Karnataka High Court
D. A. Thejeshwari vs Prasanna. G on 12 December, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.35300 OF 2025 (GM-CPC)
BETWEEN:
1. D. A. THEJESHWARI
AGED ABOUT 56 YEARS
W/O. K.M SRINIVAS MURTHY
R/AT #5/25, 10TH MAIN
13TH CROSS, JAYANAGARA 1ST BLOCK
NEAR ASHOKA PILLAR
BANGALORE NORTH
BANGALORE KARNATAKA -56001.
...PETITIONER
(BY SRI VIGHNESHWARA SHASTRY, SENIOR ADVOCATE FOR
SRI SUNIL K N., ADVOCATE)
AND:
1. PRASANNA G.
S/O. PUTTASWAMY
R/AT SENIOR SUB REGISTER
OFFICE 2ND FLOOR
7TH CROSS, 3RD BLOCK
Digitally signed
KORAMANGALA
by BENGALURU CITY
GAVRIBIDANUR
SUBRAMANYA KARNATAKA PIN - 560 034.
GUPTA
SREENATH
Location: HIGH 2. SUBRAHAMANYA
COURT OF S/O. MUNIYAPPA
KARNATAKA
R/AT NO.15, 2ND CROSS
UTTRAHALLI MAIN ROAD
UDAYANA AGARA
CHIKKALSANDRA
BENGALURU CITY
KARNATAKA PIN - 560 061.
3. TV 9 KANNADA NEWS CHANNEL
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HAVING IT'S REGISTERED
OFFICE AT NO.13
RHENIUS STREET
RICHMOND TOWN
CIVIL STATION
BANGALORE - 25
REP. BY ITS CHIEF EDITOR.
4. NEWS 18 KANNADA NEWS CHANNEL
HAVING IT'S REGISTERED
OFFICE AT 4TH FLOOR
SILVER JUBILEE BLOCK
CSI COMPOUND
UNITY BUILDINGS
3RD CROSS, MISSION ROAD
BANGALORE - 27.
REP. BY ITS CHIEF EDITOR.
5. B TV NEWS CHANNEL
HAVING IT'S REGISTERED
OFFICE AT 32/1-2
CRESCENT TOWER
CRESCENT ROAD
HIGH GROUNDS, BANGALORE - 01
REP. BY ITS CHIEF EDITOR.
6. SUVARNA NEWS CHANNEL
HAVING IT'S REGISTERED
OFFICE AT #36, CRESCENT ROAD
OPP. MALLIGE HOSPITAL
BANGALORE - 01
REP. BY ITS CHIEF EDITOR.
7. JANASRI NEWS CHANNEL
HAVING IT'S REGISTERED
OFFICE AT #351
SALARPURIA TOWER-1
HOSUR ROAD, KORAMANGALA
BANGALORE - 98
REP. BY ITS CHIEF EDITOR.
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8. PRAJA TV
HAVING IT'S REGISTERED
OFFICE AT #15,
C/O. SAMPARKA INFO
MEDIA PVT. LTD.
SHAZENLAVELLE
4TH FLOOR, WALTON ROAD
BANGALORE - 49
REP. BY ITS CHIEF EDITOR.
9. PUBLIC TV
HAVING IT'S REGISTERED
OFFICE AT 4TH FLOOR
BMTC COMPLEX, YESHWANTPUR
BANGALORE-22
REP. BY ITS CHIEF EDITOR.
10. UDAYA NEWS
HAVING IT'S REGISTERED
OFFICE AT #9, SUN TV
NETWORK, MARAN TOWERS
OLD PASSPORT OFFICE
BRUNTON ROAD, BANGALORE-25
RE. BY ITS CHIEF EDITOR.
11. DIGVIJAYA KANNADA NEWS CHANNEL
HAVING IT'S REGISTERED
OFFICE AT LALBHAG MAIN ROAD
NEAR URVASHI THEATER
BANGALORE-560027
[email protected]
REP. BY ITS CHIEF EDITOR.
12. KASTHURI KANNADA NEWS CHANNEL
HAVING IT'S REGISTERED
OFFICE AT KASTURBA RD.
SHANTHALA NAGAR
SAMPANGIRAMA NAGAR
BENGALURU-560001
[email protected]
REP. BY ITS CHIEF EDITOR.
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13. TV5 KANNADA NEWS CHANNEL
HAVING IT'S REGISTERED
OFFICE AT PLOT NO.129
RAILWAY PARALLEL RD.
KUMARA PARK WEST
SESHADRIPURAM, BENGALURU
KARNATAKA - 560020
[email protected]
REP. BY ITS CHIEF EDITOR.
14. POWER TV
HAVING IT'S REGISTERED
OFFICE AT 1ST PHASE
POWER TV NEWS
POWER SMART MEDIA
NO.7, 11TH MAIN
MATHIKERE MAIN ROAD
1ST STAGE GOKULA EXTENTION
YESHWANTHPUR, BENGALURU
KARNATAKA - 560 054
REP. BY ITS CHIEF EDITOR.
15. HAI BENGALURU KANNADA
WEEKLY NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT NO.2, PRARTHANA SCHOOL
80 FEET ROAD, PADMANABHANAGAR
BANGALORE - 560 070
REP. BY ITS CHIEF EDITOR.
16. LANKESHVAARAPATHRIKE
HAVING IT'S REGISTERED
OFFICE AT NO.9, EAST ANJANEYA
TEMPLE STREET, GANDHI BAZAAR
BASAVANAGUDI, BANGALORE - 560004
REP. BY ITS CHIEF EDITOR.
17. SANJEVANI KANNADA NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT NO.11/2
QUEENS ROAD, OPPOSITE TO
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CONGRESS OFFICE, BANGALORE - 560051.
[email protected]
REP. BY ITS CHIEF EDITOR.
18. E SANJE KANNADA NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT NO.2/4
DR. RAJKUMAR ROAD
RAJAJINAGAR
BANGALORE - 560 010
[email protected]
REP. BY ITS CHIEF EDITOR.
19. VISHWAVANI KANNADA NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT NO. 915
DHANUSH PLAZA, 2ND & 3RD FLOOR
2ND MAIN ROAD, RAJARAJESHWARI NAGAR
BANGALORE - 560 098
[email protected]
REP. BY ITS CHIEF EDITOR.
20. THE TIMES OF INDIA NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT #40/1, S & B TOWERS
M.G. ROAD, BANGALORE - 560 001.
[email protected]
REP. BY ITS CHIEF EDITOR.
21. THE HINDU NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT #19 & 21
KASTHURI AND SON'S
BHAGWAN MAHAVEER ROAD
INFANTRY ROAD, BANGALORE - 560 001
[email protected]
REP. BY ITS CHIEF EDITOR.
22. PRAJAVANI DAILY NEWS PAPER LTD.
HAVING IT'S REGISTERED
OFFICE AT THE PRINTERS
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(MYSORE) PVT. LTD.
#75, M.G. ROAD, BANGALORE - 01
REP. BY ITS CHIEF EDITOR.
23. DECCAN HERALD NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT THE PRINTERS
(MYSORE) PVT LTD.
#75, M.G. ROAD
BANGALORE - 01.
REP. BY ITS CHIEF EDITOR.
24. VIJAYA KARNATAKA NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT #4, PAMPA MAHAKAVI ROAD
CHAMRAJPET, BANGALORE - 18
REP. BY ITS CHIEF EDITOR.
25. VIJAYA VANI NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT #24
SRI SAI RAM TOWERS
3RD FLOOR, 5TH MAIN ROAD
CHAMRAJPET, BANGALORE - 18
REP. BY ITS CHIEF EDITOR.
26. KANNADA PRABHA NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT #18, CRESCENT ROAD
MADHAVA NAGAR, GANDHI NAGAR
BANGALORE - 560 001
REP. BY ITS CHIEF EDITOR.
27. UDAYAVANI NEWS PAPER
HAVING IT'S REGISTERED
OFFICE AT #47, DICKENSON ROAD
YELLAPPA GARDEN
FM CARIAPPA COLONY
SIVANCHETTI GARDENS
BANGALORE - 560 001
REP. BY ITS CHIEF EDITOR.
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28. THE FILE
HAVING ITS REGISTERED
OFFICE AT NO.30/9
2ND MAIN ROAD, 8TH CROSS
2ND BLOCK, NANDHINI LAYOUT
BANGALORE
REP. BY ITS CHIEF EDITOR.
29. NEWS FIRST KANNADA
NO.31, TBR TOWER NEW MISSION ROAD
1ST A CROSS J. C. RD.
BANGALORE - 560 027
REP. BY ITS CHIEF EDITOR.
30. RAJ NEWS KANNADA
RAJ TELEVISION NETWORK LTD.
32, POES ROAD 2ND STREET
TEYNAMPET, CHENNAI - 600 018
REP. BY ITS CHIEF EDITOR.
31. BANGALORE MIRROR
NO.17, DUPARC BUILDING
OPP. VIJAYA BANK
MAHATMA GANDHI RD.
BENGALURU - 560 001.
REP. BY ITS CHIEF EDITOR.
32. THE NEW INDIAN EXPRESS
NO.29, 2ND MAIN ROAD
AMBATTUR INDUSTRIAL ESTATE
CHENNAI - 600 058
REP. BY ITS CHIEF EDITOR.
33. THE ECONOMIC TIMES
3RD FLOOR, TIMES OF INDIA
BUILDING, DR. D. N. ROAD
FORT, OPPOSITE CST RAILWAY
STATION, MUMBAI - 400 001.
REP. BY ITS CHIEF EDITOR.
34. THE INDIAN EXPRESS
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THE INDIAN EXPRESS (P) LTD
EXPRESS TOWERS
FIRST FLOOR (MEZZANINE)
NARIMAN POINT, MUMBAI - 400 021.
REP. BY ITS CHIEF EDITOR.
35. DECCAN CHRONICLE
36, SAROJINI DEVI ROAD
TELANGANA, SECUNDERABAD - 500 003
REP. BY ITS CHIEF EDITOR.
36. ONEINDIA
#74/2, 4TH FLOOR
SANJANA PLAZA, ELEPHANT ROCK
ROAD, 3RD BLOCK, JAYANAGAR
BENGALURU, KARNATAKA - 560 011
REP. BY ITS CHIEF EDITOR.
37. SRI VIJAYA TV24
#797/1, OPP. AMARAVATI
BATTERIES, NEAR ANDOLANA
PRESS, 8TH CROSS
RAMANUJA ROAD
MYSORE, KARNATAKA - 570 004.
REPRESENTED BY SRINIDHI EDITOR IN CHIEF.
38. PRATIKSHANA NEWS
PRAGATHI BUILDING
PRAJAPRAGATHI
BENGALURU HONNAVAR
ROAD, TUMAKURU - 572 102.
REPRESENTED BY EDITOR IN CHIEF.
39. SUDDI MANE
#6, 4TH MAIN ROAD
1ST CROSS, BALAJI NAGAR
BENGALURU, KARNATAKA
INDIA - 560 029.
REPRESENTED BY EDITOR IN CHIEF.
40. SPEED NEWS
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#47, 1ST FLOOR, SY.NO.12/1
UTTARHALLI MAIN ROAD
ABOVE ICICI BANK
BANGALORE - 560 061.
REPRESENTED BY KEERTHI EDITOR IN CHIEF.
41. KANNADA FLASH NEWS
LAVELLE ROAD, ASHOK NAGAR
BANGALORE - 560 001
REPRESENTED BY EDITOR IN CHIEF
kannadafalshnews.com
PH. NO. 09480849782
REPRESENTED BY EDITOR IN CHIEF.
42. YOUTUBE
GOOGLE INDIA PVT. LTD. BLOCK 1
DIVYA SHREE OMEGA
SURVEY NO.13, KONDAPUR
VILLAGE, HYDERABAD
ANDRAPRADESH - 50008
REP. BY ITS MANAGING DIRECTOR.
43. FACEBOOK LLC
OFFICE AT A1, HIDDEN NEST
16 LEONARD LANE
RICHMOND TOWN
BENGALURU - 560 025
REP. BY ITS MANAGING DIRECTOR.
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO
QUASH THE ORDER DATED 14.11.2025 MADE ON
I.A.NO.1/2025 IN O.S.NO.7977/2025 ON THE FILE OF THE
PRINCIPAL CITY CIVIL AND SESSION JUDGE AT BENGALURU
VIDE ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for petitioner-plaintiff and learned counsel for respondents-defendants.
2. Parties are referred to as per their status before the trial Court.
3. The petitioner is the plaintiff, who has instituted a suit in O.S.No.7977/2025 against the respondents- defendants before the trial Court seeking the following reliefs:
"a. To Grant permanent injunction against Defendants, restraining the defendants in any manner either by themselves or through any other ways from telecasting/broadcasting /publishing the fake news about the plaintiff. b. Grant permanent injunction restraining the defendants from propagating and defendants from telecasting, Publishing, the printed article, Breaking news/news item, Program/debates in any manner in their TV Channel, Web Portal, and social media thereby causing damage to the
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NC: 2025:KHC:53932 WP No. 35300 of 2025 HC-KAR integrity and reputation of the plaintiff's without their being any basis actuated with mala-fides. c. Grant any such other relief(s) as this Hon'ble Court deems fit in the interest of justice and equity."
4. Along with the plaint, the plaintiff has filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, wherein he sought for an ad interim ex parte order of temporary injunction restraining the defendants, from transient, publishing, distributing, sharing any materials, transient in any media, newspaper, local cable, operated channels, interest, website, social media etc., or in any manner whatsoever their officials, agents, servants, henchmen, attorney etc., till pending disposal of the suit. The affidavit was also annexed to the said application.
5. The trial Court, after hearing the petitioner- plaintiff on the application for grant of an ad interim ex parte order of temporary injunction filed under XXXIX Rules 1 and 2 read with Section 151 of CPC, issued an
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NC: 2025:KHC:53932 WP No. 35300 of 2025 HC-KAR emergent notice on I.A.No.1 and suit summons to the defendants returnable by 07.01.2026. Aggrieved by which, the petitioner-plaintiff is before this Court.
6. It is the contention of the learned counsel for plaintiff that the plaintiff is the Managing Director of Mysuru Fruit Product Private Limited, a company incorporated under the Companies Act. The respondents- defendants are media organisations engaged in print, electronic and digital news dissemination. He further contended that the First Information Report has been registered in crime No.342/2025 before Hebbagodi Police Station against the petitioner-plaintiff based on false and baseless allegations regarding creation of forged General Power of Attorney and another false First Information Report has also been registered in crime No.227/2025 before Kormanagal Police Station against the petitioner- plaintiff.
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7. Being aggrieved by the said crime No.227/2025, the plaintiff has filed a writ petition in W.P.No.29396/2025 before this Court for grant of stay. However, this Court vide its order dated 05.11.2025 has stayed further proceedings/investigation arising out of Crime No.227/2025 of Koramangala Police Station, insofar as the petitioner/accused No.1.
8. It is also contended by the learned counsel for plaintiff that when the proceedings and investigation arising out of the crime No.227/2025 have been stayed by this Court, the apprehension of the defendants, who are threatening to publish news articles and reports regarding the FIR, is that it would be prejudicial to the interest and reputation of the plaintiff without due verification or final outcome of investigation, which would cause grave injustice, irreparable harm, damage to the person, defaming the plaintiff in his professional standing in the Society.
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9. It is further contented by learned counsel for plaintiff that the investigation on the said crime has been stayed. Therefore, without any proper investigation from the appropriate Authority, the defendants, the print media and electronic media may publicise and sensationalise the news, fake news and defamatory news and constitute a trial by media, thereby the rights of the plaintiff and the presumption of innocence for a fair trial.
10. Learned counsel further contended that such unnecessary fake defamatory false news may affect the reputation of the plaintiff and its stakeholders. He also contended that the fake news may be telecasted and broadcasted by the defendants in the social media, print media and other media and also conduct a media trial, thereby tarnishing the image, defaming the plaintiff and causing irreversible damage to the plaintiff. Hence, he filed a suit against the defendants.
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11. Learned counsel for plaintiff relied upon the interim order granted by this Court, wherein this Court stayed the further proceedings/investigation arising out of Crime No.227/2025 of Koramangala Police Station, insofar as the petitioner/accused No.1. Under the circumstance, if interim order is not granted in favour of the plaintiff, he would suffer irreparable injury and defamatory statements would be published against him, which are fake and not authenticated. Hence, the plaintiff has filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC before the trial Court to pass an ad interim ex parte order of temporary injunction prior to issuance of notice to the defendants. The said application has been mechanically dealt with by the trial Court. No orders have been passed either granting or rejecting the application. However, the trial Court has merely issued emergent notice on the said application and with a mere sentence that:
"In the case on hand, the Plaintiff has not produced any material documents to show that the
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NC: 2025:KHC:53932 WP No. 35300 of 2025 HC-KAR defendants intend to publish defamatory content against the Plaintiff. Thus, it is just and proper to hear defendants on I.A.No.1."
12. When an application is filed under Order XXXIX Rules 1 and 2 of CPC in the suit proceedings, it is the duty and obligation of the trial Court to pass suitable orders on the said application by following Proviso to Order XXXIX Rule 3 of CPC, wherein the plaintiff is seeking relief of an ad interim ex parte order of temporary injunction before issuance of notice to the defendants as the delay in issuance of notice would cause irreparable hardship and injury to the plaintiff.
13. In those circumstances, it is provided in the provision that under extraordinary exceptional circumstances, if the trial Court being satisfied to grant such a relief prior to issuance of notice to the defendant/s, it is not necessary in all cases that the trial Court would have to issue emergent notice or hear the defendant/s before passing an ad interim ex parte order of temporary
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NC: 2025:KHC:53932 WP No. 35300 of 2025 HC-KAR injunction. There are two stages arising out of the provision under Order XXXIX Rules 1 and 2 of CPC, i.e., to issue notice and thereafter, hear and pass orders when there is no urgency made out or the delay would not cause any harm to the plaintiff/s. However, on the contrary, when the delay in issuance of notice infringes the personal liberty, right or damage to the property or creates threat to the person or property of the plaintiff/s, the trial Court is obligated and duty bound to pass a reasoned order to protect the plaintiff and preserve his property.
14. It is relevant to note that while deciding the application under Order XXXIX Rules 1 and 2 of CPC, the trial Court would have to consider the judgments of the Hon'ble Apex Court in the cases of Shiv Kumar Chadha v/s Municipal Corporation of Delhi and others reported in (1993) 3 SCC 161, Time City infrastructure and Housing Limited Lucknow V/s State of U.P. and others reported in 2025 SCC Online SC 1674, the Co-ordinate Bench of this Court in the case
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NC: 2025:KHC:53932 WP No. 35300 of 2025 HC-KAR of Vedant Fashions Pvt. Ltd. v/s Smt.Rajul Devi reported in 2014 SCC OnLine Kar 7191 and also this Court in the case of Karnataka State Cricket Association v/s Mr. Shashidhara A.V. in W.P.No.33725/2025 (decided on 17.11.2025).
15. However, in the present case on hand, the fact is that the trial Court has not bothered to pass a reasoned order either to grant or reject an ad interim ex parte order of temporary injunction. Hence, the order passed by the trial Court is not sustainable.
16. Accordingly, I pass the following:
ORDER i. This petition is disposed off; ii. The matter is remitted back to the trial Court to consider the application in I.A.No.1 filed under Order XXXIX Rules 1 and 2 of CPC either to grant or reject and while doing so, the trial Court is bound to provide reasons either way.
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NC: 2025:KHC:53932 WP No. 35300 of 2025 HC-KAR iii. The trial Court shall pass suitable orders without being influenced by any of the observations made herein, except with regard to following due process of law and adhering to the provisions under Order XXXIX Rules 1 and 2 read with Section 151 of CPC, Proviso to Order XXXIX Rule 3 of CPC, the judgments of the Hon'ble Apex Court and the judgments of this Court, strictly;
iv. The petitioner-plaintiff is at liberty to advance the matter and seek relief from the trial Court; v. It is also needless to mention that the trial Court would have to look into all the materials placed by the petitioner-plaintiff, including the stay order obtained by this Court in W.P.No.29396/2025, wherein this Court stayed the further proceedings/investigation arising out of FIR No.227/2025 of Koramangala Police Station, insofar as the petitioner/accused No.1.
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NC: 2025:KHC:53932 WP No. 35300 of 2025 HC-KAR The trial Court would have to apply its mind and not treat this matter like any other matter for tangible property, as this matter relates to, the defamatory statements or any media interference that may cause damage to the reputation of the petitioner-plaintiff, which would be irreversible and not compensated by imposing any costs;
vi. It is needless to mention that this Court has not expressed any Opinion on the merits of the matter.
Sd/-
(PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 8