Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 24054

KARNATAKA HIGH COURT
M.NAGAPRASANNA, J
PADMA, CHEATHAN KUMAR, CHAITRA, KRISHNAPPA, HANUMANTHARAJU, LAKSHMAMMA, CHANDRU, SHANTHAMMA, LAKSHMAMMA, SAROJA N, MANJULA, NAGAMANI – Appellant
Versus
JAYALAKSHMAMMA, PUTAMMA, MANJUNATHA, MITHUN, HANUMANTHA, NAGARAJ, PRAVEEN, RAJASHEKAR – Respondent
Writ Petition No. 26506 of 2025 (GM-CPC)

Advocates:
For the Appellants/Petitioners: SRI.NAVEEN KUMAR M.
For the Respondents: SRI. MANJUNATH M.R.

The need for timely resolution of interim injunction applications as per Article 227 of the Constitution of India was established, emphasizing that ex parte injunctions must be addressed promptly.

Headnote:(A) Constitution of India - Article 227 - Writ Petition filed to quash an order made by the learned Addl. Civil Judge on an interlocutory application filed by the petitioners, which sought interim injunction against the respondents - Petitioners claimed that the lower court failed to grant an ex parte injunction as sought - This Court directed the concerned court to dispose of the application within a stipulated timeframe. (Paras 1-5)

(B) Civil Procedure Code, 1908 - Order 39 Rules 1 and 2 - The principles governing interim injunctions and the necessity of quick disposal of interlocutory applications was emphasized.

Facts of the case:
Petitioners challenged the order wherein an interim injunction was not granted as per their application. The court noted the need for timely resolution of such applications and maintained the interim injunction until the matter was resolved.

Findings of Court:
The court ordered that the lower court should dispose of the application within six weeks.

Issues: The critical issue was the failure of the lower court to grant the interim injunction as sought by the petitioners and the implications of that failure.

Ratio Decidendi: The court reaffirmed the importance of timely decisions on applications for interim relief and directed the lower court to act swiftly in these matters.

Result: Writ Petition disposed.

Table of Content
1. petitioners sought writ for quashing order. (Para 1)
2. court analyzed need for interim injunction. (Para 2 , 3)
3. direction issued for expediting application disposal. (Para 4)
4. writ petition disposed with directions. (Para 5)

ORAL ORDER

Petitioners are before this Court seeking the following prayers:

“1. To issue a writ of certiorari quashing the order dated

18.07.2025 at Annexure-J made by the learned Addl. Civil Judge at Magadi on the Interlocutory Application no.1 filed under Order 39 Rule 1 & 2 of CPC, 1908, by the Petitioners in OS No.231/2025.

2. To issue appropriate order or direction in the nature of mandamus restraining the Respondents their agents, servants or anybody acting under or through them from alienating, creating encumbrance, altering or creating third party interest over the suit schedule properties, till disposal of Interlocutory Application no.1 & 2 filed by the Petitioners for ad-interim exparte temporary injunction, by the court below.

3. To issue any other order or direction which this Hon'ble Court deems fit in the facts and circumstances of the case and in the interest of Justice and equity.”

2. Heard Sri.Naveen Kumar M, learned counsel appearing for the petitioners and Sri.Manjunath M.R., learned counsel appearing for respondent Nos.1 to 8 and have perused the material on record.

3. Petitioners are before this Court on a circumstance that the concerned Court does not grant an ex parte injunction as was sought for. Owing to the submissions of learned counsel for the petitioners, this Court on 01.09.2025 had passed the following order:

“The learned counsel appearing for the petitioners shall serve on the counsel, who represents the respondents by way of hand summons.

List this matter on 15.09.2025, in preliminary hearing.

There shall be an injunction as was sought before the concerned court, till the next date of hearing.”

Now the respondents are represented.

4. In that light, I deem it appropriate to direct the concerned Court to dispose the application filed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, within an outer limit of six weeks from the date of receipt of copy of the order.

5. In the light of the interim order subsisting, the same shall continue till the outer limit of disposal as is indicated herein above.

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