Defendants 2 and 3 in a suit challenged an ex-parte temporary injunction and the Trial Court's failure to consider their objections and Order VII Rule 11 rejection-of-plaint application. The High Court disposed of the petition directing the Trial Court to decide I.A.Nos.1 and 2 within one month after hearing both sides.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:1618 WP No. 978 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 978 OF 2024 (GM-CPC)
BETWEEN:
S/O SRI M S NAGARAJA RAO JOINT MANAGING DIRECTOR OF
THE MAYA VENTURE (P) LTD., AGED ABOUT 37 YEARS, R/AT NO.997, J P NAGAR, 22ND MAIN, 2ND PHASE, BANGALORE 560 078.
…PETITIONERS
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
(BY SRI. SWAROOP ANAND R.,ADVOCATE)
AND:
BOTH BEING THE R/O NO.25/42, 3RD FLOOR, 3RD MAIN, 7TH CROSS, RAMAKRISHNA NAGAR, J P NAGAR POST, BANGALORE 560 078.
NC: 2024:KHC:1618 WP No. 978 of 2024
S/O LATE B K DEVARAJ, AGED ABOUT 70 YEARS, R/AT NO.11-12, 5TH MAIN, 5TH BLOCK, JAYANAGAR, BANGALORE 560 041.
…RESPONDENTS THIS W.P IS FILED UNDER ARTYICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE AD-INTERIM ORDER DT. 03/02/2023 IN OS NO. 789/2023 PASSED BY LD. XXV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH 23), PRODUCED AT ANNEXURE-C AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioners – defendants 2 and 3 in O.S.No.789/2023 on the file of The XXV Addl. City Civil Judge, Bangalore are aggrieved by adding to an ex-parte temporary injunction dated 04.02.2023 passed by the Trial Court in favour of respondents 1 and 2 – plaintiffs against the petitioners – defendants 2 and 3.
NC: 2024:KHC:1618 WP No. 978 of 2024
It is also submitted that the matter is set out for hearing on
12.01.2024.
made by the learned counsel for the petitioners, in the light of the fact that I.A.No.1 for temporary injunction is yet to be disposed of by the Trial Court and I.A.No.2 petitioners under Order VII Rule11 of CPC is still pending adjudication, I deem it just and appropriate to dispose of this petition directing the Trial Court to consider and pass appropriate orders on I.A.No.1 and 2 after hearing both sides as expeditiously as possible and at any date within a period of one month from 12.01.2024.
open and no opinion is expressed on the same.
DHA List No.: 1 Sl No.: 47
Sd/JUDGE
1 issue framed by the court
Whether the Trial Court should be directed to decide the temporary injunction application and Order VII Rule 11 application pending in O.S.No.789/2023.
1 provisions across 1 enactments
M N Karthik
Rathna Nagaraj
B R Srinivas
B S Darshan
D Ramesh
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
