- 1 - HC-KAR NC: 2026:KHC:588 WP No. 13890 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 13890 OF 2022 (GM-CPC) BETWEEN: SRI ARAVIND G P S/O PRAKASH REDDY AGED ABOUT 47 YEARS, NO 324/1, 3RD CROSS, PRAGATHI LAYOUT, MUDINAPALYA, BANGALORE - 91. …PETITIONER (BY SRI.DEVENDRAPPA., ADVOCATE) AND: 1. GEMINI SHARES AND STOCKS PRIVATE LIMITED, A COMAPNY INCORPORATED UNDER THE COMPANIES ACT 1956 AND HAVING REGISTERED OFFICE AT COTTAGE NO.4, BANGALORE PALACE, VASANTH NAGAR POST, BANGALORE - 52 REP BY AUTHORISED SIGNATORY, MR.KUMAR CHENNABASAVAGOWDA PATIL. 2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, - 2 - HC-KAR NC: 2026:KHC:588 WP No. 13890 of 2022 KUMARA PARK WEST, BANGALORE. …RESPONDENTS (BY SRI.S.B.TOTAD., ADVOCATE FOR R1; SRI.CHINMAY KURANDWAD., ADVOCATE FOR SRI.B.VACHAN., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED PRAYING TO DECLARE THAT THE ORDER PASSED BY THE XLII ADDL CITY CIVIL AND SESSIONS JUDGE, BANGALORE (43) IN O.S.NO.4214/2022 ON IA NO.2/2022 UNDER ORDER 39 RULE 1 AND 2 OF CPC DATED 1.7.2022 REFUSING TO GRANT AN EXPARTE INJUNCTION ORDER IS UNSUSTAINABLE IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE AND NOT SUSTAINABLE IN THE EYES OF LAW IN VIEW OF URGENCY OF THE MATTER VIDE ANNEXURE-A. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL ORDER 1. The present petition seeks to challenge the order dated 01.07.2022 in O.S.No.4214/2022 passed by the XLII Addl. City Civil and Sessions Judge, Bengaluru (CCH-43) on I.A.No.2 under Order XXXIX Rule 1 and 2 of CPC (hereinafter referred to - 3 - HC-KAR NC: 2026:KHC:588 WP No. 13890 of 2022 as 'impugned order'). By the impugned order, the learned Trial Court has refused to grant an injunction. 2. Order XLIII Rule 1(r) of CPC is reproduced below: "Order XLIII Rule 1. Appeal from orders.—An appeal shall lie from the following orders under the provisions of section 104, namely xxxx xxxx (r) an order under rule 1, rule 2, [rule 2A], rule 4 or rule 10 of Order XXXIX." 3. The impugned order is an appealable order under the provisions of Order XLIII Rule 1(r) of CPC. 4. In view thereof, the petition is disposed of granting liberty to the petitioner to take appropriate steps in accordance with the law. However, the interim protection granted to the petitioner by order dated 19.07.2022 by this Court is extended for a period of two weeks to the petitioner to take appropriate steps. 5. All pending applications stand closed. - 4 - HC-KAR NC: 2026:KHC:588 WP No. 13890 of 2022 6. Learned counsel for the respondent submits that two connected matters are also there, which are W.P.No.13888/2022 and W.P.No.13889/2022. 7. The registry is directed to list these matters on 12.01.2026. (TARA VITASTA GANJU) JUDGE TKN List No.: 1 Sl No.: 33 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA