IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

WRIT PETITION NO. 36785 OF 2025 (GM-CPC)

BETWEEN:

1. SRI D. MANUEL S/O. LATE DEVADAS

AGED ABOUT 65 YEARS

R/AT: NO.373, MILLENNIUM

STREET, HORAMAVU

AGARA, BENAGLURU - 560 043.

2. SRI JOSEPH CHACKO

S/O. LATE P.J.CHACKO AGED ABOUT 65 YEARS

R/AT GOLDEN SUN FARMS

SY.NO.110/1,

CHALLATTI, JALAHOBLI

BAGALUR YELAHANKA

TALUK, BENGALURU - 562 149.

…PETITIONERS

(BY SRI K.M.PHANINDRA, SENIOR ADVOCATE FOR

SMT.LEELA P., ADVOCATE)

Digitally si gned

AND:

by

GAVRIBIDANUR

SUBRAMANYA

1. SRI VARGHESE PAUL PALAMATTAM

GUPTA

SREENATH S/O. PAUL VARGHESE PALAMATTAM

Location: HIGH AGED ABOUT 75 YEARS

COURT OF R/AT. PALAMATTAM HOUSE

KARNATAKA

DON BOSCO ROAD

KRIACHIRA, TRIRSUR

KERALA STATE - 680 006.

2. SRI ABRAHAM THOMAS

S/O. THOMAS ABRAHAM AGED ABOUT 67 YEARS

R/AT. THEVIRATHU CHARIVUKALAYIL KURICHIPANDARAKALAM HOUSE ATHIRAMPUZHA MUNDUVELIPADI KERALA STATE - 689 532.

…RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.12.2025 PASSED ON I.A.NO.1/2025 IN O.S. NO.434/2025 OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HOSKOTE, BENGALURU RURAL DISTRICT ANNEXURE-C, WHEREBY THE HON'BLE TRIAL COURT HAS ISSUED ONLY EMERGENT NOTICE AND HAS REFUSED TO GRANT AN EX- PARTE INTERIM TEMPORARY INJUNCTION AND FURTHER BE PLEASED TO ALLOW THE SAID I.A.NO.1/2025 FILED BY THE PETITIONERS BY GRANTING AN ORDER OF TEMPORARY INJUNCTION RESTRAINING THE RESPONDENTS, THEIR HENCHMEN, AGENTS, ASSIGNEES, REPRESENTATIVES OR ANY PERSONS CLAIMING UNDER OR THROUGH THEM FROM IN ANY MANNER INTERFERING WITH THE PETITIONERS' PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTIES, IN THE INTEREST OF JUSTICE AND EQUITY. 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 Sri K.N.Phanindra, learned Senior Counsel appearing on behalf of Smt.Leela P. for the petitioners.

2. The petitioners are the plaintiffs, who have initiated a suit in O.S.No.434/2025 against the respondents-defendants before the trial Court seeking following reliefs:

"Wherefore, the Plaintiffs most respectfully prays that this Hon'ble Court be pleased to pass the Judgment and Decree against the Defendants:-

a. Permanently restrain the defendants, their henchmen, employees, assignees, representatives, agents and any persons claiming under through them from interfering with the plaintiff's peaceful possession and enjoyment of the suit Schedule Properties.

b. Pass Permanent Injunction against the Defendants from illegal interference and causing disturbance over the suit Schedule Properties.

c. Pass any other order/s as this Hon'ble Court deems to fit in the circumstances of the case, in the interest of justice and equity.

d. Award the costs of the suit in favor of the plaintiffs.

e. Grant such other relief/s as this Hon'ble Court may deems fit and proper to meet the ends of justice and equity.""

3. Along with the plaint, the plaintiffs have filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, wherein they sought for an ad interim ex parte order of temporary injunction against the defendants or their agents, henchmen, their GPA holder, or whomsoever claiming under them, restraining them from interfering with the suit schedule properties. The affidavit was also annexed to the said application.

4. The trial Court, after hearing the petitioners-

plaintiffs 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 for issuance of suit summons and emergent notice to the respondents-defendants on I.A. Aggrieved by which, the petitioners-plaintiffs are before this Court.

5. This Court does not find any need or necessity to issue notice to the respondents, as the same is not yet served before the trial Court on the suit proceedings or on the ap