LUMBINI GARDENS LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner-Company being the plaintiff in an injunctive suit in O.S.No.8520/2019 is knocking at the doors of Writ Court for laying a challenge to the order dated 26.11.2019, a copy whereof is at Annexure-P, whereby the learned XVII Addl. City Civil Judge, Bengaluru has merely directed issuance of emergent notice instead of granting limited injunctive protection, ex parte. Learned Govt. Pleader Smt. H.R.Anitha having accepted notice for the respondents, vehemently opposes the writ petition.

(2.) Having heard the learned counsel for the parties and having perused the petition papers, this court is of a considered opinion that a limited reprieve needs to be granted to the petitioner for the following reasons:

(3.) In the above circumstances this writ petition succeeds in part; the respondents are restrained from interfering with rights of the petitioner arising under the agreement in question till after his subject representation is decided by the jurisdictional respondents or petitioner's application filed under Order XXXIX Rules 1 & 2 of CPC, 1908 is heard & disposed off by the learned trial Judge, whichever is earlier.