IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR, J.
Karnataka State Cricket Association – Petitioner
Versus
Mr Shashidhara A V, S/o Late A P Vaikunta Karanth – Respondent
WRIT PETITION NO. 33725 OF 2025 (GM-CPC)
Decided On : 17-11-2025
| Table of Content |
|---|
| 1. petition filed challenging ad-interim injunction. (Para 1 , 2 , 4) |
| 2. court highlights procedural importance in injunctions. (Para 6 , 12 , 19 , 20 , 26) |
| 3. defendant argues improper trial court order. (Para 7 , 8 , 9 , 10 , 14 , 15) |
| 4. criteria for granting ex parte injunctions. (Para 17 , 18 , 21 , 24) |
| 5. order set aside; trial court to reconsider. (Para 25) |
ORDER :
PRADEEP SINGH YERUR, J.
Heard learned senior counsel Udaya Holla on behalf of learned counsel Sri.Suraj Sampath and learned counsel Sri.C.K.Nandakumar, on behalf of the petitioners and learned counsel Sri.Karan Gupta for the Caveator/ respondent.
2. This petition is filed by the petitioner/defendant in the original suit OS No.7680/2025, being aggrieved by the orders passed on IA Nos. 2 and 3 whereby the learned trial judge has granted an ad-interim order of temporary injunction against the petitioner/defendant and in favour of the respondent/plaintiff.
3. The parties shall be referred to as per their status before the trial Court as plaintiff and defendant, for the sake of brevity.
4. Brief facts of the case are as under:
Plaintiff filed a suit against the defendant for the following reliefs.
a) Declare that the constitution of the Legal Advisory Committee at time of holding the Fifth LAC meeting dated 26.09.2025 and Sixth LAC meeting dated 13.10.2025 is improper and in violation of Bye-Laws of the Defendant Association.
b) Declare that the legal opinion in the Fifth LAC meeting dated 26.09.2025 is non-est;
c) Declare that the legal opinion in the Sixth LAC meeting dated 13.10.2025 is non-est;
d) Declare that the WhatsApp notice/release dated 28.10.2025 is non-est;
e) Pass an order permanently injuncting the Defendant through any of its personnel, including but not limited to any persons appointed by it, its Office Bearers and Managing Committee members, or any other committees or Sub-Committees of the Defendant from further discussing and/circulating and/ relying in any manner whatsoever, the minutes of the Fifth LAC meeting dated 26.09.2025, Sixth LAC meeting dated 13.10.2025, the WhatsApp notice/release dated 28.10.2025, or their contents, and any other material regarding the 9-year rule or its interpretation as endorsed by the improperly constituted by the LAC, in any meeting, before or in any committee of the Defendant, forum, authority, officer/officer/body/organization;
f) Pass an order permanently injuncting the Defendant through any of its personnel, including but not limited to any persons appointed by it, its Office Bearers and Managing Committee members, or any other committees or Sub-committees of the Defendant from taking further actions which jeopardise a free and fair election, including but not limited to publishing the minutes of the Fifth LAC meeting dated 26.09.2025, Sixth LAC meeting dated 13.10.2025 and the WhatsApp notice/release dated 28.10.2025 or their contents in the AGM book and /in any notice and/circular and/electronic media;
8) Pass an order permanently injuncting the Defendant through any of its personnel, including but not limited to Office Bearers and Managing Committee members, or any other committees of the Defendant from taking further actions that jeopardise a free and fair election, including but not limited to placing the minutes of the Fifth LAC meeting dated 26.09.2025, Sixth LAC meeting dated 13.10.2025 and the WhatsApp notice/release dated 28.10.2025 or their contents before any personnel appointed by the Defendant to conduct the elections, including but not limited to the Electoral Officer and / persons acting for or under him; and
h) Pass any other order(s), direction(s), or reliefs as deemed fit in the interest of justice and equity.
5. Along with the plaint, the plaintiff filed three applications. Two of them are filed under Order XXXIX Rule No. 1 and 2 read with Section 151 of CPC, seeking an ad- interim order of temporary injunction along with an affidavit sworn to by the plaintiff.
6. The trial Court, upon hearin
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The failure to record reasons for granting an ex-parte injunction without notice constitutes a jurisdictional error and renders such orders unsustainable.
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.
The court must record reasons for granting ex-parte injunction without notice, making this requirement mandatory for valid exercise of jurisdiction.
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 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.
“3A Where an injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which....
An appeal against an ex-parte injunction is maintainable under Order XLIII Rule 1(r), affirming that the right to appeal is a statutory right.
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