- 1 - HC-KAR NC: 2026:KHC:966 WP No. 30051 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 30051 OF 2025 (GM-CPC) BETWEEN: 1. M/S SANJEEVINI HEALTHCARE A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.1 AND 2 GAURAV COMPLEX 1ST ‘A’ CROSS, KUNDANAHALI (BEHIND INDIAN OVERSEAS BANK) BENGALURU – 560 037 REP. BY ITS AUTHORISED REPRESENTATIVE OF ITS PARTNER DR. PRADEEP KUMAR T J S/O LATE T. K. JANAKIRAMULU NAIDU AGE ABOUT 54 YEARS 2. M/S BROOKEFIELD HOSPITAL (A UNIT OF BROOKEFIELD SANJEEVINI HOSPITAL PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT SY NO 123/1 KHATA NO. 736 VIJAYALAKSHMI SQUARE KUNDALAHLALLIL MAIN ROAD WHITEFIELD, BENGALURU – 560 037 REP. BY ITS AUTHORISED REPRESENTATIVE AND ITS DIRECTOR DR. PRADEEP KUMAR T. J. S/O LATE T. K. JANAKIRAMULU NAIDU AGE ABOUT 54 YEARS …PETITIONERS (BY SRI. LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE) AND: 1. M/S VIJAYALAKSHMI AND ASSOCIATES A PARTNER SHIP FIRM Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:966 WP No. 30051 of 2025 REP. BY ITS PARTNER MRS. V. VIJAYALAKSHMI W/O NOT KNOWN TO THE PETITIONERS AGE NOT KNOWN TO THE PETITIONER 2. MRS. T. SREELATHA W//O NOT KNOWN TOTHE PETITIONERS AGE ABOUT NOT KNOWN TOTHE PETILTIONERS 3. MR. M. PRATHAP REDDY S/O NOT KNOWN TOTHE PETITIONER AGE NOT KNOWN TO THE PETITIONERS 4. MR M. KIRAN KUMAR W/O NOT KNOWN TO THE PETITIONERS AGE ABOUT KNOWN TOTHE PETITIONERS HAVING ITS OFFICE AT NO.90, 3RD CROSS, BHUVANESHWARI NAGAR C. V. RAMAN NAGAR POST, BENGALURU – 560 093 …RESPONDENTS (BY SRI. NAYANA TARA B.G., ADVOCATE FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER, DIRECTION, WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 26.09.2025 THE EXTENT OF REFUSING GRANT EXPARTE ORDER OF TEMPORARY INJUNCTION IN COM.OS NO.1361/2025 ON IA NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 OF THE CPC BY THE LEARNED LXXXIX ADDL.CITY CIVIL AND SESSIONS JUDGE (DEDICATED TO COMMERCIAL COURTS) (CCH NO.90, BENGALURU, VIDE ANNEXURE-A FILED IN COMM.O.S.NO.1361/2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2026:KHC:966 WP No. 30051 of 2025 ORAL ORDER In this petition, the petitioners seek the following reliefs: “(a) CALL for the records which resulted in passing the impugned order datd 26.09.2025 made in Com.OS No.1361/2025 on IA No.2 filed under Order 39 Rule 1 and 2 of the CPC by the learned LXXXIX Addl. City Civil and Sessions Judge (Dedicated to Commercial Courts) CCH No.90, Bengaluru, vide Annexure-A; (b) ISSUE an order, direction, Writ in the nature of CERTIORARI quashing the impugned order dated 26.09.2025 the extent of refusing grant exparte order of temporary injunction in Com.OS No.1361/2025 on IA No.2 filed under Order 39 Rule 1 and 2 of the CPC by the learned LXXXIX Addl. City Civil and Sessions Judge (Dedicated to Commercial Courts) (CCH No.90, Bengaluru, vide Annexure-A filed in Comm.O.S.No.1361/2025; (c) ISSUE any writ, order or directions restraining the Respondent, their men, their agents their representatives or any person or persons acting under or through them from in any way interfering with the lawful possession and enjoyment of the Schedule Property and further restraining them from disconnecting the water and electricity supplies to the Schedule Property as prayed for in IA No.2 filed in Com.OS No.1361/2025; and (d) ISSUE such other relief or reliefs as this Hon’ble Court deems fit in the facts and circumstances of the case including awarding the cost to the Petitioners in the interest of justice.” 2. Heard learned counsel for the petitioners and learned counsel for respondents and perused the material on record. - 4 - HC-KAR NC: 2026:KHC:966 WP No. 30051 of 2025 3. A perusal of the material on record will indicate that the petitioners-plaintiffs instituted the instant suit in Com.O.S.No.1361/2025 for Specific Performance of Contract and other reliefs in relation to the suit schedule immovable property. Along with the suit, the petitioner having filed an application, I.A.No.2 seeking an ad interim order of temporary injunction, the same having been declined by the Trial Court, the petitioner approached this Court by way of the present petition, in which this court passed an interim order dated 10.10.2025, which reads as under: “ Heard learned counsel for petitioners. 2. Issue notice to the respondents. 3. I.A. No.2 is filed by the petitioners/plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure seeking Temporary Injunction restraining the defendants, their men, their agents, their representatives or any persons acting under or through them from interfering with their lawful possession and enjoyment of the suit schedule property and also to restrain them from disconnecting the electricity and water supply to the suit schedule property, till disposal of the suit. The said application filed by the petitioners/plaintiffs was not favoured and the trial Court issued notice prior to passing of the order of injunction. Aggrieved by which, the petitioners are before this Court. - 5 - HC-KAR NC: 2026:KHC:966 WP No. 30051 of 2025 4. Learned counsel for petitioners has brought to the notice of the Court the lease deed (Annexure-D) executed by the respondents/ defendants in favour of the petitioner No.1/plaintiff No.1, wherein it is stated that the lease shall be in force for a period of 15 years from 1.10.2010 and beyond the said period of 15 years, the lease shall be renewable. 5. In the affidavit accompanying the application, it is stated that the respondents are making attempts to interfere with the peaceful possession and enjoyment of the suit schedule property by the petitioners. It is also stated in the affidavit that in the suit schedule property, petitioners are running a hospital and more than 80 employees, doctors, nurses and para-medical staff are working in the hospital and more than 200 out-patients coming to the hospital for taking treatment per day. On an average, dialysis is conducted for more than 500 persons suffering from kidney ailments. There is a likelihood of disconnection of electricity and water supply affecting day to day running of the hospital. On these grounds, learned counsel seeks for grant of Temporary Injunction in favour of the petitioners. 6. The three ingredients to be seen by the Court while considering the application for Temporary Injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure are prima facie case; balance of convenience; and hardship that would be caused to the aggrieved party. 7. Being satisfied with the reasons stated in the affidavit accompanying the application and having regard to the submissions of learned counsel for petitioners, this - 6 - HC-KAR NC: 2026:KHC:966 WP No. 30051 of 2025 Court is of the opinion that there is a prima facie case made out by the petitioners and balance of convenience tilts in favour of the petitioners and so also more hardship and inconvenience would be caused to the petitioners rather than respondents/defendants, if the interim order is not granted to the petitioners at this stage. 8. In view of the above, this Court deems it appropriate to pass the following: O R D E R 9. There shall be an exparte ad-interim order of Temporary Injunction restraining the respondents/defendants, their men, their agents, their representatives or any persons acting under or through them from interfering with the peaceful possession and enjoyment of the suit schedule property by the petitioners/plaintiffs and so also respondents are restrained from disconnecting electricity and water supply to the suit schedule property, till the next date of hearing. 10. Petitioners shall comply the provisions of Order – XXXIX Rule – 3 of the Code of Civil Procedure.” 4. Thereafter, the respondents-defendants entered appearance and filed written statement and objections and the suit is posted before the Commercial Court on 27.02.2026. Learned counsel for both sides submits that the suit in Comm.O.S.No.1361/2025 may be directed to be preponed from 27.02.2026 to any date in the week commencing from 12.01.2026 - 7 - HC-KAR NC: 2026:KHC:966 WP No. 30051 of 2025 and by directing the Trial Court to consider and pass appropriate orders on I.A.No.2, in accordance with law. It is further submitted that till disposal of I.A.No.2 by the Trial Court as stated supra, the interim order dated 10.10.2025 passed by this Court may be continued and the Commercial Court may be directed to dispose of the suit on merits without being influenced by the observations made in the aforesaid interim order dated 10.10.2025 and in the present order. 5. In view of the aforesaid facts and circumstances and the joint submissions made by both sides, I deem it just and appropriate to dispose of this petition by issuing certain directions. 6. In the result, I pass the following: ORDER (i) The petition is allowed. (ii) The Commercial Court is directed to prepone the suit, Com.O.S.No.1361/2025 from 27.02.2025 to any date in the week commencing from 12.01.2026. (iii) Liberty is reserved in favour of parties to file appropriate advancement/preponement application - 8 - HC-KAR NC: 2026:KHC:966 WP No. 30051 of 2025 to enable Commercial Court to fix the date of hearing. (iv) The Trial Court is directed to dispose of I.A.No.2 on merits, within a period of two weeks from the next date of hearing to be fixed by the Commercial Court. (v) The Commercial Court shall dispose of I.A.No.2, in accordance with law, within a period of two weeks from the next date to be fixed by the Trial Court, without being influenced by the findings and observations, if any, recorded in the interim order dated 10.10.2025 or in the present order. (vi) The interim order dated 10.10.2025 passed in the present petition shall continue to remain in force and operate between the parties, till disposal of I.A.No.2 without prejudice to the rights and contentions of the parties. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 95