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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
Bank Officers And Officials, House Building Co Operative Society Limited, Rep. By Its Chief Executive Varun N. – Appellant
Versus
B. Sharath, S/o. Bagegowda – Respondent
ORDER :
PRADEEP SINGH YERUR, J.
Heard learned counsel Sri.Krishnamurthy K.R., on behalf of the petitioner-Society and learned senior counsel Sri.Dhyan Chinnappa appearing on behalf of the Sri.R.S.Subramanya Kaushik, learned counsel for Caveator/Respondent No.1 and 2. Perused the entire writ petition papers.
2. Parties shall be referred to as plaintiff and defendants, as per their status before the trial Court.
3. This petition is filed by the plaintiff, praying to set aside the impugned order dated 04.09.2025 passed in M.A.No.89/2025 on the file of the VII Additional Senior Civil Judge and JMFC, Bengaluru Rural District at Bengaluru, whereby the First Appellate Court set aside the order passed by the trial Court in O.S.No.175/2025 whereby the trial Court had allowed I.A.No.1 filed under Order 39 Rules 1 and 2 of CPC, granting an order of temporary injunction in favour of the plaintiff-Society, restraining the defendants from interfering with the plaintiff’s peaceful possession and enjoyment of the suit schedule property, pending disposal of the suit.
4. The plaintiff filed a suit for permanent injunction against the defendants and for other reliefs. During the pendency of the suit, the
A party seeking a temporary injunction must establish a prima facie case, balance of convenience, and approach the court with clean hands; lack of evidence or lawful possession can lead to dismissal ....
The court upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
To grant a temporary injunction, a court must evaluate prima facie case, balance of convenience, and potential hardship, reaffirming that clear boundaries and ownership issues necessitate further tri....
A plaintiff must demonstrate a prima facie case, balance of convenience, and potential hardship to obtain a temporary injunction under Order XXXIX Rules 1 and 2 of CPC.
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
Temporary injunctions must align with the relief sought in the main suit; granting relief beyond this scope is impermissible.
In property disputes, possession follows title; plaintiffs established a prima facie case warranting temporary injunction despite defendants' claims.
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