- 1 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1085 OF 2020 (GM) BETWEEN: SRI. RAJESHAKAR B. PATIL S/O LATE BASAVARAJ H. PATIL, AGED ABOUT 54 YEARS, MEMBER OF KARNATAKA LEGISLATIVE ASSEMBLY, REPRESENTING HUMNABAD LEGISLATIVE CONSTITUENCY, NOW RESIDING AT NO.108/C, 5TH CROSS, 3RD MAIN, BHOOPASANDRA, BANGALORE - 560 094. …PETITIONER (BY SRI. LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE) AND: 1. DECCAN HERALD REPRESENTED BY ITS EDITOR IN CHIEF, NO.75, M.G.ROAD, OPP. METRO STATION, BANGALORE - 560 001. 2. THE TIMES OF INDIA REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.40/1, 1ST FLOOR, S AND B TOWERS, M.G.ROAD, BANGALORE - 560 001. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 3. M/S. PRAJAVANI THE PRINTERS (MYSORE) PRIVATE LIMITED, REPRESENTED BY ITS EDTOR IN CHIEF NO.75, M.G.ROAD, BANGALORE - 560 001. 4. VIJAYA KARNATAKA METROPOLITAN MEDIA CO.LTD. REPRESENTED BY ITS EDITOR-IN-CHIEF, REGISTERED OFFICE AT NO.49, KSCCF COMPOUND, PAMPA MAHAKAVI ROAD, CHAMARAJPET, BANGALORE - 560 018. 5. INDIAN EXPRESS REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.1, EXPRESS BUILDING, OPP INSTITUTE ENGINEERS, QUEENS ROAD, BENGALURU - 560 001. 6. KANNADA PRABHA REPRESENTED BY ITS EDITOR IN CHIEF NO.36, CRESENT ROAD, OPP MALLIGE HOSPITAL, BENGALURU - 560 001. 7. THE HINDU REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.19 AND 21, BHAGWAN MAHAVEER ROAD, NEXT TO DEPARTMENT OF INFORMATION PUBLICITY, INFANTRY ROAD, BANGALORE - 560 001. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 8. DECCAN CHRONICLE REPRESENTED BY ITS EDITOR-IN-CHIEF, 5TH FLOOR, BMTC COMMERCIAL COMPLEX, 80 FEET MAIN ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU - 560 095. 9. BANGALORE MIRROR REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.17, DU PARC TRINITY, 9TH FLOOR, M.G.ROAD, TRINITY CIRCLE, BANGALORE - 560 008, NEAR TRINITY CHRUCH, AND TAJ VIVANTA. 10. KARAVALI MUNJAVU REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.3RD FLOOR, KRISHNA COMPLEX, CIVIL COURT ROAD, KARWAR - 581 301. 11. DAILY SALAR URDU DAILY NEWS, REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.69, A1 AMMEN TOWER, HOSUR ROAD, LALBAGH ROAD, NEAR LALBAGH MAIN GATE, BANGALORE - 27. 12. KANNADA JANANTHARANGA KARAVALI MUNJAVU, REPRESENTED BY ITS EDITOR IN CHIEF NO.3RD FLOOR KRISHNA COMPLEX, CIVIL COURT ROAD, KARWAR - 581 301. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 PLOT NO.26-27, KSSIDC INDUSTRIAL AREA, HEGDE ROAD, KUMATTA - 581 343. 13. SIYASATH AND SAHIL REPRESENTED BY ITS EDITOR-IN-CHIEF, SAHIL ONLINE 1ST FLOOR, JAMAAT COMPLEX, NEAR TO KSRTC BUS STAND BHATKAL, UTTAR KANNADA DISTRICT - 581 354. 14. NAQUSH-E- NAWAYATH REPRESENTED BY ITS EDITOR-IN-CHIEF, HAVING OFFICE AT CHOULA BAZAR, BHATKAL - 581 354. 15. KADALAVANI REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA DAILY NEWS PAPER, MORABHA SAKENI, ANKOLA - 581 314. 16. LOKADWANI REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA DAILY NEWSPAPER, BOBRUVADA, ANKOLA - 581 314. 17. CANARA VIJAYA REPRESENTED BY ITS EDITOR-IN-CHIEF, NEAR KEB, ANKOLA - 581 314. 18. KARAVALLI DWAN REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA WEEKLY NEWS PAPERSAKENI, ANKOLA - 581 314. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 19. ARYA NEWS REPRESENTED BY ITS EDITOR-IN-CHIEF, NEW CHANNEL SABABRUADA, ANKOLA - 581 314. 20. KANNADA JANANTHARNAGA REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA DAILY NEWS PAPER, UNNEMATTA GALLI, SIRASI - 581 401. 21. JANA MADYAMA REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA DAILY NEW PAPER, OPP. TO SYNDICATE BANK, DEEVIKERE, SIRASI - 581 401. 22. DYEYANISTA PATHRAKARTHA REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA DAILY NEWS PAPER, JAYANGAR, SIRASI - 581 401. 23. HAI BENDAKALURU REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.127, LAGGERE MAIN ROAD, NEAR BASAVANNA TEMPLE, LAGGERE, BANGALORE - 58. 24. RAJASTAN PATRIKE REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.805, 8TH FLOOR MITTAL TOWER, NEAR ING VYSYA BANK M.G., BANGALORE - 58. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 6 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 25. THE PRUTHIVRAJ REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA NEWS PAPER TVS ROAD, SIRASI - 581 401. 26. VIJAYA SANDESHA REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA NEWS PAPER, POST BOX NO.3, SIRASI - 581 401. 27. THE HINDI SANJE REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA DAILY NEWS PAPER, NO.1263/4, KHB COLONY MAGADI ROAD, KAMAKSHIPALYA, BANGALORE - 79. 28. THE NEWS ONE NEWS ONE KANNADA, REPRESENTED BY ITS EDITOR-IN-CHIEF, DIWANE ROAD, 2ND FLOOR NEAR JODI BANK, LAKSHMIPURAM, CHAMRAJ MOHALLA, MYSORE - 570 004. 29. HELLO MYSORE REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.2, ANANTHALAYA BUILDING, N.S. ROAD, MYSORE - 570 024. 30. MRS. GOWRI LANKESH REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.9, EAST ANJANEYA TEMPLE STREET, GANDHI BAZAR, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 7 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 BASAVANAGUDI, BANGALORE - 560 004. 31. THE AGNI KANNADA WEEKLY PAPER, REPRESENTED BY ITS EDITOR-IN-CHIEF, NO.3, 9TH MAIN ROAD, PRASHANT NAGAR, BANGALORE - 560 078. 32. HOSA DIGANTHA KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF NO.1/1, 6TH CROSS, MALLESHWARAM, 8TH MAIN ROAD, BANGALORE - 560 003. 33. KARAVALI LAE KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, NO.35, SEE VIEW TORIST LANE, PANDESHWAR, OPP. TO SBI, MANGALORE - 575 001. 34. THE DNA ENGLISH DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, NO.6, PRESTIGE SOLITAIRE GROUND FLOOR, M.G.ROAD, NEAR OLD PASSPORT OFFICER, MRUNTON ROAD, BANGALORE - 560 025. 35. PUDHARI MARATHI DAILY NEWS PAPER, REPRESENTED BY ITS CHIEF REPORTER, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 8 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 MR.SRIKANTH KAKTHIKAR, CLUB ROAD, BELGAUM - 560 002. 36. THE PRAJA NUDI KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, NO.44/3, VANI VILAS, DOUBLE ROAD, NEAR RAJU CIRCLE, RTO CIRCLE, LAKSHMIPURAM, MYSORE - 570 004. 37. MYSORE PATHRIKE KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF LANDS DOWN BUILDING, MYSORE - 570 001. 38. MYSORE DIGANTHA KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, NO.2/5 (C), NEAR RAGHAVENDRA MUTT, NARAYANA SHASTRI ROAD, MYSORE - 570 024. 39. LANKESH PATRIKE KANNADA NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, NO.9, EAST ANJANEYA TEMPLE STREET, BASAVANAGUDI, BANGALORE - 560 064. 40. HAI BANGALORE KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, NO.2, PADMANABHA NAGAR, 2ND STAGE, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 9 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 KODIGENAHALLI CROSS, BANASHANKARI 2ND STAGE, BANGALORE - 560 064. 41. VISHWANI KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF NO.915, 2ND CROSS, 3RD FLOOR, DHANUSH PLAZA, 80 FEET ROAD, RAJARAJESHWARI NAGAR, REMCO BHEL LAYOUT, IDEAL HOMES TOWNSHIP, BANGALORE - 560 098. 42. THE NEWS-9 THE KANNADA NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, NO.13, 2ND FLOOR, RHENIUS STREET, RICHMOND TOWN, OPP. HOCKEY STADIUM, BANGALORE - 560 025. 43. TIMES OF KARNATAKA THE ENGLISH NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, MR.BHASKAR SHETTY AND MR. SANGAMDEV, OFFICE AT AUTELIA APARTMENT, RICHMOND TOWN, BANGALORE - 560 027. 44. THE VIJAYAVANI THE KANNADA NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 10 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 OFFICE AT RAM TOWERS, 1ST FLOOR, 5TH MAIN, K P PUTTANNACHETTY ROAD, CHAMARAJPETE, BANGALORE - 560 018. 45. THE TARUN BHARAT MARATHI DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, NARVEKAR GALLI, OPP. KHADYE BAJAR POLICE STATION, BENGALURU - 560 002. 46. THE KANNADAMMA KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF OFFICE AT CLUB ROAD, BENGALURU - 560 002. 47. THE ANDOLANA DINA PATHRIKE KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF NO.777, 7TH CROSS, RAMANUJA ROAD, MYSORE - 01. 48. THE MYSORE MITHRA KANNADA DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, 3RD FLOOR, VISHWESHWARIAH BUILDING, DEVARAJ CIRCLE, MYSORE - 01. 49. STAR OF MYSORE ENGLISH DAILY NEWS PAPER, REPRESENTED BY ITS EDITOR IN CHIEF, ACADEMIC NEWS PAPER PVT LTD., Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 11 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 NO.15, C, INDUSTRIAL A LAYOUT, BHANIMANTAPA, MYSORE - 15. 50. TV9 ASSOCIATED BROAD CASTING PVT LTD. REPRESENTED BY ITS EDITOR IN CHIEF, NO.13, RHENIUS STREET, RICHMOND TOWN, CIVIL STATION, BENGALURU - 560 025. 51. PUBLIC T V REPRESENTED BY ITS EDITOR IN CHIEF, 4TH FLOOR, TTMC, BMTC BUILDING, YESHWANTHPUR, BANGALORE - 560 022. 52. SUVARNA NEWS CHANNEL REPRESENTED BY ITS EDITOR IN CHIEF, ASIA NEWS NETWORK, CRESCENT ROAD, OPP. MALLIGE HOSPITAL, BANGALORE - 560 001. 53. NEWS X NEWS CHANNEL INX MEDIA PVT. LTD., REPRESENTED BY ITS EDITOR IN CHIEF B/4, SECTOR 3, NOIDA - 201 301 UTTAR PRADESH. 54. BTV NEWS CHANNEL REPRESENTED BY ITS EDITOR IN CHIEF, 32/1-2, CRESCENT TOWER, CRESCENT ROAD, HIGH GROUNDS, NEXT TO GOLDFINCH HOTEL, BENGALURU, KARNATAKA - 560 001. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 12 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 55. ETV KANNADA CHANNEL REPRESENTED BY ITS EDITOR IN CHIEF, KCN BHAVANA, YAMUNA BAI BHAVAN, MADHAV NAGAR, BANGALORE - 560 001. 56. ZEE KANNADA NEWS CHANNEL REPRESENTED BY ITS EDITOR IN CHIEF, NO.39, 3RD FLOOR, UNITED MASION, NEXT TO CAUVERY EMPORIUM, M.G.ROAD, BANGALORE - 560 001. 57. SAMAYA NEWS CHANNEL REPRESENTED BY ITS EDITOR IN CHIEF, NO.104, 5TH FLOOR, CHANDRAKIRAN BUILDING, KASTURBA ROAD, BANGALORE - 560 001. 58. JANASHREE NEWS CHANNEL REPRESENTED BY ITS EDITOR IN CHIEF, YASH BROADCASTING, NO.351, 5TH FLOOR, SALAPURIA TOWERS-1, KORAMANGALA, BANGALORE - 560 095. 59. KASTURI NEWS CHANNEL REPRESENTED BY ITS EDITOR IN CHIEF, KASTURI MEDIA PVT. LTD. NO.12 AND 12/1, KASTURBA ROAD, BANGALORE - 560 001. 60. RAJ NEWS KANNADA CHANNEL REPRESENTED BY ITS EDITOR IN CHIEF, THIMMAIAH ROAD, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 13 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 CAUVERAPPA LAYOUT, VASANTHNAGAR, BANGALORE - 560 051. 61. SAHARA T V THE NEWS CHNNEL, REPRESENTED BY ITS EDITOR IN CHIEF NO.35, CHURCH STREET, BANGALORE - 560 001. 62. STAR T V THE NEW CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF NO.1, WALTON ROAD, BANGALORE - 560 001. 63. PRAJA T V THE NEWS CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF, NO.15, SHEZAN LAVELLE, 4TH FLOOR, NEAR UB CITY, BANGALORE - 560 001. 64. THE CNN IBN THE NEW CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF, MILLENNIUM TOWER-C, 6TH FLOOR, NO.1 AND 2, MURPHY ROAD, ULSOOR, BANGALORE - 560 008. 65. THE N.D.T.V. THE NEW CHANNEL PRODUCTION HOUSE, REPRESENTED BY ITS EDITOR IN CHIEF, COLES ROAD, FRAZEN TOWN, BANGALORE - 560 005. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 14 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 66. THE AAJ TAK THE NEW CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF, NO.201-204, RICHMOND ROAD, TONEER 12, BANGALORE - 560 025. 67. THE TIMES NOW THE NEW CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF, TIMES GLOBAL BROADCASTING CO.LTD. 1ST FLOOR, S AND B TOWER, 40/1, M.G. ROAD, BANGALORE - 560 001. 68. THE UNI THE NEW CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF, NO.1767, LAKSHMIRAM COMPLEX, BEHIND VV MARKET, K.R. MOHALLA, MYSORE - 570 024. 69. THE C -NEWS THE NEW CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF, NO.1506, BEHIND BHAGAVAN P ATHOLOGY LAB, SHIVRAMPET, MYSORE - 570 001. 70. AMOGH T V THE NEW CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF, NO.6, CHAMUNDIVIHAR LAYOUT, NEAR CHAMUNDI VIHAR LAYOUT, NAZARBAD, MYSORE - 570 010. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 15 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 71. NAMMA T V THE NEWS CHANNEL, REPRESENTED BY ITS EDITOR IN CHIEF, NEW MANGALORE, BAIKAMPADY, MYSORE - 575 011. 72. NAMMA KUDLA WIZARD GRAPHICS, REPRESENTED BY ITS EDITOR IN CHIEF GRAPHIC WATH CHAMBER, M.G.ROAD, KODIALBAIL, MANGALORE - 575 003. 73. CANARA NEWS REPRESENTED BY ITS EDITOR-IN-CHIEF, NEWS CHANNEL, SABELLAMBARA, ANKOLA - 581 314. 74. CITY NEWS TV REPRESENTED BY ITS EDITOR-IN-CHIEF, NEWS CHANNEL, SA ANKOLA - 581 314. 75. UTTARA KANNADA VARTHA SANCHAYA REPRESENTED BY ITS EDITOR-IN-CHIEF, NEWS CHANNEL TVS ROAD, SIRASI - 581 401. 76. RAJ NEWS REPRESENTED BY ITS EDITOR-IN-CHIEF, KANNADA NEWS CHANNEL, O/AT THIMMAIAH ROAD, KAVERAPPA LAYOUT, VASANTH NAGAR, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 16 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 BANGALORE - 51. 77. UDAYVANI KANNADA NEWSPAPER REPRESENTED BY ITS EDITOR IN CHIEF, NO.N-201, MANIPAL CENTRE, NO.47, DICKENSON ROAD, BANGALORE - 560 042. 78. SAMYUKTHA KARNATAKA NEWSPAPER REPRESENTED BY ITS EDITOR IN CHIEF, NO.2, 2ND CROSS RESIDENCY ROAD, OPP. TO BISHOP COTTON BOYS SCHOOL, BANGALORE - 560 025. 79. E SANJE KANNADA NEWPAPER REPRESENTED BY ITS EDITOR IN CHIEF, NO.2/4, DR. RAJ KUMAR ROAD, NEAR SUGUNA HOSPITAL, RAJAJINAGAR, BANGALORE - 560 010. 80. SANJE VANI KANNADA NEWSPAPER REPRESENTED BY ITS EDITOR IN CHIEF, NO.11/2, QUEENS ROAD, OPP. CONGRESS OFFICE, BANGALORE - 560 051. …RESPONDENTS (BY SRI. NITIN R, ADVOCATE FOR R42 AND R50; SRI. MOHAMMAD NIYAX S, ADVOCATE FOR R14; SMT. SUMANA NAGANAND, ADVOCATE FOR R1 AND R3; R2, R4, R5, R6, R7, R8, R10, R12, R13, R15, R18, R19, R20 , R21, 22, R23, R25, R26, R27, R31, R32, R35, R37, R40, R41, R44, R47, R48, R49, R51, R52, R54, R56, R59, R60, R63, R67, R70, R71, R72, R73, R77, R78, R79 AND R80 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 17 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 DATED 06.12.2019 PASSED BY THE LXI ADDL. CITY CIVIL AND SESSION JUDGE IN O.S.NO.8797/2019 VIDE ANENXURE-C IN ISSUING EMERGENT NOTICE AND CONSEQUENTLY ALLOW THE I.A.NO.1 FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 OF CPC RESTRAINING THE RESPONDENTS FROM TELECASTING/BROAD CASTING, PUBLISHING, DISTRIBUTING AUDIO VIDEO MATERIAL RELATING TO THE PETITIONER AND PUBLISHING FALSE, FRIVOLOUS, VEXATIOUS DEFAMATORY NEWS TELECAST, PAPER PUBLICATION AND OTHER FORM OF PUBLICATION BY THE RESPODNENTS LOWERING AND DAMAGING THE NAME AND FAME OF THE PETITIONER IN THE EYES OF GENERAL PUBLIC AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner-plaintiff is before this Court calling in question the order passed by the learned Trial Judge on I.A.No.1 filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, (for short ‘CPC’), whereby the prayer for grant of ex parte ad interim injunction has been declined and emergent notice has been ordered to the respondents. 2. Learned counsel appearing for the respondents, placing reliance on the judgment of the co-ordinate Bench in Raju B.V. v. Gemini Shares and Stocks Private Limited, in W.P.No.13889/2022, disposed of on 22.01.2026, would Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 18 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 contend that the present writ petition is not maintainable in view of the efficacious statutory remedy available to the petitioner under Order XLIII Rule 1(r) of CPC. 3. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. Perused the impugned order and the material on record. 4. Having given my anxious consideration to the rival submissions, this Court is of the view that the writ petition cannot be entertained, primarily for the reason that the petitioner has an efficacious alternative remedy under Order XLIII Rule 1(r) of CPC. 5. A perusal of the impugned order would indicate that the learned Trial Judge has not merely deferred consideration of I.A.No.1 by mechanically ordering notice. The learned Trial Judge has considered the material placed before the Court and, upon recording a prima facie satisfaction, has declined to grant ex parte ad interim injunction and has ordered emergent notice to the respondents. Therefore, the order impugned is one passed in exercise of jurisdiction under Order XXXIX Rules 1 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 19 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 and 2 of CPC and is amenable to the statutory appellate remedy contemplated under Order XLIII Rule 1(r) thereof. 6. The petitioner, instead of invoking the remedy expressly provided by CPC, has approached this Court under Articles 226 and 227 of the Constitution of India. The extraordinary jurisdiction of this Court is not intended to substitute a statutory appellate remedy, particularly when the grievance raised by the petitioner pertains essentially to the correctness of the interlocutory order passed by the learned Trial Judge on the prayer for interim injunction. No exceptional circumstance is made out warranting interference in exercise of the supervisory jurisdiction of this Court. 7. There is, however, another significant circumstance which persuades this Court not to entertain the present petition. The suit itself was instituted in the year 2019. It is not in dispute that, during the pendency of the suit, this Court, by order dated 20.01.2020, granted an interim order of injunction, which, according to the parties, continues to operate as on date. The application under Order XXXIX Rules 1 and 2 of CPC Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 20 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 nevertheless remains pending consideration before the learned Trial Judge. 8. The continuance of an interim order passed by this Court cannot be understood as resulting in an indefinite suspension of the suit proceedings or as dispensing with the obligation of the learned Trial Judge to consider and decide the pending interlocutory application. An interim order is intended to preserve the subject matter of the lis during the pendency of the proceedings and cannot, by itself, be construed as staying the further proceedings in the suit unless such an intention is expressly borne out from the order. 9. If, as contended by learned counsel for the respondents, the proceedings before the learned Trial Judge have remained virtually stalled on account of the interim order passed by this Court, such a consequence is clearly not contemplated. It is rather unfortunate that a suit for injunction instituted as far back as in the year 2019 has not progressed to the stage of consideration of the pending application under Order XXXIX Rules 1 and 2 of CPC. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 21 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 10. At the same time, the petitioner-plaintiff also cannot be permitted to take advantage of the pendency of the said application without bringing to the notice of the learned Trial Judge the subsisting order passed by this Court and seeking appropriate orders on the pending interlocutory application. The parties are required to assist the Trial Court in bringing the interlocutory proceedings to their logical conclusion rather than allowing the suit to remain stagnant. 11. In view of the aforesaid circumstances, this Court is of the considered view that the petitioner ought to pursue the remedy available under Order XLIII Rule 1(r) of CPC, or, if so advised, seek appropriate consideration of the pending application before the learned Trial Judge. The extraordinary jurisdiction of this Court cannot be invoked as a substitute for the statutory appellate remedy. 12. Consequently, the writ petition stands dismissed. No opinion is expressed on the merits of I.A.No.1 or on the respective rights and contentions of the parties in the suit. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 22 - HC-KAR CNR: KAHC010020832020 NC: 2026:KHC:51413 WP No. 1085 of 2020 13. Liberty is reserved to the petitioner to seek an early hearing and consideration of I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC before the learned Trial Judge. 14. Since the pleadings are stated to be complete, both the parties shall address their arguments on I.A.No.1 without seeking unnecessary adjournments. The learned Trial Judge shall thereafter consider the application on its own merits and pass appropriate orders in accordance with law. 15. It is further clarified that the interim order dated 20.01.2020 passed by this Court shall operate subject to the terms and tenor of the said order and shall not be construed as an order staying the proceedings in the suit. The learned Trial Judge shall proceed with the suit in accordance with law, including consideration of I.A.No.1. (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 12 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified