AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
14 paragraphs · 529 wordsH.T. Narendraprasad, J
In this writ petition, the petitioners-plaintiffs have sought for the following reliefs:
a) Allow this writ petition and set aside the impugned order dated 15.04.2026 on I.A.No.10 passed by the LXXXIX Addl. City Civil and Sessions Judge, Bengaluru, Commercial Court (CCH-90) in Com.O.S.No.1723/2024 (Annexure-A).
b) Grant such other and further relief as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interests of justice and equity.
For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit.
The plaintiffs filed a suit in Com.O.S.No.1723/2024 before the Trial Court seeking for relief of injunction. Along with the suit, plaintiffs filed I.A.No.1 under Order XXXIX Rules 1 and 2 of CPC. The Trial Court by order dated 20.12.2024 had granted an exparte order against the defendants. Upon service of summons, the defendants appeared and filed written statement. The defendants filed I.A.No.6 under Order XXXIX Rule 4 of CPC seeking for vacating the exparte interim order. The Trial Court, by order dated 01.04.2026, dismissed the application i.e., I.A.No.1 filed by the plaintiffs and allowed the application i.e., I.A.No.6 filed by the defendants and vacated the exparte interim order dated 20.12.2024. Aggrieved by the order 01.04.2026 passed by the Trial Court, the plaintiffs filed I.A.No.10 under Section 114 of CPC read with Order XLVII Rule 1 read with Section 151 of CPC seeking to review the order dated 01.04.2026 and I.A.No.11 under Section 151 of CPC seeking to extend the ad interim order dated 20.12.2024. The Trial Court, by impugned order dated 15.04.2026 has granted time to file objections to I.A.No.10 and I.A.No.11 and adjourned the matter to 30.04.2026. Being aggrieved by the said order, the plaintiffs are before this Court.
Learned senior counsel appearing for the petitioners- plaintiffs submits that as per the notification issued by the High Court of Karnataka, the Presiding Officer, who had passed the order dated 01.04.2026 has been transferred. Therefore, he requested this Court to dispose of the writ petition with a direction to the Trial Court to dispose of the review application filed by the plaintiffs to review the order dated 01.04.2026 at the earliest.
Learned senior counsel appearing for the caveator- respondent Nos.2 to 4 and learned counsel appearing for caveator-respondent No.1 submits that they have no objection for disposing of the writ petition with a direction to the Trial Court for expeditious disposal of the application and they further submit that they shall appear before the Trial Court on the next date of hearing.
In view of the above, the following order is passed:
ORDER
a) The writ petition is disposed of.
b) The petitioners-plaintiffs are at liberty to file a memo seeking for advancement of matter to 28.04.2026 before the Trial Court.
c) On 28.04.2026, the Trial Court is directed to hear the matter on application i.e., I.A.No.10 filed seeking to review the order dated 01.04.2026; and thereafter, shall pass appropriate orders on the application in accordance with law, on or before 02.05.2026.
d) Learned counsel appearing for respective parties shall appear before the Trial Court on 28.04.2026.