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2025 Supreme(SC) 115
SUPREME COURT OF INDIA
Sanjiv Khanna, CJI., Sanjay Kumar, K.V. Viswanathan, J.
Vishwa Kalyana Mission and Charitable Trust & Ors. – Appellants
Versus
Sri Jhadguru Channabasavananada Swamiji – Respondent
Civil Appeal No. 220 of 2025 (@ SLP (C) No. 8681/2023) With Civil Appeal No. (@ SLP (c) No. 8597/2023), Civil Appeal No. (@ SLP (C) No. 10204/2023)
Decided On : 07-01-2025
Advocate Appeared:
For the Petitioner: Mr. Basavaprabhu S. Patil, Sr. Adv., Mr. Anirudh Sanganeria, AOR, Mr. Samarth Kashyap, Adv., Mr. Arijeet Shukla, Adv.
For the Respondent: Mr. Balaji Srinivasan, AOR, Mr. Aditya Nath, Adv.
The court confirmed an interim order regarding accommodation and restricted property transactions pending trial court proceedings.
Headnote:(A) Interim Orders - The court confirmed the interim order dated 19.05.2023, which stayed the operation of the judgment dated 16.01.2023, subject to the condition of providing suitable accommodation to the respondent. (Paras 2, 5)
(B) Suitability of Accommodation - A dispute arose regarding the suitability of the accommodation provided, allowing the respondent to raise this issue before the trial court. (Paras 3, 4)
(C) Property Management - The appellants are prohibited from disposing of or transferring any immovable properties without trial court permission. (Para 5)
(D) Rights and Contentions - The order is without prejudice to the rights of the parties and does not reflect on the merits of the case. (Para 6) (E) Clarification - The order should not be interpreted as a concession by either party. (Para 7)
Facts of the case:
The court confirmed an interim order staying a previous judgment, ensuring suitable accommodation for the respondent while addressing disputes regarding property management.
Findings of Court:
The court directed that the appellants must not transfer property without trial court permission and allowed the respondent to raise accommodation issues in court.
Issues: The main issues included the suitability of accommodation and the management of immovable properties.
Ratio Decidendi: The court emphasized the need for trial court involvement in property matters and the importance of addressing accommodation disputes legally.
Result: Appeals disposed of.
ORDER :
1. Leave granted.
2. Having regard to the facts and circumstances of the present case, we deem it appropriate to confirm the interim order passed by this Court on 19.05.2023, whereby we have stayed the operation of the order and judgment dated 16.01.2023, subject to the condition that the appellants will provide suitable accommodation to the respondent, Sri Jagadguru Channabasavananada Swamiji.
3. It is stated that accommodation has been provided to the respondent, Sri Jagadguru Channabasavananada Swamiji, but a dispute has arisen as to the suitability of the said accommodation.
4. It will be open to the respondent, Sri Jagadguru Channabasavananada Swamiji, to raise the aforesaid plea and contention by way of an appropriate application before the trial court. If any such application is filed, the same will be dealt with and considered in accordance with law after hearing the parties.
5. However, we deem it appropriate to direct that the appellants, including Vishwa Kalyana Mission and Charitable Trust, shall not dispose of, alienate and/or transfer possession or give a license in respect of any of the immovable properties, except with the permission of the trial court.
6. This order is without prejudice to the rights and contentions of the parties and will not have any reflection on the merits of the case set up by the parties or on the functioning of the Trust.
7. We further clarify that this order should not be read as a concession given by the appellants or the respondent, Sri Jagadguru Channabasavananada Swamiji.
8. We request the trial court to proceed expeditiously. Recording the aforesaid, the appeals are disposed of.
9. Pending application(s), if any, shall stand disposed of.
