These writ petitions are placed before us by the Hon’ble Chief Justice on the request of the learned Single Judge to refer the following question to a larger Bench for consideration:

“Whether the defendant in a suit for declaration and injunction can maintain an application for injunction under Order 39, Rule 1(c) of the Civil Procedure Code, 1908?”

2. Before answering the above question, it is useful to briefly refer to the facts giving rise to the reference.

3. W.P. No. 58906 of 2013 is filed by the plaintiffs in O.S. No. 499 of 2010, a suit instituted on 2.12.2010 before the Principal Civil Judge (Junior Division), Chitradurga for permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit property. The plaintiffs also sought interim order of temporary injunction by filing an application under Order 39, Rules 1 and 2 of Civil Procedure Code, 1908 but, the Court passed an ex parte order on 3.12.2010 to maintain status quo, till appearance of the defendants. On service of summons, the defendants appeared on 1.10.2011 and the 3rd defendant, on 9.8.2012, filed I.A. No. 11 under Order 39, Rules 1 and 2 of CPC seekin