- 1 - HC-KAR NC: 2025:KHC:46337 WP No. 34105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.34105 OF 2025 (GM-CPC) BETWEEN: SHASHIDHAR ACHARYA S/O.SHAMARAYA ACHARYA AGED ABOUT 56 YEARS REP. BY GPA HOLDER SHAMARAYA ACHARYA (FATHER) R/AT 1-408, NINYARU MANE NAINADU POST, PILATHABETTU BANTWAL, D.K-574 233 …PETITIONER (BY SRI DHANANJAY KUMAR, ADVOCATE) AND: 1. ANIL MORAS S/O.SYLVESTER MORAS MAJOR 2. DAVID VEGAS S/O.PASCAL VEGAS MAJOR 3. ROBERT VEGAS S/O.PASCAL VEGAS MAJOR 4. RAJESH SAPALYA S/O.JAARAPPASAPALYA MAJOR 5. JANARDHANA SAPALYA S/O.DHARNAPPASAPALYA MAJOR Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46337 WP No. 34105 of 2025 6. SIMON MORAS S/O.MAURICE MORAS MAJOR P-1 TO P-6 ARE R/AT KOLAKEBAIL MANE PILATHABETTU VILLAGE BANTWAL TALUK-574 233 7. SMT.SHARADA W/O.RATNAKAR MAJOR R/AT KODENJARU HOUSE PILATHABETTU VILLAGE BANTWAL TALUK-574 233 8. HARSHINI W/O.PUSHPANANDA MAJOR R/AT MOORJE HOUSE PILATHABETTU VILLAGE BANTWAL TALUK-574 233 9. NELWISTER PINTO S/O.SYLVESTER PINTO MAJOR R/AT NAINADU HOUSE PILATHABETTU VILLAGE BANTWAL TALUK-574 233 10. THE THAHASILDAR BANTWALA TALUK D.K.DISTRICT-574 219 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TRIAL COURT TO CONSIDER AND PASS AN ORDER OF TEMPORARY INJUNCTION ON IA NO.2 FILED UNDER ORDER XXXIX RULES 1 - 3 - HC-KAR NC: 2025:KHC:46337 WP No. 34105 of 2025 AND 2 READ WITH SECTION 151 OF CPC BY THE PETITIONER IN OS.NO.295/2025 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, BANTWAL, D.K. 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 Sri Dhananjay Kumar, learned counsel for petitioner. 2. The present petition is filed by the plaintiff seeking the following reliefs: "(i) To direct the trial court to consider and pass an order of temporary Injunction on I.A No.2 filed under Order 39 Rules 1 and 2 R/w Section 151 of Code of Civil Procedure by the petitioner in O.S. No. 295/2025 pending before the file of Senior Civil Judge and JMFC, Bantwal, D.K. vide Annexure-A. (ii) Issue any other order or direction under the facts and circumstances of the present case, to grant such other relief as this Hon'ble court would deem fit to be granted, in the interest of justice and equity. " - 4 - HC-KAR NC: 2025:KHC:46337 WP No. 34105 of 2025 3. Parties are referred to as per their status before the trial Court. 4. The plaintiff has instituted a suit against the defendants seeking the following reliefs: "(a) Grant a decree of permanent injunction restraining the Defendants, their men, agents, or anybody claiming under them from in any manner interfering with the Plaintiff's peaceful possession, cultivation and enjoyment of the suit schedule properties. (b) Grant such other and further reliefs as this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the interest of justice and equity." 5. Along with the plaint, the plaintiff filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking an ad interim ex parte order of temporary injunction restraining the defendants, their men, agents or anybody claiming under them from in any manner interfering with the Plaintiff's peaceful possession - 5 - HC-KAR NC: 2025:KHC:46337 WP No. 34105 of 2025 and enjoyment of the suit schedule properties, including warga agricultural lands and attached Kadim Kumki lands. However, the trial Court without passing any order on the said application, has issued emergent notice on IA.No.II and suit summons to the defendants. 6. It is the vehement contention of learned counsel for petitioner-plaintiff that the impugned order passed by learned trial Judge is illegal, perverse and contrary to the materials placed on record so also to the provision of law. The trial Court has not followed procedure while granting an ad interim ex parte order of temporary injunction. It is also further contended by learned counsel that despite the petitioners-plaintiffs prima facie placing several materials on record, the trial Court ought to have been granted an ad interim ex parte order of temporary injunction. Learned trial Judge has committed an error and illegality in not considering all these aspects and not granting an interim order of temporary injunction. It has mechanically passed the impugned order. - 6 - HC-KAR NC: 2025:KHC:46337 WP No. 34105 of 2025 7. It is further contended that the trial Court is not right in merely issuing emergent notice on IA.No.2 and suit summons to the defendants without granting an ad interim ex parte order of temporary injunction. The trial Court ought to have considered all the materials placed and provided proper reasoning for not granting the interim order of temporary injunction, which is not done in the present case. 8. This Court does not find any need or necessity to issue notice to the respondents-defendants for the reason that the petitioner is questioning the non-passing of the order on the application, wherein the trial Court has neither passed any order for grant of an ad interim ex parte order of temporary injunction or rejection of the same. 9. When an application is filed under Order XXXIX Rules 1 and 2 of CPC by the plaintiff along with the plaint seeking an ad interim ex parte order of temporary - 7 - HC-KAR NC: 2025:KHC:46337 WP No. 34105 of 2025 injunction, it becomes the duty and obligation of the trial Court to consider the same and pass suitable orders either granting or rejecting the ad interim ex parte order of temporary injunction. 10. The trial Court will also have to consider judgments of the Hon'ble Apex Court in the cases of Shiv Kumar Chadha vs. Municipal Corporation of Delhi and others reported in (1993)3 SCC 161, Time City Infrastructure and Housing Limited Lucknow vs. State of U.P. and Others reported in 2025 SCC Online SC 1674 and the judgment of the Coordinate Bench of this Court in the case of Vedant Fashions Pvt. Ltd., vs. Smt.Rajul Devi reported in 2014 SCC OnLine Kar 7191 while deciding the application under Order XXXIX Rules 1 and 2 of CPC. 11. In view of the above, it would be appropriate for this Court to direct the trial Court to decide the application - 8 - HC-KAR NC: 2025:KHC:46337 WP No. 34105 of 2025 either granting or rejecting an ad interim ex parte order of temporary injunction by providing proper reasons. 12. Accordingly, I pass the following: ORDER i) Petition is allowed. ii) Learned Prl. Civil Judge and JMFC, Bantawal, D.K. is directed to dispose of the application I.A.No.2 filed under Order XXXIX Rule 1 and 2 read with Section 151 CPC in OS No. 295/2025 filed by the petitioner/plaintiff within a week's time from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE LB/List No.: 1 Sl No.: 21