IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 34880 OF 2025 (GM-CPC)

BETWEEN:

ARUN NAVEEN R.

AGED ABOUT 27 YEARS S/O.V.RANGANTATH #9, 5^TH CROSS SARASWATHIPURAM MAIN ROAD AGB LAYOUT, NANDINI LAYOUT BENGALURU NORTH, BENGALURU NANDINI LAYOUT KARNATAKA-560 096 …PETITIONER (BY SRI. ABHINAY.S.,ADVOCATE)

AND:

1. VIDYA SAMSKRUTHI SCHOOL NO.211 , 16^TH CROSS ROAD GAYATHRI DEVI PARK EXTN.

VYALIKAVAL BENGALURU-560 003 Digitally signed REP. BY ITS PRINCIPAL by GAVRIBIDA NUR SUBRAMANYA

2. VYALIKAVAL EDUCATIONAL SOCIETY GUPTA SREENATH NO.211, 16^TH CROSS ROAD Location: HIGH GAYATHRI DEVI PARK EXTN.

COURT OF VYALIKAVAL KARNATAKA BENGALURU-560 003 REP. BY ITS HON. TREASURER D.SURESH

3. RITESH S.

MAJOR S/O.MR.SURESH D.

NO.143, 3^RD MAIN ROAD GAYATRI PARK, VYALIKAVAL BENGALURU-560 003 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ORDER DATED 15.11.2025 PASSED ON IA.NO.1 IN O.S.NO.8015/2025 BY XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU VIDE ANNEXURE-A.

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

CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Heard learned counsel for petitioner.

2. The petitioner is the plaintiff, who has initiated a suit in O.S.No.8015/2015 against the respondents-

defendants before the trial Court seeking following reliefs:

"a. Pass a decree of permanent injunction restraining the Defendant, their agents, associates, representatives, servants, or any other person acting on their behalf or at their instance, from interfering with, or obstructing in any manner the occupation, operation, and management of the Plaintiff's cricket academy operating under the name and stay of Cricton Academy;

b. Pass a decree of permanent injunction restraining the Defendant from causing further threats, or intimidation, either directly or indirectly, against the Plaintiff, his staff, students, or anyone associated Cricton Academy;

c. Pass such other further order(s) that this Hon'ble Court deems fit to pass in the facts and circumstances of this case, in the interest of justice, equity and good conscience."

2.1 Along with the plaint, the plaintiff has filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, wherein he sought for an ad interim ex parte order of temporary injunction in favour of the plaintiff and against the defendants, their agents, associates, representatives, servants, or any other person acting on their behalf or at their instance, from interfering with, or obstructing in any manner the occupation, operation, and management of the Plaintiff's cricket academy operating under the name and style of Cricton Academy, or causing any obstruction, harm or intimidation to the Plaintiff, his employees, trainees, or any person associated with Cricton Academy, till disposal of the suit.

The affidavit was also annexed to the said application.

2.2 The trial Court, after hearing the petitioner-

plaintiff on the application for grant of an ad interim ex parte order of temporary injunction filed under XXXIX Rules 1 and 2 read with Section 151 of CPC, passed an order of issuing suit summons and notice to the respondents-defendants on I.A. on the ground that without hearing the defendants, no relief as sought under the application would be granted even temporarily. Aggrieved by which, the petitioner-plaintiff is before this Court.

3. This Court does not find any need or necessity to issue notice to the respondents, as the notice to the respondents-defendants is not yet served before the trial Court on the suit proceedings or on the application.

4. The plaintiff is seeking the relief of an ad interim ex parte order of temporary injunction before issuance of notice to the defendants and the delay in issuance of notice would cause irreparable hardship and injury to the plaintiff. In fact, the defend