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Judgment
H.T. Narendra Prasad, J
This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.1, challenging the order dated 09.04.2025 passed by the Civil Judge and JMFC, Krishnarajapura in O.S.No.379/2025, whereby the trial Court has granted ex-parte temporary injunction order.
The plaintiff has filed the suit for bare injunction. Along with the plaint, I.A.No.I has been filed under Order XXXIX Rules 1 and 2 of the CPC, seeking an ex-parte ad-interim temporary injunction against the defendants. The trial Court, after hearing the plaintiff, granted an ex-parte temporary injunction on 09.04.2025 and issued summons to the defendants on I.A.No.I. Being aggrieved by the same, the defendants are before this Court.
If the defendants are aggrieved by the ex-parte order of temporary injunction granted in favour of the plaintiff by the Trial Court, they have a remedy for filing application under Order XXXIX Rule 4 of CPC before the Trial Court. Without exhausting the said remedy, the defendants have filed the present petition.
In view of the alternate and efficacious remedy available to the defendants to file an application under Order XXXIX Rule 4 of CPC before the Trial Court, the present writ petition can be disposed of. Hence, I pass the following order:
ORDER
a) The writ petition is disposed of.
b) Liberty is reserved to the defendants to file the application under Order XXXIX, Rule 4 of the CPC for vacating the ex-parte injunction order on or before 26.04.2025 and also at liberty to file a memo for preponing the matter after serving notice to the plaintiff.
c) If the defendants file a memo for preponing the matter, the trial Court is directed to prepone the matter to 28.04.2025.
d) The parties are directed to argue on the applications on 28.04.2025.
e) If the defendants file the application under Order XXXIX, Rule 4 of the CPC on or before 26.04.2025, the trial Court is directed to pass appropriate orders on the applications filed under Order XXXIX, Rules 1 and 2, and Order XXXIX, Rule 4 of the CPC, in accordance with law, on 02.05.2025.
In view of disposal of the main petition, all pending I.As., if any, are disposed of accordingly.