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SANJIV KHANNA, SANJAY KUMAR, K. V. VISWANATHAN
Vishwa Kalyana Mission and Charitable Trust – Appellant
Versus
Sri Jhadguru Channabasavananada Swamiji – Respondent
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 or
The court confirmed an interim order regarding accommodation and restricted property transactions pending trial court proceedings.
The court clarified that an injunction cannot stand if the party seeking it is not presently in possession of the property.
The appellate court cannot interfere with a trial court's interim order unless it is proven to be erroneous or perverse.
The court clarified the limited extent of the restraint on the appellants and emphasized that the factual observations and findings in the impugned order shall not have a bearing on the final disposa....
Court emphasizes the requirement of notifying intentions to create third-party rights in property pending adjudication of application, upholding status quo.
The court has the authority to issue specific directions to maintain the status quo and prevent changes in disputed properties during the pendency of an interlocutory application.
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