IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18789 OF 2025 (GM-CPC)

BETWEEN:

GRS ENGINEERING WORKS A PARTNERSHIP FIRM, REPRESENTED BY ITS PROPRIETOR SRI GOVIND RAJ, S/O CHINNASWAMY, AGED ABOUT 47 YEARS, R/AT NO.6, P.MOTTUPATTI, KRISHNAPURAM POST, DHARMAPURI DISTRICT PIN 635 202. …PETITIONER (BY SRI G.S.PATEEL, ADVOCATE)

AND:

Digitally signed by NAGAVENI Location: High

1. SRI DEIVENDRA KUMAR Court of Karnataka H/O MANJU V., AGED ABOUT 46 YEARS, R/AT NO. 4, GARDENIA LAYOUT, COSMOS MAY FLOWER, HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT.

PIN 560 099.

2. SMT.MANJU V., W/O DEIVINDAR KUMAR, AGED ABOUT 41 YEARS, R/AT NO. 4, GARDENIA LAYOUT, COSMOS MAY FLOWER, HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT.

PIN 560 099.

3. SRI SRINIVASA N., S/O LATE C.NARAYANAPPA, AGED ABOUT 66 YEARS, R/AT NO. 4, GARDENIA LAYOUT, COSMOS MAY FLOWER, HENNAGARA VILLAGE JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT PIN – 560 099.

…RESPONDENTS (BY SRI H. VINOD KUMAR, ADVOCATE FOR R-1 AND R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN OS NO.616/2024 ON THE FILE OF III ADDTIONAL CIVIL JUDGE AND JMFC, AT ANEKAL AND IN M.A.NO.18/2025 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT ANEKAL; QUASH THE ORDER OF DT.1.3.2025 PASSED BY THE III ADDITIONAL CIVIL JUDGE AND JMFC, AT ANEKAL IN O.S.NO.616/2024 PASSED ON I.A.NO.1 VIDE ANNEXURE-K AND ORDER DT.2.6.2025 PASSED BY THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, AT ANEKAL IN M.A.NO.18/2025 VIDE ANNEXURE-N, CONSEQUENTLY DISMISSING IA.NO.1 AND ALLOWING M.A.NO.

18/2025.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner – defendant No.1 - a proprietorship firm is before this Court calling in question an order dated 02.06.2025, passed by the II Additional Senior Civil Judge and JMFC, Anekal, in M.A.No.18/2025, whereby, confirms the order dated 01.03.2025, passed by the III Additional Civil Judge and JMFC, Anekal, in O.S.No.616/2024, which grants temporary injunction, restraining the operations of the petitioner’s unit.

2. Heard Sri G.S.Pateel, learned counsel for petitioner and Sri H. Vinod Kumar, learned counsel for respondent Nos.1 and

2.

3. Respondent Nos.1 and 2 – plaintiffs, who are the neighbours of the defendant No.1 – firm institute a suit in O.S.No.616/2024 seeking injunction against the petitioner -

firm, restraining its operations, in the residential area as it was causing severe noise pollution. The civil Court after hearing the parties to the lis grants temporary injunction on an application filed by the plaintiffs under Order XXXIX Rules 1 and 2 r/w. Section 151 of the CPC, restraining the usage of the unit by the petitioner – firm, on 01.03.2025. The petitioner calls this in question before the first appellate Court in M.A.No.18/2025. The first appellate Court rejects the appeal in terms of the order dated 02.06.2025. It is these two orders that has driven the firm before this Court in the subject petition.

4. Learned counsel for the petitioner submits that the petitioner is a Micro, Small and Medium Enterprise, who is permitted to run the Unit in the residential area. He would take this Court through the license granted to run the Unit. Notwithstanding the same, respondent Nos.1 and 2 have instituted the suit due to noise pollution and that the firm has now stopped from running the Unit as the civil Court has granted temporary injunction. The noise generated in the Unit is within the permissible limit and not beyond the standards stipulated under the statute. Therefore, he would seek that this Court may set aside the impugned orders; conditions be imposed in respect of the noise that generates i.e., decibel levels, while the Unit is in operation and that the Unit be