- 1 - HC-KAR NC: 2026:KHC:5986 WP No. 33664 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.33664 OF 2025 (GM-CPC) BETWEEN: 1. M/S ABHEDYA AERO METAL TREATMENTS A PARTNERSHIP FIRM DULY REGISTERED UNDER INDIAN PARTNERSHIP ACT HAVING ITS OFFICE AT NO.138/1 MB2/1, MARUTHI COMPLEX NEAR RASHI, MACHOHALLI, BANGALORE-562 130 REP. BY ITS AUTHORIZED SIGNATORY AND MANAGING PARTNER, SRI. JAGADEESHA H.K 2. SRI. JAGADEESHA H.K. S/O KANTHESHAPPA AGED ABOUT 42 YEARS, RESIDING AT NO.29, HEBBALI HOSADURGA TALUK, CHITRADURGA-577 554 3. SRI. N.B. MADHU, W/O JAGADEESHA H.K. AGED ABOUT 37 YEARS, RESIDING AT NO.29, HEBBALI HOSADURGA TALUK, CHITRADURGA-577 554 …PETITIONERS (BY SRI. VIVEK S. REDDY, SENIOR COUNSEL APPEARING FOR; SRI. SUBBA REDDY K N., ADVOCATE) AND: 1. M/S ALCOATS UNIT 1-PLOT NO.242 Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5986 WP No. 33664 of 2025 HEBBAL INDUSTRIAL AREA MYSORE AND UNIT-2 PLOT NO.38P-1A, 3RD PHASE, KOORGALLI INDUSTRIAL AREA, MYSORE-570018 A REGISTERED PARTNERSHIP FIRM, DULY REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, REPRESENTED BY ITS PARTNERS, H.K. BABU RAMESH, S/O H.R. BAPU KRISHNAMURTHY AGED ABOUT 73 YEARS. 2. SRI. MANOHARA H.R., S/O RAMAKRISHNEGOWDA H.T, AGED ABOUT 40 YEARS, RAT NO.120/E, HOSAHALLI VILLAGE, RAM TEMPLE ROAD, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 606 3. SMT. RANJITHA, W/O SRI. MANOHARA H.R, AGED ABOUT 31 YEARS, RAT NO.120/E, HOSAHALLI VILLAGE, RAM TEMPLE ROAD, SRIRANGAPATNA TALUK, MANDYA DISTRICT-571 606 …RESPONDENTS (BY SRI. MANU KULKARNI, ADVOCATE FOR SRI. GIRISH KUMAR B.M., ADVOCATE FOR C/R1) THIS W.P. IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING FOR A DIRECTION TO SET ASIDE THE IMPUGNED ORDER DTD. 08.10.2025 IN M.A.NO.90/2025 PASSED ON THE FILE OF THE VI ADDL. SENIOR CIVIL JUDGE AND JMFC AT MYSURU PRODUCED AS ANNX-A. 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:5986 WP No. 33664 of 2025 ORAL ORDER This petition by defendant Nos.1, 4 and 5 in O.S.No.662/2025 is directed against the impugned order dated 21.07.2025 passed by the Trial Court granting temporary injunction in favour of respondent No.1-plaintiff against the petitioners and other defendants, which was confirmed by the First Appellate Court, which dismissed M.A.No.90/2025 filed by the petitioners. 2. Learned Senior Counsel for the petitioners and learned counsel for respondent No.1-plaintiff jointly submit that the suit is posted before the Trial Court on 11.02.2025 and during pendency of the suit before the Trial Court, defendant Nos.2 and 3 had ceased to be partners of defendant No.1-firm and the said aspect has not been considered or appreciated by the Trial Court or First Appellate Court and as such, the present petition may be disposed of by setting aside the impugned orders and remitting the matter back to the Trial Court for reconsideration of I.A.No.1 afresh only as against the petitioners – defendant Nos.1, 4 and 5 and by issuing certain directions in this regard. 3. The joint submission is placed on record. - 4 - HC-KAR NC: 2026:KHC:5986 WP No. 33664 of 2025 4. In the result, I pass the following: ORDER (i) The petition is hereby disposed of. (ii) The impugned orders passed by the Trial Court and First Appellate Court are hereby modified. (iii) The impugned order dated 21.07.2025 passed on I.A.No.1 in O.S.No.662/2025 by the Trial Court and confirmed by the First Appellate Court in M.A.No.90/2025 dated 08.10.2025 insofar as it relates to granting injunction against defendant Nos.2 and 3 is hereby confirmed. (iv) The impugned order dated 21.07.2025 passed on I.A.No.1 in O.S.No.662/2025 by the Trial Court and the First Appellate Court in M.A.No.90/2025 dated 08.10.2025 insofar as they relate to granting of temporary injunction against petitioners – defendant Nos.1, 4 and 5 is hereby set aside and the matter remitted back to the Trial Court for reconsideration of I.A.No.1 afresh for temporary injunction filed by respondent No.1-plaintiff only as against the petitioners-defendant Nos.1, 4 and 5. - 5 - HC-KAR NC: 2026:KHC:5986 WP No. 33664 of 2025 (v) The Trial Court is directed to reconsider I.A.No.1 afresh and pass appropriate orders on I.A.No.1 in accordance with law within a period of one month from 11.02.2026 after providing opportunity to both parties and without being influenced by the findings and observations recorded in the impugned order or the present order. (vi) It is further directed that by way of an interim arrangement and without prejudice to the rights and contentions of the parties, the injunction granted by the impugned orders shall remain in force and operate between the parties till disposal of I.A.No.1 afresh in accordance with law. (vii) All rival contentions on all aspects of the matter are kept/left open and no opinion is expressed on merits/demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 36