Smt. Muniyamma v. Sri S M Shivashahnkar
Case brief
What is this about?
Article 227 writ petition (GM-CPC) by plaintiffs in O.S. No.123/2016, Anekal; ex-parte temporary injunction granted 02.02.2016 vacated on 19.02.2025 due to absence of plaintiffs' counsel; Karnataka HC allowed the petition, quashed the vacation order, extended the interim injunction till disposal of Order XXXIX Rules 1 & 2 CPC and Order XXXIX Rule 4 CPC applications, and imposed a 15.04.2026 deadline on the Trial Court for deciding them. Keywords: temporary injunction vacatur, restoration of injunction, quashing of order, time-bound disposal, civil suit interlocutory orders, Sollepura/Anekal, Bangalore Urban.
What did the court decide?
Writ petition allowed: impugned order dated 19.02.2025 vacating the ex-parte temporary injunction quashed; ex-parte temporary injunction granted on 02.02.2016 extended till disposal of the plaintiffs' application under Order XXXIX Rules 1 and 2 CPC and the defendant's application under Order XXXIX Rule 4 CPC; Trial Court directed to decide both applications on or before 15.04.2026; pending applications disposed of.