K. Ganesh & Ors. vs Govind Reddy & Ors.

Hanchate Sanjeevkumar, J

Though the appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal.

The appellants/defendant Nos.5 and 19 have filed this appeal questioning the order of ex-parte temporary injunction dated 02.07.2025 in O.S.No.4625/2025 on the file of XXIV Additional City Civil and Sessions Judge, Bengaluru (CCH-6).

It is grievance of appellants/defendant Nos.5 and 19 that the Trial Court has passed an order of ex-parte temporary injunction dated 02.07.2025 and directed the plaintiffs to comply with the provisions under Order XXXIX Rule 3(A) of CPC and issued summons to the defendants. Thereafter, for three consecutive dates, the Trial Court has not passed order, but simply extended the order of ex-parte temporary injunction, by which, according to the learned counsel appearing for the appellants, the defendants’ right is affected.

The order impugned herein is granting an order of ex-parte temporary injunction. The applications I.A.Nos.1 and 2 are still pending for consideration before the Trial Court.

According to the learned counsels appearing for the parties, the defendants have filed objections to the said applications and addressed their respective arguments and thereafter, the Trial Court has posted the matter for orders on I.A.Nos.1 and 2, but the Trial Court even after three consecutive days has not passed order on I.A.Nos.1 and 2. Therefore, appellants/defendant Nos.5 and 19 have preferred this instant appeal on the ground that it is mandatory on part of the Trial Court to pass an order within a period of 30 days, but the Trial Court has not passed the order. Therefore, aggrieved by this, the present appeal is preferred. The learned counsel places reliance on the judgment of Hon’ble Supreme Court in the case of A. VENKATASUBBAIAH NAIDU VS. S.CHELLAPPAN AND OTHERS (2007) 7 SCC 695.

Learned counsel for the respondents submitted that now the Trial Court has scheduled the date for orders i.e., on 17.09.2025. Therefore, the appropriate recourse to be taken is to issue direction to the Trial Court to pass orders on I.A.Nos.1 and 2 without keeping the applications pending on the scheduled date of 17.09.2025. If this direction is issued, it would suffice at this stage; therefore, with a direction to the Trial Court to dispose of the applications I.A.Nos.1 and 2 and pass appropriate orders in accordance with law on its merits on the scheduled next date of hearing, the appeal is disposed off.

Registry is directed to communicate this order immediately to the Trial Court.