M/S. Jampana Construction Private Limited Vs Sri. Muniyappa

M/S. JAMPANA CONSTRUCTION PRIVATE LIMITED HAVING ITS REGISTERED ADDRESS AT NO. 54, ANTHAPURA ROAD, BEHIND RAMANASHREE CALIFORNIA RESORT, OFF DODDABALLAPUR ROAD, YELAHANKA, BANGALORE - 560064 REPRESENTED BY ITS GENERAL MANAGER B N RAMAKRISHNA REDDY Incorporated under the Companies Act, 1956

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…PETITIONER

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(BY SRI.S.SRIRANGA, SR. COUNSEL FOR SRI. SUMANA NAGANAND, ADVOCATE)

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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AND:

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SRI. MUNIYAPPA S/O PILLAPPA @ DODDAPILLAPPA AGED ABOUT 70 YEARS

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SMT. MUNITHAYAMMA D/O PILLAPPA @ DODDAPILLAPPA AGED ABOUT 68 YEARS

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SMT. KEMPAMMA D/O PILLAPPA @ DODDAPILLAPPA AGED ABOUT 65 YEARS

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SRI. RAJANNA S/O PILLAPPA @ DODDAPILLAPPA

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HC-KAR

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NC: 2026:KHC:36559 WP No. 21324 of 2026

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CNR: KAHC010467902026

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AGED ABOUT 56 YEARS

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SRI. RAMAIAH S/O PILLAPPA @ DODDAPILLAPPA AGED ABOUT 56 YEARS

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SRI. SHIVAPPA S/O PILLAPPA @ DODDAPILLAPPA AGED ABOUT 52 YEARS

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SRI. CHIKKAMUNIYAPPA S/O PILLAPPA @ DODDAPILLAPPA AGED ABOUT 47 YEARS

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RESPONDENTS NO.1 TO 7 ARE RESIDING AT RAMGONDANAHALLI VILLAGE, YELAHANKA HOBLI AND TALUK, BANGALORE - 560064

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SMT. AKKAMMA D/O PILLAPPA @ CHIKKAPILLAPPA W/O LATE MUNIRAJU, AGED ABOUT 63 YEARS, R/AT 19^TH 17^TH CROSS, KANAKANAGAR, BANGALORE NORTH TALUK, BANGALORE - 560032.

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SRI. KRISHNAPPA S/O PILLAPPA @ CHIKKAPILLAPPA AGED ABOUT 56 YEARS R/AT RAMGONDANAHALLI VILLAGE YELAHANKA HOBLI AND TALUK BANGALORE 56 0064

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SMT. LAKSHMAMMA D/O PILLAPPA @ CHIKKAPILLAPPA W/O NARAYANASWAMY AGED ABOUT 50 YEARS, R/AT JYOTHIPURA VILLAGE, MANDUR,

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3 - NC: 2026:KHC:36559 WP No. 21324 of 2026

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HC-KAR

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CNR: KAHC010467902026

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BANGALORE EAST TALUK

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SRI. MUNIRAJU S/O PILLAPPA @ CHIKKAPILLAPPA R/AT RAMGONDANAHALLI VILLAGE, AGED ABOUT 45 YEARS YELAHANKA HOBLI AND TALUK BANGALORE - 56 0064

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SRI. MUNIVEERAPPA S/O PILLAPPA @ CHIKKAPILLAPPA AGED ABOUT 43 YEARS R/AT RAMGONDANAHALLI VILLAGE YELAHANKA HOBLI AND TALUK BANGALORE 56 0064

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SRI. SATHISHA S/O PILLAPPA @ CHIKKAPILLAPPA AGED ABOUT 33 YEARS R/AT RAMGONDANAHALLI VILLAGE, YELAHANKA HOBLI AND TALUK BANGALORE 56 0064

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SRI. SRINIVASARAJU S/O J. SATHYANARAYANA RAJU, AGED ABOUT 58 YEARS, RESIDING AT NO. 24, MANCHANAHALLI, NEAR NITTE MEENAKSHI COLLEGE BANGALORE NORTH A F STATION, YELAHANKA, BANGALORE - 560063

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…RESPONDENTS

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN O.S.NO.405/2025 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL, AT BENGALURU, SET ASIDE THE ORDER DATED 03.03.2025 (ANNEXURE - W) PASSED ON I.A.NO.2/2024 AND GRANT AN ORDER OF EXPARTE TEMPORARY INJUNCTION AGAINST THE RESPONDENTS AND ETC.

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HC-KAR

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NC: 2026:KHC:36559 WP No. 21324 of 2026

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CNR: KAHC010467902026

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The petitioner is before this Court questioning the Order

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dated 03.03.2025 passed by the Principal Senior Civil Judge, Bangalore Rural in O.S. No.405/2025, wherein the Court has issued suit summons on I.A. No.1 and 2. It is submitted that in the light of the urgency, an ad interim injunction was sought. The Trial Court, instead of considering the same on the merits of the matter, issued suit summons.

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Learned counsel has relied upon the judgment of co-ordinate bench of this Court in Dhalitha Vividha GramodyogaKaigarikaSahakara Sanga Niyamitha (R) Vs Samatha Sainika Dal SSD , arising out of W.P.No.35488/2025(GM-CPC)dated 09.12.2025, whereby

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Co-ordinate Bench of this Court has observed as follows:

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"6. This Court does not find any need or necessity to issue notice to the respondentdefendant for the reason that the petitioner is questioning the non-passing of the order on the application in IA.No.1, wherein the trial Court has neither passed any order for

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HC-KAR

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NC: 2026:KHC:36559 WP No. 21324 of 2026

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CNR: KAHC010467902026

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grant of an ad interim ex parte order of temporary injunction or for rejection of the same.

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7. When an application is filed under Order XXXIX Rules 1 and 2 of CPC by the plaintiff along with the plaint seeking an ad interim ex parte order of temporary injunction, it becomes the duty and obligation of the trial Court to consider the same and pass suitable orders either granting or rejecting the ad interim ex parte order of temporary injunction. This Court in the case of Karnataka State Cricket Association vs. Mr.Shashidhara A.V. in WP.No.33725/2025 [Decided on 17.11.2025] has made certain observations and guidelines as to how the trial Court has to deal with an application filed under Order XXXIX Rules 1 and 2 of CPC. It is not optional for the trial Court to merely issue notice to the defendant before passing an interim order of temporary injunction against the defendant.

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8. The trial Court will also have to consider judgments of the Hon'ble Apex Court in the cases of Shiv Kumar Chadha vs. Municipal Corporation of Delhi and others reported in (1993)3 SCC 161, Time City Infrastructure and Housing Limited Lucknow vs. State of U.P. and Others reported in 2025 SCC Online SC 1674 and the judgment of the Coordinate Bench of this Court in the case of Vedant Fashions Pvt. Ltd., vs. Smt.Rajul Devi reported in 2014 SCC OnLine Kar 7191 while deciding the application under Order XXXIX Rules 1 and 2 of CPC.

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9. It is brought to the notice of this Court that notice is yet to be served on the defendant. Therefore, it would be appropriate for this Court to direct the trial

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HC-KAR

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NC: 2026:KHC:36559 WP No. 21324 of 2026

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CNR: KAHC010467902026

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Court to decide the application either granting or rejecting an ad interim ex parte order of temporary injunction by providing proper reasons."

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In the light of the contentions of the learned Senior

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counsel and also considering the judgment of the co-ordinate

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bench of this Court in Dhalitha Vividha GramodyogaKaigarika

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Sahakara Sanga Niyamitha (R) (supra) , this Court is passing the following:

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ORDER

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(i) The Writ Petition is disposed of directing the

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Trial Court to consider I.A.No.1 and 2 within a period of 1 week from the date of receipt of certified copy of this order, notwithstanding the fact that the suit summons are not served on the defendants.

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(ii) All pending I.As., in the Writ Petition shall stand disposed of.

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SD/(LALITHA KANNEGANTI) JUDGE

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GVP-List No.: 1 Sl No.: 27

M/S. Jampana Construction Private Limited v. Sri. Muniyappa

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M/S. Jampana Construction Private Limited v. Sri. Muniyappa

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