IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.1565 OF 2026 (GM-CPC)

BETWEEN:

1. M. SUJENDRA S/O H.M. MUNISWAMAPPA, AGED ABOUT 66 YEARS, 2. INDRESH KUMAR, S/O M. SURENDRA, AGED ABOUT 29 YEARS, BOTH ARE R/O AT NO.33, 2^ND MAIN ROAD, 8^TH CROSS, CHAMARAJPET, BANGALORE-560 062. …APPELLANTS (BY SRI D. VENUGOPAL, ADVOCATE)

AND:

GOVINDAPPA Digitally signed by MAHALAKSHMI B M S/O LATE MARIYAPPA, Location: HIGH AGED ABOUT 55 YEARS, COURT OF R/AT NO.594, 23^RD CROSS, KARNATAKA KASTHURI BA COLONY, BANASHANKARI III STAGE, BANGALORE-560078. …RESPONDENT (BY SRI SUBRAMANI M., ADVOCATE FOR C/RESPONDENT)

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 07.01.2026 PASSED ON I.A.NO.1 IN O.S.NO.7503/2024 ON THE FILE OF THE XLI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, C/C XXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-09), ALLOWING THE I.A.NO.1 FILED UNDER SECTION 114 READ WITH SECTION 151 OF CPC.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL JUDGMENT

The defendants are before this Court in this Miscellaneous First Appeal assailing the Order passed on IA No.1/2025 in OS No.7503/2024 on the file of XXVII Additional City Civil and Sessions Judge, Bangalore, (the ‘trial Court’ for short), whereby the Trial Court allowed the application filed by the plaintiff in IA No.1/2025 under Section 114 read with Section 151 CPC, and the order dated 15.01.2025 was set aside and restored the ex parte temporary injunction earlier granted in favour of the plaintiff.

2. Heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondent/caveator and perused the material on record.

3. The respondent-plaintiff instituted suit O.S No.7503/2024 seeking a decree of permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit schedule property bearing Sy. No.17/1 of Avalahalli Village. Along with the suit, the plaintiff filed IA No.1 seeking temporary injunction, upon which the Trial Court on 11.11.2024 granted an exparte order of temporary injunction restraining the defendants from interfering with the possession of the plaintiff.

4. Subsequently, the defendants appeared and filed their written statement and objections to the injunction application along with the memo enclosing the order passed by the Division Bench of this Court in Writ Appeal No.208/2007 (BDA), dated 03.07.2009, wherein the parties were directed to maintain status quo in respect of the land in Survey No.17/1 of Avalahalli Village.

5. Taking note of the said memo and the order passed in writ appeal, the Trial Court on 15.01.2025 modified the earlier exparte injunction and directed the parties to maintain status quo.

6. Aggrieved by the said modification, the plaintiff filed IA No.1/2025 under Section 114 read with 151 CPC seeking review and modification of the order dated 15.01.2025 and the restoration of the earlier injunction order.

7. The Trial Court allowed the said application and restored the earlier order of exparte temporary injunction which is challenged in the present appeal.

8. Learned counsel for the appellants submits that the trial Court has committed a grave error in allowing the review application. The Trial Court has misread the scope of the application, assuming that the plaintiff has sought permission to carry out construction in the property. It is submitted that the order allowing the review application suffers from perversity and improper exercise of jurisdiction warranting interference by this Court.

9. Per contra, learned counsel appearing for the respondent sought to justify the order and submits that the Trial Court has rightly exercised the power of review after examining the material on record. It is submitted that the order dated 15.01.2025 directi