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Karnataka High Court
Sgk Investment Trust vs Jambu Kannan on 23 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1- NC: 2024:KHC:7715 WP No. 4021 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 4021 OF 2024 (GM-CPC) BETWEEN: SGK INVESTMENT TRUST A REGISTERED TRUST HAVING ITS OFIFCE AT NO 855, 13TH MAIN 3RD BLOCK, 4TH CROSS KORAMANGALA BENGALURU - 560 034, REPRESENTED BY ITS AUTHORIZED SIGNATORY MR K C GANESH TRUT PRESIDENT ...PETITIONER (BY SRI. MANEESHA KONGOVI.,ADVOCATE) AND: 1. JAMBU KANNAN Digitally WIFE OF LATE K V KANNAN signed by AGED ABOUT 90 YEARS VANDANA S RESIDING AT FLT NO 104 AND 105 Location: SRI SAILAM APRTMENTS HIGH NO 59, 4TH MAIN ROAD COURT OF KARNATAKA GAVIPURAM EXTENSION BENGALURU 560019 2. MR DASHARATHI K V SON OF LATE K V KANNAN AGED ABOUT 71 YEARS RESIDING AT: APARTMENT NO A1- 513 SOBHA DEWFLOWER SARAKKI MAIN ROAD J P NAGAR, 1ST PHASE BENGALURU - 560 078. -2- NC: 2024:KHC:7715 WP No. 4021 of 2024 3. MRS SOWMYA DASHARATHI WIFE OF MR DASHARATHI K V AGED ABOUT 64 YEARS APARTMENT NO A1- 513 SOBHA DEWFLOWER SARAKKI MAIN ROAD J P NAGAR, 1ST PHASE BENGALURU - 560 078. 4. MRS SHEELA SRIPATHI WIFE OF LATE MR SIRPATHI K V AGED ABOUT 62 YEARS RESIDING T FLAT NO 402 SRI SALIAM APARTMENT NO 59, 4TH MAIN ROAD GAVIPURAM EXTENSION BENGALURU - 560 019. 5. MRS SHRUTHI RANJANI K V D/O LATE M R SRIPATHI K V AGEDA BOUT 36 YEARS RESIDING AT FLAT NO 402 SRI SALIAM APARTMENT NO 59, 4TH MAIN ROAD GAVIPURAM EXTENSION BENGALURU - 560 019. 6. MS K V SRINIDHI DAUGHETER OF LATE MR SRIPATHI K V AGED ABOUT 34 YEARS RESIDING AT FLAT NO 402 SRI SALIAM APARTMENT NO 59, 4TH MAIN ROAD GAVIPURAM EXTENSION BENGALURU - 560 019. 7. MR K V SUDARSHAN SON OFLATE MR SRIPATHI K V AGED ABOUT 31 YEARS RESIDING AT FLAT NO 402 SRI SALIAM APARTMENT NO 59, 4TH MAIN ROAD GAVIPURAM EXTENSION BENGALURU - 560 019. -3- NC: 2024:KHC:7715 WP No. 4021 of 2024 8. ONE WOLF VENTURES PRIVATE LIMITED A COMAPANY INCORPORATED UNDER THECOMPANIES ACT 2013 HAVING ITS REGISERED HEADQUARTERS AT NO 169/3, 1ST FLOOR, 9TH CROSS 1ST STAGE, INDIRANGAR BENGALURU - 560 038. REPRSENTED BY ITS MANAGING DIRECTOR MR SAJJID ALI AGA ...RESPONDENTS (BY SRI. SHASHI KUMAR G V.,ADVOCATE FOR R-1 VIDE ORDER DATED: 08.02.2024 NOTICE TO R-2 TO R-8 D/W) THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE QUASH THE IMPUGNED ORDER DATED 25/01/2024 PASSED BY THE HONBLE VIII ADDL. CITY CIVIL AND SESSIONS JUDGE, CITY CIVIL COURT, BENGALURU IN OS NO. 640/2024 INSOFAR AS IT GRANTS AN ORDER OF EX-PARTE INJUNCTION IN RESPECT OF IA NO. II AND IA NO. IV FILED THEREIN (ANNEXURE-A OF THIS WP). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
This petition by the defendant No.7 in O.S.No.640/2024 is
directed against the impugned order dated 25.01.2024 passed by
the VIII Addl. City Civil and Sessions Judge, Bangalore whereby
the Trial Court granted an ad interim exparte order of temporary
injunction on I.A.Nos.2 and 4 whereby the petitioner-defendant
No.7 was restrained from alienating, encumbering or creating any
third party rights over the suit A schedule property and from
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changing or altering the nature and character of the said property
by the Trial Court.
2. Heard learned counsel for the petitioner and learned
counsel for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that the
respondent No.1-plaintiff instituted the aforesaid suit for partition
and separate possession of her alleged share in the suit schedule
immovable properties and for other reliefs. In the said suit, the
plaintiffs filed 5 interim applications including I.A.Nos.2 and 4 are
for an ad interim exparte order of temporary injunction restraining
defendant No.7 from alienating, encumbering or creating any third
party rights over the suit A schedule property and from changing or
altering its nature or character. By the impugned order of the Trial
Court an ad interim exparte order of temporary injunction against
the petitioner-defendant No.7, who is before this Court by way of
the present petition.
4. Learned counsel for the respondent No.1-plaintiff on
instructions submits that the suit is posted before the Trial Court on
28.02.2024 and necessary directions may be issued to the Trial
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Court to consider and pass appropriate orders on I.A.Nos.2 & 4 in
accordance with law, till which time the petitioner may be restrained
from alienating or changing or altering the nature and character of
the said property.
5. Per contra, learned counsel for the petitioner submits that
the petitioner would file its statement of objections to I.A.Nos.2 & 4
on 28.02.2024 and necessary directions may be given to the Trial
Court to dispose of I.A.Nos.2 & 4 as expeditiously as possible. It is
further submitted that the impugned order passed by the Trial Court
is a cryptic, laconic, non-speaking and unreasoned order without
assigning cogent reasons as to why notice under Order 39 Rule 3
CPC was being dispensed with before passing an ad interim
exparte order of temporary injunction. It is therefore submitted that
the impugned order passed by he Trial Court deserves to be set
aside.
6. Though several contentions have been urged by both
sides in support of their respective claims, it is seen that the suit is
posted before the Trial Court on 28.02.2024. Under these
circumstances, without expressing any opinion on the
merits/demerits of the rival contentions, I deem it just and
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appropriate to dispose of this petition by modifying the impugned
order only insofar as I.A.Nos.2 & 4 only are concerned and only as
against the petitioner-defendant No.7 and by directing the Trial
Court to dispose of I.A.Nos.2 & 4 on or before 11.03.2024.
7. It is further directed that till disposal of I.A.Nos.2 & 4 by
the Trial Court, petitioner-defendant No.7 shall not alienate,
encumber or create any third party rights and shall not put up any
construction over the suit A schedule property. It is hereby clarified
that the Trial Court shall pass appropriate orders on I.A.Nos.2 & 4
without being influenced by the findings recorded in the impugned
order as well as in the present order.
8. It is needless to state in the present order is restricted to
the petitioner-defendant No.7 and respondent No.1-plaintiff and
would not be applicable to the remaining defendants.
Sd/-
JUDGE
DHA
List No.: 1 Sl No.: 22