ZIAULLA SHERIFF Vs. TULIP ENTERPRISES

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is filed by the petitioner-defendant No.1, challenging the order dtd. 9/4/2025 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.

(2.) 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 9/4/2025 and issued summons to the defendants on I.A.No.I. Being aggrieved by the same, the defendants are before this Court.

(3.) 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.