Sgk Investment Trust vs Jambu Kannan on 23 February, 2024

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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.
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                                     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-
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                                          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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WP No. 4021 of 2024

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

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