IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT PETITION NO. 2482 OF 2026 (GM-CPC)

BETWEEN:

M/S. SHRIRAM PROPERTIES LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT LAKSHMI NEELA RITE CHOICE CHAMBER, 1ST FLOOR, NO. 9, BAZULLAH ROAD, T. NAGAR, CHENNAI - 600 017.

HAVING ITS CORPORATE OFFICE AT NO. 31, 2ND MAIN ROAD, T CHOWDAIAH ROAD, SADASHIVANAGAR, BENGALURU - 560 080 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MRS. R SARANYA DEVI ASSISTANT GENERAL MANAGER - LEGAL.

…PETITIONER (BY SRI. ARUNA SHYAM, SR. COUNSEL A/W SRI. J.P. DARSHAN, ADVOCATE)

AND:

1. SUVILAS PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT NO. 52, DONNABAS TOWER, 1ST FLOOR, RAILWAY PARALLEL ROAD, NEXT TO BETHESDA SCHOOL, KUMARA PARK WEST, BENGALURU - 560 020 REP. BY ITS MANAGING DIRECTOR SUNIL CHOWDARY.

2. SUNIL CHOWDARY, AGED ABOUT 53 YEARS, S/O. MUNIVEERAPPA, THE MANAGING DIRECTOR OF M/S. SUVILAS PROPERTIES PVT. LTD., HAVING OFFICE AT NO. 52, DONNABAS TOWER, 1ST FLOOR, RAILWAY PARALLEL ROAD, NEXT TO BETHESDA SCHOOL, KUMARA PARK WEST, BENGALURU - 560 020 …RESPONDENTS (BY SRI. S.D.N. PRASAD, ADVOCATE FOR SRI. UMESH M.N, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.01.2026 PASSED ON 1.A. NO. 1 BY THE XXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-14), BENGALURU, IN O.S. NO. 404/2026 PRODUCED AS ANNEXURE A, INSOFAR AS NOT GRANTING AN AD-INTERIM EX-PARTE ORDER OF TEMPORARY INJUNCTION AS SOUGHT IN I.A. NO. 1, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL ORDER

1. The present petition seeks to challenge an order dated 19.01.2026 passed in O.S.No.404/2026 on I.A.No.1 passed by the XXXI Additional City Civil and Sessions Judge (CCH-14), Bengaluru (hereinafter referred as ‘Impugned Order’). By the Impugned Order the Learned Trial Court had declined the grant of an ex-parte injunction based on an application under Order XXXIX Rule 1 and Rule 2 of Code of Civil Procedure, 1908 (hereinafter referred to as “the CPC”) filed by the petitioner/plaintiff.

2. This Court had by its order dated 28.01.2026 had while issuing emergent notice in this matter, had directed an ex-parte stay of the proceedings before the learned Trial Court.

3. At the outset learned counsel for the respondents submits that the order is an appealable order in terms of the provisions of Order XLIII Rule 1 and 2 of the CPC and thus this petition is not maintainable. The learned counsel further seeks to rely upon two judgments of this Court in Sri. Kishan R. Shetty Vs. Gemini Shares and Stocks Pvt., Ltd.,¹ and another and Raju B.V. Vs. Gemini Shares and Stocks Pvt., Ltd., and another²

4. Learned Senior Counsel for the petitioner contends that the view has been taken by the co-ordinate benches that Article 227 of the Constitution of India (hereinafter referred as COI) is maintainable against an order under Order XXXIX Rules 1 and 2 of the CPC. He further submits that in any event the application under Order XXXIX Rule 1 and Rule 2 is pending before the learned Trial Court and the Trial Court may be directed to expedite the disposal of such application and until that period the interim order be remain in place.

5. Learned Senior Counsel further submits that a petition under Article 227 of the Constitution of India is maintainable when the order passed under Order XXXIX

1 W.P.No.13888/2022 dated 22.01.2026 : NC : 2026 :KHC :3940

2 W.P.No.13889/2022 dated 22.01.2026 : NC : 2026 :KHC :3942

Rule 1 and Rule 2 CPC is an ex-parte order and in other circumstances an appeal may be filed.

6. At the outset, it is apposite to set out provisions of Order XLIII Rule 1(r) of the CPC which is set out below:

"Order XLIII Rule 1. App