- 1 - HC-KAR NC: 2026:KHC:21961 W.P. No.23775/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.23775/2021 (GM-CPC) BETWEEN: DR. PAVANAJA U.B. S/O MR. U.B. GOVINDA BHAT AGED 62 YEARS R/AT S-21, HAMSA 18TH MAIN BHARAT NAGAR, 2ND STAGE YASHWANTHAPUR HOBLI BENGALURU 560 110. …PETITIONER (BY SMT. CHITTASHREE BHAT, ADV., FOR SRI. MANMOHAN P.N. ADV.,) AND: 1. MRS. LAKSHMI G. PRASAD W/O MR. GOVINDAPRASAD AGED 48 YEARS R/AT NO.5, NANDANATHOTA MANGANAHALLI CROSS ULLAL MAIN ROAD BENGALURU - 560 110. 2. MATHRUSHRIPRAKASHANA NO.5, NANDANATHOTA MANGANAHALLI CROSS ULLAL MAIN ROAD BENGALURU - 560 110. …RESPONDENTS (R1 & R2 SERVED AND UNREPRESENTED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21961 W.P. No.23775/2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD.12.11.2021 PASSED BY THE II ADDL CIVIL JUDGE BENGALURU RURAL DISTRICT BENGALURU IN SO FAR AS DECLINING TO GRANT EX PARTE ORDER OF TEMPORARY INJUNCTION ON IA NO.1 IN O.S.NO.1038/2021 PRODUCED AT ANNEXURE-E & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed challenging the order dated 12.11.2021 passed in O.S.No.1038/2021 by the II Additional Civil Judge, Bengaluru Rural District, Bengaluru (for short, 'the trial Court'). 2. Smt.Chittashree Bhat, learned counsel for Sri.Manmohan P.N., learned counsel for the petitioner- plaintiff submits that the petitioner has filed a suit against the respondents-defendants for injunction seeking restraining the defendants from printing, publishing and selling the book with the contents and writings, publishing articles in print or electronic media aiming to defame the reputation of the petitioner. In the said suit, an application - 3 - HC-KAR NC: 2026:KHC:21961 W.P. No.23775/2021 for temporary injunction was filed. However, the trial Court, without appreciating the urgency and nature of relief sought, only ordered issuance of notice to the defendants, which compelled the petitioner to file this petition. It is submitted that the application filed by the petitioner seeking temporary injunction is still pending before the trial Court and defendants remained exparte, hence, a direction may be issued to the trial Court to expeditiously consider the application for temporary injunction. Hence, she seeks to allow the appeal. 3. Though the notice is served to the respondents, there is no representation on behalf of the respondents, they remained absent. 4. I have heard the arguments of the learned counsel for the petitioner and perused the material available on record. 5. The petitioner-plaintiff filed the suit in O.S.No.1038/2021 for the relief of perpetual prohibitory - 4 - HC-KAR NC: 2026:KHC:21961 W.P. No.23775/2021 injunction against the respondents-defendants restraining them from writing, publishing articles, giving interviews, posting comments on social media, print media or televisions or in the form of books, articles etc., aiming to defame, lower and damage the honour, dignity, reputation of the petitioner-plaintiff. In the said suit, an application in I.A.No.1 under Order XXXIX Rules 1 and 2 of CPC was filed seeking temporary injunction. The trial Court, vide order dated 12.11.2021 ordered issuance of notice and deferred the consideration of the I.A.No.1. It is to be noticed that this writ petition is pending since 17.12.2021 and the respondents-defendants have not appeared in this proceedings. Hence, in my considered view the petitioner's application under Order XXXIX Rule 1 and 2 of CPC which is pending before the trial Court needs to be considered by the trial Court on its merits and in accordance with law. Hence, I proceed to pass the following : ORDER i. Writ petition is allowed. - 5 - HC-KAR NC: 2026:KHC:21961 W.P. No.23775/2021 ii. The trial Court is directed to consider I.A.No.1 filed by the petitioner-plaintiff under Order XXXIX Rule 1 and 2 of CPC in accordance with law. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 7