IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR, J.
Ramola U.S. D/o Shanmukha – Appellant
Versus
B.I. Hemanth Kumar S/o Indu Shekar – Respondent
Writ Petition No. 33446 of 2025
Decided On : 07-11-2025
| Table of Content |
|---|
| 1. temporary injunction granted to plaintiff (Para 5 , 6) |
| 2. petitioner filed for extension of injunction (Para 7 , 8) |
| 3. interim order continues unless vacated (Para 9 , 10) |
| 4. actions during non-extension not disobedience (Para 11) |
| 5. court allows continuance of interim order (Para 12) |
ORDER :
1. Heard learned senior counsel - Sri Sreevatsa on behalf of learned counsel - Sri Mahesh R.D. for petitioner.
2. The reliefs that were sought in the present petition are as under:
(i) Direct the Learned XI Addl. City Civil & Sessions Judge, Bengaluru, to forthwith consider and dispose of I.A. No.6 filed under Section 151 of the Code of Civil Procedure, 1908, seeking continuation of the Interim Order dated 24.11.2023 in OS 7598/23 vide Annexure-A,, within a time frame to be fixed by this Hon'ble Court.
(ii) Issue such other writ, order or direction as deem fit in the circumstances of the case in the interest of justice and equity.
3. This Court does not find any need to issue notice to the respondents as the only relief that is sought in the present writ petition is to direct the trial Court to dispose of I.A. No.6 in a time bound manner.
4. Parties are referred to as per their ranking before the trial Court.
5. It is the case of petitioner that he filed a suit for permanent prohibitory injunction in O.S. No.7598/2023 against the respondents. Alongwith the suit, an application came to be filed under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure for an ad interim exparte order of Temporary Injunction restraining the respondents, their agents, servants or anybody claiming through them from telecasting/broadcasting/publishing/ disseminating/distributing anything in negative form referring to the plaintiff, which is defamatory in nature.
6. The trial Court being satisfied with the submissions made by learned counsel for petitioner/plaintiff, granted an exparte ad-interim order of Temporary Injunction against defendant Nos.1 to 58. The said order reads as under:
"The defendants No.1 to 58 are hereby restrained from telecasting or broadcasting or publishing any defamatory articles/statements, damaging the reputation of the plaintiff, till next date of hearing.
However, this order would not come in the way of the defendants in publishing any true and authenticated news, without making any defamatory remarks against the plaintiff.
Issue order of temporary injunction, emergent notice on I.A.No.1 and suit summons to the defendants No.1 to 58, after compliance of Order XXXIX Rule 3(a) of CPC, returnable by 17.01.2024."
7. It is the contention of learned senior counsel appearing for petitioner that from the date of granting the interim order on 24.11.2023, the trial Court extended the said interim order from time to time till 27.1.2025, on the basis of the application for extension of the interim order filed by the plaintiff on every date of hearing. It is contended that on 27.1.2025 due to inadvertence, an application for extension of interim order dated 24.11.2023 was not filed and as such, the interim order dated 24.11.2023 was not extended since 27.1.2025 till date. Pursuant to which, the respondents have again started to telecast, broadcast and publish defamatory statements against the petitioner in the social media, copies of which are produced before the Court.
8. It is contended that on 22.9.2025, the petitioner filed I.A. No.6 under section 151 of CPC seeking to continue the interim order dated 24.11.2023. The trial Court posted the said case for objections to I.A. No.6. Aggrieved by not extending the interim order till disposal of I.A. No.6, the petitioner/plaintiff is before this Court.
9. It is the contention of learned senior counsel for petitioner that due to inadvertence, an application for extension of the interim order dated 24.11.2023 was not filed on 27.1.2025, due to which the interim order was not extended. He contends that the trial Court neither discontinued the interim order nor vacated the interim order. Under such
Interim orders under the Code of Civil Procedure continue until revoked, emphasizing the necessity for timely extensions to maintain protective measures against potential harm.
Trial courts must evaluate all materials presented in applications for injunctions and provide clear reasoning for their decisions, especially when considering ad-interim orders.
The failure to record reasons for granting an ex-parte injunction without notice constitutes a jurisdictional error and renders such orders unsustainable.
The court must record reasons for granting ex-parte injunction without notice, making this requirement mandatory for valid exercise of jurisdiction.
The trial Court must provide reasoned orders when dealing with applications for temporary injunctions, particularly in urgent cases, and should not simply issue mechanical orders without assessment.
Trial courts must evaluate and provide reasoning for injunction applications based on urgency and merits before requiring notice to the other party, as mandated by procedural rules.
appellant has not filed any objection/application before the Trial Court under Rule 4 of Order 39 C.P.C. to vacate the ex-parte ad-interim injunction. Therefore, it cannot be said to be a final order....
The trial court must provide reasoning when deciding applications for temporary injunctions and cannot merely issue notices without addressing the merits of the request.
Appellate court refrains from interfering in extended interim orders when IA under Article 226(3) is pending before Single Judge.
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