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Mr.Rachappa Sathish Kumar vs M/S Eaglesight Media Private Limited ...
2025 Latest Caselaw 6665 Kant

Citation : 2025 Latest Caselaw 6665 Kant
Judgement Date : 25 June, 2025

Karnataka High Court

Mr.Rachappa Sathish Kumar vs M/S Eaglesight Media Private Limited ... on 25 June, 2025

Author: M.Nagaprasanna
Bench: M.Nagaprasanna
                           1



Reserved on   : 13.06.2025
Pronounced on : 25.06.2025


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 25TH DAY OF JUNE, 2025

                          BEFORE

        THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

        WRIT PETITION No.13365 OF 2025 (GM - CPC)


BETWEEN:


1.   MR.RACHAPPA SATHISH KUMAR
     S/O RACHAPPA
     AGED ABOUT 46 YEARS,
     AUTHORIZED SIGNATORY AND DIRECTOR,
     M/S.BTV KANNADA PRIVATE LIMITED
     RESIDING AT NO.14/4, 2ND FLOOR,
     13TH CROSS, 8TH MAIN ROAD, MALLESHWARAM,
     BENGALURU - 560 003.

2.   M/S BTV KANNADA PRIVATE LIMITED
     CORPORATE OFFICE AT NO. 15,
     1ST MAIN ROAD, J LINGAIAH ROAD,
     SHESHADRIPURAM,
     BENGALURU - 560 020.
     REPRESENTED BY ITS
     DIRECTOR AND AUTHORIZED SIGNATORY
     MR. RACHAPPA SATHISH KUMAR
     S/O RACHAPPA
     AGED ABOUT 46 YEARS
     INCORPORATED COMPANY REGISTERED
                             2



       UNDER COMPANIES ACT.

                                               ... PETITIONERS

(BY SRI D.R.RAVISHANKAR, SR.ADVOCATE A/W
    SRI KASHINATH J.D., ADVOCATE)

AND:

1.     M/S.EAGLESIGHT MEDIA PRIVATE LIMITED (ESMPL)
       CHAIRMAN AND DIRECTOR
       MR. ASHWIN MAHENDRA
       AGED ABOUT 35 YEARS,
       RESIDING AT NO. 301/10,
       36TH CROSS, 7TH 'C' MAIN ROAD,
       JAYANAGAR 4TH BLOCK,
       BENGALURU - 560 011.

2.     GOOGLE LLC
       UNIT NO. 26, THE EXECUTIVE CENTRE,
       LEVEL 8, DLF CENTRE, SANSADMARG,
       CONNAUGHT PLACE,
       NEW DELHI - 110 001.
       REPRESENTED BY ITS EDITOR-IN-CHIEF.

3.     META PLATFORMS INC.
       UNIT 28 AND 29,
       THE EXECUTIVE CENTRE,
       LEVEL 18, DLF CYBER CITY, BUILDING NO. 5,
       TOWER A, PHASE III,
       GURGAON-122 002, INDIA.
       REPRESENTED BY ITS CHIEF EDITOR.

4.     FACEBOOK INDIA
       UNIT NOS. 1203 AND 1204,
       LEVEL 12, BUILDING NO. 20,
       RAHEJA MINDSPACE, CYBERABAD,
       MADAPUR, HITECT CITY,
                           3



     HYDERABAD - 560 081.
     REPRESENTED BY ITS CHIEF EDITOR.

5.   YAHOO INDIA TORREY PINES'
     EMBASSY GOLD LINKS BUSINESS PARK,
     OFF INDIRANAGAR-KORAMANGALA,
     INTERMEDIATE RING ROAD,
     BENGALURU - 560 071.
     REPRESENTED BY ITS EDITOR-IN-CHIEF.

6.   YOUTUBE LLC
     RESIDENT GRIEVANCE OFFICER FOR YOUTUBE
     GOOGLE LLC-INDIA LIAISON OFFICE UNIT NO. 26,
     THE EXECUTIVE CENTER, LEVEL 8,
     DLF CENTRE, SANSAD MARG,
     CONNAUGHT PLACE,
     NEW DELHI - 110 001.
     REPRESENTED BY ITS CHIEF EDITOR.

7.   M/S. WHATS APP
     FLAT NO. 1, 3RD FLOOR,
     1BHK, PINK ROSE APPT. SARFABAD,
     SECTOR-23,
     GAUTAM BUDDHA NAGAR - 201 301, UP.
     REPRESENTED BY ITS CHIEF EDITOR.

8.   TWITTER INDIA
     RMZ INFANTRY, B, OLD MADRAS ROAD,
     SADANANDANAGAR,
     BENNIGANAHALLI, BENGALURU - 560 010.
     REPRESENTED BY ITS EDITOR-IN-CHIEF.

9.   INSTAGRAM
     UNIT NO. 28 AND 29,
     THE EXECUTIVE CENTER,
     LEVEL 18, DLF CYBER CITY,
     BUILDING NO. 5, TOWER A, PHASE II,
     GURGAON - 122 002.
                           4



      REPRESENTED BY ITS CHIEF EDITOR.

                                           ... RESPONDENTS

(BY SRI K.N.PHANINDRA, SR.ADVOCATE A/W
    SRI ARNAV A.BAGALWADI, ADVOCATE FOR R-1;
    SRI VARUN PATHAK, ADVOCATE FOR R-4)



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
ENTIRE RECORDS PERTAINS TO O.S. NO. 2499/2025 PENDING ON
THE FILE OF LIX ADDL. CITY CIVIL AND SESSIONS JUDGE,
BENGALURU   CITY,   BENGALURU;   QUASH   THE   ADD-INTERIM
INJUNCTION PASSED IN O.S. NO. 2499/2025 DATED 04.04.2025
AND CORRECTED ON 07.04.2025 PENDING ON THE FILE OF LIX
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY,
BENGALURU AS PER ANNEXURE-A AS ILLEGAL CONSEQUENTLY
PASS AN ORDER TO DISMISS I.A. NO. II FILED BY THE 1ST
RESPONDENT/PLAINTIFF IN O.S. NO. 2499/2025 TO MEET THE
INTEREST OF JUSTICE.



     THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 13.06.2025, COMING ON FOR PRONOUNCEMENT
THIS DAY, THE COURT MADE THE FOLLOWING:-
                                  5



CORAM:    THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                             CAV ORDER


      The petitioners are before this Court calling in question an

order dated 04-04-2025 and corrected order dated 07-04-2025

passed by the LIX Additional City Civil and Sessions Judge,

Bengaluru City in O.S.No.2499 of 2025 issuing ad-interim ex-parte

Temporary Injunction restraining the defendants in the suit from

airing the programme of the 2nd petitioner.


      2. Heard Sri D.R. Ravishankar, learned senior counsel

appearing for the petitioners, Sri K.N.Phanindra, learned senior

counsel appearing for respondent No.1 and Sri Varun Pathak,

learned counsel appearing for respondent 4.


      3. Facts, in brief, germane are as follows:-


      The 1st petitioner is a journalist by profession and is said to be

running a social media in the logo Btv Kannada for broadcasting

and publication. The 1st petitioner is one of the Directors of the 2nd

petitioner-M/s Btv Kannada Private Limited ('the Company' for

short). The Company earns revenue out of the social media page
                                  6



on the logo Btv Kannada. The social media page was suddenly

blocked and removed in the 3rd week of April, 2025 by all social

media platforms through their social media Administrator without

any reference, but vaguely referring to an order of the civil Court. It

is then, the petitioners went in search of the said civil suit and

come to know that there was a suit in O.S.No.2499 of 2025

instituted by rival claimant against whom several litigations are

pending and in the said suit there is an order of restraint of use or

airing of Btv Kannada in their respective social media page. Calling

in question the order dated 04-04-2025 passed by the concerned

Court, the petitioners are before this Court on the score that ad-

interim injunction is granted under Order XXXIX Rule 1 and 2 by

the civil Court without even making the petitioners, a party, while

making every other social media platform a party.


      4. The learned senior counsel Sri D.R.Ravishankar appearing

for the petitioners would vehemently contend that the plaint

averments if noticed it is full of allegations against the petitioners. A

restraint order is secured at the hands of the concerned Court by

pleading everything that was against the petitioners which the
                                 7



petitioners were to defend. Therefore, there is violation of principles

of natural justice and violation of Order XXXIX Rule 3 of the CPC, is

the submission of the learned senior counsel.



      5. Per contra, the learned senior counsel Sri K.N. Phanindra

representing the 1st respondent/plaintiff takes this Court through an

earlier litigation of the year 2022 in which the 2nd petitioner has

suffered a restraint order. He would submit that this is only a

continuation of that restraint order. These petitioners need not have

been parties before the concerned Court, as the prayer that was

sought in the suit was to restrain social media platforms from a

particular action. It did not concern these petitioners. Therefore, on

the ground that they were not made parties, the order cannot be

interfered with.



      6. I have given my anxious consideration to the submissions

made by the respective learned senior counsel and have perused

the material on record.
                                 8



      7. The 1st petitioner is a journalist and the averment is that

he is journalist of a considerable repute. The 2nd petitioner is the

registered company under the Companies Act, 2013 incorporated in

the name and style of Btv Kannada Private Limited. The dispute

between the 1st respondent and the petitioners galore.      A suit in

O.S.No.584 of 2022 is instituted by the 1st respondent where the

2nd petitioner is made a party/defendant and an interim injunction

is obtained in favour of the plaintiff. The matter has travelled up to

the Apex Court, where it is stated to be pending consideration of

the orders that were passed in O.S.No.584 of 2022. Yet another

suit is filed by the 1st respondent in O.S.No.7854 of 2022 seeking

damages of ₹29/- crores in which the 2nd petitioner/Company and

its earlier Directors are made parties. In both the civil suits

aforesaid, which are instituted by the 1st respondent, the 2nd

petitioner is arrayed as a defendant with several allegations. Writ

petitions before this Court are also filed with regard to trade mark

violations inter alia and are pending.



      8. When things stood thus, it appears the 1st respondent files

O.S.No.2499 of 2025 in which there are 8 defendants viz., (i)
                                  9



Google LLC; (ii) Meta Platforms Inc.; (iii) Facebook India; (iv)

Yahoo India Torrey Pines; (v) YouTube LLC; (vi) M/s Whats App;

(vii) Twitter India; and (viii) Instagram.       The contention of the

petitioners is, 2nd petitioner in particular is not made a party, while

the entire narration is on the 2nd petitioner. It, therefore, becomes

necessary to notice the plaint averments. They read as follows:


                               "....    ....    ....

              3. It is submitted that the plaintiff is the Chairman and
      Director of the Company by name M/s Eaglesight Media Private
      Limited, for which the Managing Director and another Director is
      one Mr. Gangadharappa Munindra Kumar @ G.M. Kumar. The
      said plaintiff Company in short (ESMPL) is the actual owner of
      Btv Kannada News Channel and also owns the Trademark
      certificates for its Logos and Contents and this Managing
      Director/Director who proclaimed himself to be an ace journalist
      started misappropriating funds of the plaintiff company and
      floated two dubious companies by name M/s EAGLESIGHT
      TELEMEDIA PRIVATE LIMITED and M/s Btv KANNADA PRIVATE
      LIMITED which are the root cause for doing YELLOW
      JOURNALISM and are misusing the LOGOS and contents of the
      Plaintiff Company and time and again attempting to loop the
      Plaintiff company into one or the other cases which is time and
      again becoming a trauma for the Plaintiff Company and its
      Chairman receiving one or the other Legal Notices from persons
      who are being targeted by the two dubious companies which are
      doing defamatory programmes by misusing the logos of Btv
      Kannada News Channel Owned by the Plaintiff Company.
      Certified copies of the trade mark certificates marked in
      O.S.No.7854 of 2022 along with colour copies are enclosed as
      per "Documents 1 to 3".

           4. The Plaintiff submits that, the above-named
      defendants were informed through Notices and reminders
                             10



informing them not to PROVIDE PLATFORMS TO
EAGLESIGHT TELEMEDIA PRIVATE LIMITED or BTV
KANNADA PRIVATE LIMITED and also to BLOCK THE
CONTENTS SHARED BY THE ABOVE TWO COMPANIES
MISUSING THE CONTENTS HAVING THE LOGOS OF THE
Btv through their platforms such as Facebook, You Tube
etc., copy of the Special Notification issued by the
Plaintiff Company, copy of the legal notices and
reminders issued to the defendants companies are
enclosed as per "Documents 4 to 6".

       5. The plaintiff submits that, even after issuance of such
notices and reminders, the above-named Defendants are
allowing the two dubious companies to telecast their
programmes through the medium of the Defendants and which
are being defamatory in nature and such people against whom
such programmes are made by the two dubious companies are
issuing Legal Notices to the Plaintiff Company in the name of
Chairman/Director who is remotely not aware of any of these
programmes.      Three legal notices received by the plaintiff
company from three different parties are enclosed as
"Documents 7 to 9".

        6. The plaintiff submits that, it has become a menace to
the plaintiff in giving reply notices to every person who is
sending such Legal notice making Plaintiff company and its
Director/Chairman as party (who is innocent) to make the
person know the situation and begging him to delete the Plaintiff
as a party from any such case, where they went to prosecute
the plaintiff company. Copy of the reply notice given by the
plaintiff to every person who has issued legal notices against
him are enclosed as per "Document No. 10 to 12".

        7. It is submitted that if the Defendants stop giving their
medium as support to the programmes what the two dubious
companies are telecasting, this will act as a permanent solution
for the Plaintiff Company and also the Defendants in one or the
other way legally recognizing the Logo certificates issued to the
plaintiff company by the Trade Marks Registry, Government of
India.

      8. If the Defendants are not restrained with an Injunction
Order, the Plaintiff company and its Chairman will be put to
                             11



great hardship and loss and also his fundamental right of life will
seriously get affected due to the Defamatory notices which are
served against him for no fault committed by him.

      10. The two dubious Companies M/s Eaglesight
Telemedia Private Limited and M/s Btv Kannada Private
Limited with the sole intention to increase their TRPs are
indulging in the act of publishing and telecasting the
news without evaluating the resultant damage to the
reputation of the person/s involved.

       11. It is submitted that the act and omissions of the
two dubious Companies M/s Eaglesight Telemedia Private
Limited and M/s Btv Kannada Private Limited are volatile
of all the norms and cannons of responsible journalism.
Such conduct has been actuated by malice, against the
Plaintiff. The act of the two dubious Companies M/s
Eaglesight Telemedia Private Limited and M/s Btv
Kannada Private Limited tantamount to blatant scandal
mongering and are per se defamatory and they seek to
derogate the Plaintiff and harm his impeccable reputation
in the public estimation. The Defendants have specifically
failed to abide by the minimum moral standards of ethics
even after receiving the Notices. There is complete failure
to comply with the etiquette and ethical standards
expected from them.

      12. It is submitted that the Plaintiff is living in a
society which is far ahead in technology and it would not
be a difficult task to the two dubious Companies M/s
Eaglesight Telemedia Private Limited and M/s Btv
Kannada Private Limited to telecast/publish the alleged
morphed recording to earn TRPs. However, if the other
Defendants are allowed to do so, then the same would
result in loss of reputation of the Plaintiff and would have
far reaching consequences.

       13. It is submitted that the freedom of speech guaranteed
under Article 19 does not mean absolute right to say or write or
telecast anything without regard to any person's honour and
reputation. It is humbly submitted that the so-called
unrestricted Freedom to the media houses as well as web
                            12



portals will have large and irreversible negative impact on the
life of thousands.

        14. it is submitted that, if the Defendants do not honour
the request of the plaintiff, the two dubious Companies M/s
Eaglesight Telemedia Private Limited and M/s Btv Kannada
Private Limited will create contents and make defamatory
programmes by misusing the logos of the plaintiff company, and
when uploaded through the Defendants platforms, the Plaintiffs'
reputation would again hit rock bottom. If such programmes are
given platforms by the Defendants, it will result in irreparable
damage to the respect, honour, dignity and status of the
plaintiff in the society.

The Web Portal misused by the two Dubious Companies through
which programmes are being uploaded are provided as under:

1.    Facebook Page ID - 798350103528874, page created
      July, 2014
      https://facebook.com/btvnewslive/
      ("Document No.13" is enclosed for the kind perusal of
      this Hon'ble Court).

2.    YouTube Channel joined 25th May 2016
      https://goo.gl/7dTDOS

      www.youtube.com/@Btvnewskannada
      ("Document No.14" is enclosed for the kind perusal of
      this Hon'ble court).

3.    X (Twitter) joined May 2014 - x.com/btvnewslive
      ("Document No.15" is enclosed for the kind perusal of
      this Hon'ble Court).

4.    Instagram joined April 2015 - "btvnews"
      https://www.Instagram.com/btvnews/?igsh=
      YwRmanJ2M W10dGs

      ("Document No.16" is enclosed for the kind perusal of
      this Hon'ble Court).

5.    Website - https://btvkannada.com
      (GOOGLE IS PROVIDING THE PLATFORM)
                                  13



      6.    WhatsApp No. - 9731406666
            (WHEN CHECKED IN TRUE CALLER THIS NUMBER IS
            SHOWN AS Btv TV).

      7.    Google+ "plus.google.com/btvnewslive"
            (GOOGLE IS PROVIDING PLATFORM)

      Copy of the MINISTRY OF INFORMATION AND BROADCASTING
      RTI REPLY LETTER IS ENCLOSED AS PER "DOCUMENT NO.17".

             15. It is submitted that the plaintiff would suffer severe
      defamation, harassment and mental agony at the hand of the
      said two dubious Companies M/s Eaglesight Telemedia Private
      Limited and M/s Btv Kannada Private Limited who are using the
      platforms of the Defendants.

             16. The plaintiff submits that, if this suit is decreed no
      hardship will be caused to the Defendants and on the other
      hand if the prayer is rejected the two dubious Companies M/s
      Eaglesight Telemedia Private Limited and M/s Btv Kannada
      Private Limited will have the opportunity to ruin all dignity and
      respect earned in the several years of service by the Plaintiff.

                    ...            ...                   ..."
                                                   (Emphasis added)

A perusal at the entire plaint averments would clearly indicate that

every paragraph is dedicated for making allegations against the 2nd

petitioner. All the litigations between the two are narrated. On the

basis of the said pleadings what is the prayer that is sought is

necessary to be noticed. It reads as follows:


            "WHEREFORE, in the light of the above stated facts, it is
      most humbly prayed that this Hon'ble Court be pleased to pass
      a judgment and decree for Prohibitory Injunction
                                     14



      (1)   Restraining the Defendants or any other persons
            claiming under them, from providing platform to
            the two dubious Companies M/s Eaglesight
            Telemedia Private Limited and M/s Btv Kannada
            Private Limited in posting           or circulating
            programmes     by    misusing    the   Logos   and
            Trademarks which belong to the Plaintiff company
            or expressing in any manner anything in which the
            Logos of Btv Kannada News Channel appear by
            granting Prohibitory Injunction.

      (2)   Direct the Defendants herein to forthwith suspend/
            delete the links/pages provided in their platforms,
            to these two dubious Companies M/s Eaglesight
            Telemedia Private Limited and M/s Btv Kannada
            Private Limited as they are misusing the trademark
            of the plaintiff herein, though these two dubious
            companies are not permission holders in respect of
            any private TV Channel, which is confirmed by the
            Ministry   of    Information   and    Broadcasting,
            Government of India."

                                                   (Emphasis added)

The   prayer   is   to   restrain   the   defendants   who   are   noticed

hereinabove from providing platform to two dubious companies -

(i) M/s Eaglesight Telemedia Private Limited and (ii)M/s Btv

Kannada Private Limited. The 2nd prayer is to direct the defendants

to forthwith suspend/delete the links/pages provided in their

platforms, as the 2nd petitioner is said to be misusing the trade

mark of the 1st respondent. Based upon the plaint averments, the

concerned Court passes an order on an application under Order
                                   15



XXXIX Rule 1 CPC granting temporary injunction. The order reads

as follows:

                          "ORDERS ON I.A.II

            The plaintiff has filed this suit against the defendants
      seeking the relief of Permanent Injunction restraining the
      defendants from providing Platform to the two dubious
      Companies M/s.Eaglesight Telemedia Private Limited and
      M/s.Btv Kannada Private Limited in posting or circulating
      programmes by misusing the Logos and Trademarks which
      belong to the plaintiff company.

            As could be seen from the plaint averments it
      appears that, the plaintiff is the Chairman and Director of
      M/s.Eaglesight Media Private Limited, who is actual
      owner of Btv Kannada News channel and also owns trade
      mark Certificate its Logos. Such being the case one of its
      Director by name Mr.Gangadharappa Munindra Kumar @
      G.M.Kumar proclaimed himself as ace journalist, who
      started misappropriating funds of plaintiff company and
      also using Logos of the company and Btv and he time and
      again attempting to loop the plaintiff company into one or
      other cases by targetting two dubious Companies which
      are doing defamatory programmes by misusing Logos of
      Btv Kannada News Channel and he has filed civil suit in
      O.S.No.7854/2022, which is pending before this court for
      consideration. Since the defendant No.1 to 8 Plat forms
      have circulating various defamatory news and articles
      against the persons. Therefore, the plaintiff issued Notice
      to the defendants for not provide platform to the said
      dubious companies in posting and circulating any
      programs by misusing Logos and Trademarks of the
      plaintiff company.

             Inspite of which the defendant one or other day are
      circulating the programmes. Therefore, the plaintiff has filed the
      present suit to restrain the defendant No.1 doing such acts.

            Along with suit, the plaintiff has filed I.A.No.2 application
      U/o.39 Rule 1 and 2 CPC to restrain the defendants from
                                 16



     providing plat form to two dubious companies and in circulating
     programs by misusing Logos and trade mark which are belong
     to the plaintiff.

           Along with the suit the plaintiff has produced as many as
     9 documents, such as certified copies of trade mark certificate,
     Legal notices, reply notice, Defendants URL address Etc.

            I have carefully gone through the plaint averments
     and also the contents of prayer No.2 of the application. At
     this stage the plaintiff has made-out prima-facie case for
     trial. If exparte injunction order is not granted the very
     purpose of the suit will be frustrated and it will lead to
     multiplicity   of   proceedings.    At   this  stage    the
     apprehension of the plaintiff cannot be ruled-out by
     considering all these aspects of the case on hand I feel it
     is just and necessary to dispense with the Notice of
     I.A.No.2 and to inject the defendants No.1 to 8 from
     providing plat form to the companies by name
     M/s.Eaglesight Media Private Limited from posting or
     circulating any programs by misusing Logos and
     Trademark of the plaintiff. With these reasons I proceed
     to pass the following:
                              ORDER

Issue ad-interim ex-parte Temporary Injunction against the defendants as sought in I.A.No.2 till next date of hearing.

Plaintiff shall have to comply the provisions of 39 Rule 3(a) of CPC.

After compliance and after paying sufficient P.F office is directed to issue certified copy of this order.

Issue suit summons along with Notice of I.A.No.2 to the defendants returnable by: 19.04.2025."

(Emphasis added)

Surprisingly, the order is corrected four days later on 07-04-2025.

While several allegations are made with regard to the correction,

but they appear to be typographical errors being corrected.

Nonetheless, there is an ad interim ex parte temporary injunction

on an application filed by the plaintiff. The order straight away

affects the right of the petitioners. When the entire pleadings and

the prayer are pointed against the petitioners, the concerned Court

ought not to have granted an accused-interim temporary injunction

restraining the defendants from acting in a particular manner,

which would straight away affect the rights of the petitioners. It is

trite that what had to be done directly, cannot be done indirectly.

An indirect method of keeping the petitioners away by not arraying

them as parties and filing the O.S.No.2499 of 2025 was itself a

dubious step, on the part of the 1st respondent/plaintiff.

9. The submission of the learned senior counsel for the 1st

respondent/plaintiff is that there was an injunction order. This order

is in continuation of the said injunction order and it is not against

the petitioners. The said submission is noted only to be rejected.

The direct effect of the prayer that is sought was that the

petitioners could not use their Btv logo in all social media

platforms; it does not affect the social media platform but it affects

the 2nd petitioner. The social media platforms which are made as

defendants are only intermediary. The right of the 2nd petitioner is

what is taken away without hearing and without making 2nd

petitioner a party. While it is the power of the Court to grant

temporary injunction under Order XXXIX Rules 1 and 2 of the CPC,

that cannot be granted against a person who is not even a party.

10. Temporary injunctions can be granted only against those

who are made defendants in the suit. Restraint orders against third

parties who are not made parties to the suit cannot be granted by

any cannon of law. While litigants may make or may not make

certain parties as defendants, though seeking a prayer against

those persons, but, the concerned Court cannot blissfully ignore the

law and pass the orders of the kind that is now passed. The

plaintiff shall now implead the petitioners as defendants in the

subject suit, failing which, no order can be passed against the

petitioners at any point during the subsistence of the suit. The writ

petition thus, deserves to succeed.

11. For the aforesaid reasons, the following:

ORDER

(i) Writ Petition is allowed with cost of ₹50,000/- payable by the 1st respondent to the petitioners.

(ii) The order dated 04-04-2025 passed by the LIX Additional City Civil and Sessions Judge, Bengaluru on I.A.II in O.S.No.2499 of 2025 and the corrected order passed thereto on 07-04-2025 are set aside qua the petitioners.

(iii) All other contentions shall remain open. The plaintiff shall now implead the petitioners as defendants before the concerned Court.

Consequently, I.A.No.1 of 2025 also stands disposed.

Sd/-

(M.NAGAPRASANNA) JUDGE

bkp CT:MJ

 
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