- 1 - HC-KAR NC: 2026:KHC:18777 MFA No. 1964 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 1964 OF 2026 (CPC) BETWEEN: M/S SHRIRAM PROPERTIES LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: LAKSHMI NEELA RITE CHOICE CHAMBER, 1ST FLOOR, #9, BAZULLAH ROAD, T. NAGAR, CHENNAI - 600-017 HAVING ITS CORPORATE OFFICE AT: NO.31, 2ND MAIN ROAD, T CHOWDAIAH ROAD, SADASHIVANAGAR, BENGALURU - 560 080 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE: MRS. R SARANYA DEVI ASSISTANT GENERAL MANAGER LEGAL &APPELLANT (BY SRI. J P DARSHAN.,ADVOCATE) AND: 1. SUVILAS PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18777 MFA No. 1964 of 2026 NO.52, DONNABAS TOWER, 1ST FLOOR, RAILWAY PARALLEL ROAD, NEXT TO BETHESDA SCHOOL, KUMARA PARK WEST, BENGALURU - 560 020 REP. BY ITS MANAGING DIRECTOR SUNIL CHOWDARY 2. SUNIL CHOWDARY, AGED ABOUT 53 YEARS, S/O. MUNIVEERAPPA, THE MANAGING DIRECTOR OF M/S. SUVILAS PROPERTIES PVT. LTD., HAVING OFFICE AT: NO.52, DONNABAS TOWER, 1ST FLOOR, RAILWAY PARALLEL ROAD, NEXT TO BETHESDA SCHOOL, KUMARA PARK WEST BENGALURU - 560 020. &RESPONDENTS (BY SRI. UMESH M N.,ADVOCATE FOR R1 AND R2) THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.1.2026 PASSED ON I.A.NO.I IN OS.NO. 404/2026 ON THE FILE OF THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-14), BENGALURU, ISSUING SUIT SUMMONS AND EMERGENT NOTICE ON I.A.NO. 1. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18777 MFA No. 1964 of 2026 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT The present Miscellaneous First Appeal is directed against the order dated 19.01.2026 passed on I.A.No.1 in O.S.No.404/2026 pending on the file of the XXXI Additional City Civil and Sessions Judge (CCH-14), Bengaluru (for short 'the trial Court'), wherein the application filed by the appellant/plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC seeking temporary injunction restraining the defendants, from publishing defamatory statements against the plaintiff, its directors or any other persons associated with it, in any form of media, came to be not considered. 2. The trial Court upon consideration of the said application, observed that the plaintiff had not made out a prima-facie case for grant of an ex-parte temporary injunction and further held that the issuance of notice on I.A.No.1 to the defendants would not defeat the purpose of the application. Accordingly, the trial Court issued suit - 4 - HC-KAR NC: 2026:KHC:18777 MFA No. 1964 of 2026 summons and emergent notice on I.A.No.1 to the defendants. 3. Learned counsel appearing for the appellant submits that the appellant had earlier approached this Court in W.P.No.2482/2026, assailing the order of the trial Court issuing notice without granting an ad-interim temporary injunction and the petitioner had interim protection by order dated 28.01.2026. It is submitted that upon disposal of the writ petition with liberty to avail appropriate remedy, the appellant has preferred the present appeal. It is submitted that the respondents are making defamatory statements against the appellant company, its Directors and associated persons and unless an order of temporary injunction is granted, the appellant would suffer irreparable loss and injury. It is also submitted that this Court on 12.03.2026 has granted an ad interim temporary injunction restraining the respondents from publishing any defamatory material and - 5 - HC-KAR NC: 2026:KHC:18777 MFA No. 1964 of 2026 the said interim protection deserves to be continued till disposal of I.A. pending before the trial Court. 4. Learned counsel appearing for respondent Nos.1 and 2 submits that the present appeal is directed only against non-grant of an ex-parte temporary injunction by the trial Court. It is contended that the respondents have already entered appearance before the trial Court and filed their objections to I.A.No.1 as well as the suit on 05.03.2026 and the application is presently pending adjudication. It is further submitted that the grant of continuation of an ex-parte injunction granted by this Court, without affording an opportunity of hearing to the respondents would cause prejudice and the matter ought to be decided on I.A.No.1 by the trial Court. 5. This Court has carefully considered the submissions and perused the materials placed on record. 6. It is undisputed that the trial Court has declined to grant an ex-parte temporary injunction and has instead - 6 - HC-KAR NC: 2026:KHC:18777 MFA No. 1964 of 2026 ordered notice of suit summons and emergent notice on I.A.No.1 to the defendants, holding that such issuance would not defeat the object of the application. It is also not in dispute that the defendants have entered appearance and filed their objections, and the application for temporary injunction is presently pending adjudication. 7. The materials placed on record further discloses that the appellant had a benefit of temporary injunction in W.P.No.2482/2026 till its disposal and subsequently this Court by order dated 12.03.2026, having regard to the submission made and material available granted an ad- interim temporary injunction restraining the respondents from publishing any defamatory statements against the appellant-company, its Directors or persons associated with it in any form of media till next date of hearing. The order dated 12.03.2026 is culled out for ready reference: "Having regard to the submission made and the material on record, there shall be an ad interim temporary injunction restraining the respondents, their men, henchmen, servants, agents, or any persons or persons claiming under or through them - 7 - HC-KAR NC: 2026:KHC:18777 MFA No. 1964 of 2026 from in any manner publishing any kinds of defamatory statements against the plaintiff, its directors, or any other persons associated with the plaintiff in any newspaper, digital media platforms, news channels, and social media platforms, till the next date of hearing." 8. Having regard to the fact that the appellant has already been granted ad interim temporary injunction restraining the respondents-defendants from publishing any kind of defamatory statements against the plaintiff and its Directors or any other persons associated with it, this Court deems it appropriate to continue the said protection till consideration and disposal of I.A.1 pending before the trial Court, while leaving open to the trial Court to dispose of the application on its merits and accordingly this Court pass the following: ORDER i) The Miscellaneous First Appeal stands disposed of. - 8 - HC-KAR NC: 2026:KHC:18777 MFA No. 1964 of 2026 ii) The interim temporary injunction granted by this Court shall continue till the disposal of I.A.No.1 in O.S.No.404/2026. iii) The trial Court to consider and dispose of I.A.1 as expeditiously as possible. iv) Till such consideration, the interim protection shall remain in force. v) It is made clear that the trial Court shall decide I.A.1 independently and on its own merits without being influenced by any of the observations made in this order. vi) The trial Court shall also make an endeavor to dispose of the suit expeditiously. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 8