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2025 Supreme(Kar) 2514

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

Advocates Appeared:
For the Petitioner:Sri. Udaya Holla, Sr. Advocate, Sri. C.K. Nandakumar, SR. Advocate A/w, Sri. Suraj Sampath., Advocate
For the Respondent:Sri. Karan Gupta, Advocate

The failure to record reasons for granting an ex-parte injunction without notice constitutes a jurisdictional error and renders such orders unsustainable.

Headnote:(A) Code of Civil Procedure, 1908 - Order XXXIX Rules 1, 2, and 3 - Article 227 of the Constitution of India - Temporary injunction - The trial court granted an ad-interim injunction without notice to the defendant, failing to record necessary reasons for urgency - Violated principles of natural justice and procedural requirements. (Paras 19-25)

(B) Administrative Jurisdiction - The court has the authority to set aside temporary injunctions that do not comply with statutory mandates. (Para 25)

Facts of the case:
The petitioner/defendant challenged an ad-interim temporary injunction order against it relating to the constitution and proceedings of advisory committee meetings, arguing improper procedure and violation of its rights to a fair hearing.

Findings of Court:
The impugned order was set aside due to lack of proper reasoning and non-compliance with mandatory legal provisions.

Issues: The primary considerations were the maintainability of the writ petition under Article 227 and the necessity of the interim order in light of due process.

Ratio Decidendi: The court reasoned that granting ex parte injunctions requires strict adherence to procedural rules and the necessity to provide justifications for bypassing normal notice protocols; hence, the trial court's order lacked required legal foundation.

Result: The petition was allowed, and the trial court's impugned order was set aside.

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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