Trial courts must evaluate all materials presented in applications for injunctions and provide clear reasoning for their decisions, especially when considering ad-interim orders.

ORDER :

PRADEEP SINGH YERUR, J.

Heard learned counsel for the petitioners.

2. This petition is filed by the plaintiffs seeking the following reliefs.

a) Issue a writ of certiorari duly quashing the order dated 26.09.2025 vide Annexure 'A' passed by the VII Additional Senior Civil Judge, Bengaluru Rural District, in O.S.No.1815/2025 on IA.No.1 filed by the petitioners under order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908.

b) Issue a writ of mandamus directing the learned judge of the trial court viz., Hon'ble VII Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, to consider and dispose of the I.A. No.1 filed by the petitioners under order XXXIX Rules 1 and 2 read with section 151 of the Code of Civil Procedure, 1908, in O.S.No.1815/2025;

c) Grant such other relief/reliefs as this Hon'ble court deems fit to grant in the circumstances of the case, by allowing this writ petition, in the interest of justice and equity.

3. Petitioners are the plaintiffs and the respondents are the defendants before the trial Court in OS No.1815/2025.

4. Parties shall be referred to as per the status before the trial Court as plaintiffs and defendants.

5. Suit came to be filed by the plaintiffs for permanent injunction against the defendants. Along with the plaint, plaintiffs filed an application in IA No.1 seeking for an ad-interim order of temporary injunction against the defendant Nos.1 and 2 from alienating or encumbering the suit schedule property in favour of third parties either by them or by their family members, authorized persons, supporters, henchmen, agents or any person or persons claiming any right under or through them by granting interim order of temporary injunction.

6. Upon hearing the plaintiffs, prior to issuance of notice, as the plaintiffs insisted for an ad-interim order of temporary injunction, the trial Court issued emergent notice on IA and suit summons but did not grant the ad- interim order of temporary injunction against which the plaintiffs is before this Court.

7. This Court is not inclined to issue notice to the respondents/defendants for the reason that notice is yet to be served to the defendants before the trial Court and the application filed under Order XXXIX Rule I and II read with Section 151 of CPC is for ad- interim order of temporary injunction by dispensing notice to the defendants. Hence, the notice is not ordered by this Court.

8. The short point for consideration before this Court is:

1. Whether this Court needs to interfere in the impugned order passed by the trial Court for non-passing of the order on grant of ad-interim temporary injunction on the application filed under Order XXXIX Rule 1 and Rule 2 read with Section 151 of CPC?

2. If so, what order?

9. While considering an application under Order XXXIX Rule 1 and Rule 2 read with Section 151 of CPC, the following is to be followed.

10. When an application is filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC, it is the duty and obligation of the trial Court to consider the documents placed by the plaintiff before it, either along with the plaint, or otherwise including the averments made in the affidavit annexed to the application or any material that is produced along with the plaint to prima facie satisfy itself for grant or non-grant of an ad- interim order of temporary injunction. The provisions under Order XXXIX Rule 1 and 2 is also for grant of an ad-interim temporary injunction, by dispensing notice to the defendants in view of the urgency so stated if any