Sri Munikrishnappa Vs M Manickam

THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TOQUASHING THE EX PARTE INTERIM ORDER DTD 10.11.2025 PASSED ON IA NO. 1 IN OS NO. 3186/2025 ON THE FILE OF THE CIVIL JUDGE AND JMFC AT K.R. PURAM BANGALORE ANX-J URGENCY IS THAT IN MATTER WHEN THE PETITIONER HAS TO BE GET THE RELIEF

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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 MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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This petition by defendant No.2 in O.S.3186/2025, is directed against the impugned order dated 10.11.2025 passed on I.A.No.1, whereby the trial Court granted an ad interim ex-parte order of temporary injunction in favour of the respondent No.1-plaintiff against the petitioner-defendant No.2 and other defendants.

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Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

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When the matter came up before this Court on 26.12.2025, this Court passed the following interim order:

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NC: 2026:KHC:6630 WP No. 39131 of 2025

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HC-KAR

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“Office objections shall be complied within two weeks.

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Issue emergent notice showing the returnable date as 09.01.2026.

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Learned counsel for the petitioner shall also serve the respondents through the counsel appearing for the respondents before the trial court and file proof of such service before the next date of hearing.

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Learned counsel for the petitioner submits that the vendor of the first respondent, who is the plaintiff before the trial Court, did not have absolute right, title or interest to alienate the suit property. It is further submitted that the trial Court has granted an ex-parte order of temporary injunction in the suit filed by the first respondent and the petitioner, who is arrayed as defendant No.2, has entered appearance before the trial Court and filed his objections to the application for injunction and the trial Court has already heard the arguments on the said application.

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Pending orders of the trial Court on the said application, the plaintiff is aggressively putting up construction in the suit property. Photographs have been produced as Exhibit-N series to demonstrate the construction activity being carried on by the first respondent/plaintiff.

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In view of the aforementioned, pending consideration of the present writ petition, first respondent is

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NC: 2026:KHC:6630 WP No. 39131 of 2025

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HC-KAR

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restrained from putting up further construction in the suit property.

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List on 09.01.2026.

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Hand delivery permitted.”

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Learned counsel for respondent No.1 submits that the

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since the trial Court has posted the matter for pronouncement of orders on I.A.No.1 on 26.02.2026, the present petition may be disposed of by continuing the interim order till disposal of I.A.No.1 by the trial Court.

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In view of the aforesaid facts and circumstances, I

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deem it just and appropriate to dispose of this petition directing the trial Court to pronounce orders on I.A.No.1 on 26.02.2026 and if not pronounced on that day, within a period of 15 days from 26.02.2026.

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It is further directed that till disposal of I.A.No.1 by the trial Court, the interim order passed by this Court shall continue to remain in force and operate between the parties without prejudice to their rights and contentions.

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