M/S Skc Pro Ventures v. Channa Keshava Reddy
Case brief
What is this about?
WP No. 5207 of 2025 (GM-CPC), High Court of Karnataka, decided 21-02-2025 by H.T. Narendra Prasad, J. Article 227 petition by defendants (SKC Pro Ventures and Pushpam Realty) against exparte temporary injunction dated 08.11.2024 in O.S.No.801/2024 (Civil Judge & JMFC, Anekal) dismissed for failure to first apply under Order 39 Rule 4 CPC to the Trial Court. Keywords: alternate remedy, exparte temporary injunction, Order 39 Rule 4 CPC, non-exhaustion.
What did the court decide?
A defendant aggrieved by an exparte order of temporary injunction granted by the Trial Court has an alternate remedy of an application under Order 39 Rule 4 of CPC before the Trial Court, and that remedy must be exhausted before approaching this Court under Article 227. ¶30