Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
M. Vijaya kumar. S/o. V. Manavalan – Appellant
Versus
Bangalore Mirror Newspaper Publication, Rep. By chief editor – Respondent
ORDER :
PRADEEP SINGH YERUR, J.
1. Heard learned counsel for the petitioner.
2. The petitioner is before this Court seeking for the following reliefs;
"(i) Writ of certiorari or any order of like nature to set aside the order dated 30.10.2025 to an extent of not considering the application I.A.No.1/2025 filed under Order XXXIX Rule 1 and 2 in O.S.No.7569/2025 on the file of the XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-36) for grant of ex-parte injunction vide Annexure-A.
(b) Issue any other writ, order or direction as this Hon'ble Court deems fit and property reliefs as this Hon'ble Court deems fit and proper reliefs as this Hon'ble Court deems fit and proper under the circumstances of this case."
3. This Court does not find any need or necessity to issue notice to the respondents for the reason that the respondents have not been served the notice/summons and the petitioner is before this Court questioning the order of the trial Court having not passed any order on the application filed under Order XXXIX Rule 1 and 2 of CPC by the petitioner.
4. It is the contention of learned counsel for the petitioner that he has filed a suit against the defendants who are the publi
The court must record reasons for granting ex-parte injunction without notice, making this requirement mandatory for valid exercise of jurisdiction.
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.
Trial courts must evaluate all materials presented in applications for injunctions and provide clear reasoning for their decisions, especially when considering ad-interim orders.
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 failure to record reasons for granting an ex-parte injunction without notice constitutes a jurisdictional error and renders such orders unsustainable.
The court established that compliance with procedural requirements for granting ex parte injunctions is not optional but mandatory, and failure to adhere to these requirements invalidates the injunct....
The duty of fair disclosure and the exceptional nature of without notice applications, emphasizing the importance of time-limited injunctions and the reserved liberty for the Defendants to apply for ....
(1) An ad interim injunction shall not be granted in derogation of right of opposite party.(2) An order passed without issuing notice to opposite party cannot be brought under purview of Section 36 C....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
