiff in running the cricket academy. The defendants with the influence of third party, are making attempts to dispossess the plaintiff and obstructing and continuing the coaching activities in and around April, 2025. The plaintiff was also prevented from entering into the School ground, despite his continued compliance with terms and conditions and payment of rent. Hence, he filed the suit against the defendants seeking relief of permanent injunction. - 7 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 8. Learned counsel further 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 and consequently, grant an ad interim ex parte order of temporary injunction. 9. When an application is filed under Order XXXIX Rules 1 and 2 of CPC in the suit proceedings seeking an ad interim ex parte order of temporary injunction, it is the duty and obligation of the trial Court to consider the statement made in the affidavit and also any other documents placed before the Court and the submission of learned counsel and arrive at prima facie conclusion as to to whether an ad interim ex parte order of temporary injunction to be granted or not by dispensing notice to the defendants and provide reasoning for the delay, harassment and damage to the property and also irreparable injury and hardship that would be caused to the plaintiff. If the Court finds such prima facie case is - 8 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 made out by the plaintiff, the Court may grant an ad interim ex parte order of temporary injunction before issuance of notice to the defendants. If the Court is not satisfied, then the Court is bound to provide necessary reasoning, finding and explanation to that effect. 10. In view there being no urgency, the trial Court would pass suitable orders in the present case on hand, which is not done so, but the trial Court has merely issued notice to the defendants under the premise that without hearing the defendants, no order could be passed. Therefore, prima facie, this Court deems it appropriate to interfere with the matter, as the trial Court has not applied its mind and has mechanically issued notice stating that defendants have to be heard in the matter. It is not clear as to whether the plaintiff is in possession and enjoyment of the suit schedule property. As of now, as per the photographs produced at Annexure-E before this Court, the action or threat of dispossession is exhibited by the plaintiff before this Court. Therefore, this Court deems it appropriate to remit this matter back to the trial Court for - 9 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 consideration of this application for grant of an ad interim ex parte order of temporary injunction, as notice is yet to be served on the defendants, in a time bound manner. 11. In the meanwhile, till such passing of such an order on the application, an order of status quo shall be maintained by both the parties as on today i.e. 19.11.2025 at 4.05 p.m, with regard to Suit Schedule Property. 12. 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 for plea of an ad interim ex parte order of temporary injunction, since notice is not yet served on the respondents-defendant and the next date of hearing is given as 16.12.2025. However, the petitioner-plaintiff is at liberty to advance the matter from 16.12.2025 to his urgency; - 10 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 iii) Learned counsel for petitioner-plaintiff to place the order of this Court with regard to reconsideration of the application filed under Order XXXIX Rules 1 and 2 of CPC afresh and the order of status quo to be maintained by both the parties, as regards the suit schedule property till such application is considered for grant or non-grant of ad interim ex parte order of temporary injunction prior to issuance of notice; iv) It is made clear that the trial Court shall dispose of the application on merits without being influenced by any of the observations made herein, as this Court has not delved into the merits of the application and it is merely remitted the matter to the trial Court to reconsider the same afresh; - 11 - HC-KAR NC: 2025:KHC:48254 WP No. 34880 of 2025 v) It is needless to mention that the trial Court is at liberty to pass any order as it deems fit and that whatever the order whether it grants or rejects the application of the petitioner-plaintiff for an ad interim ex parte order of temporary injunction, there shall be proper reasoning and finding on the same. In view of disposal of the petition, IA.No.1/2025 does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE LB List No.: 3 Sl No.: 1