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2025 Supreme(Online)(KAR) 5221

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K. NATARAJAN, J
K.p.ghanshyam S/o Late Shri. K.l.a.padmanabhasa – Appellant
Versus
K.l.swamy Son Of Late Khoday Lakshmansa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. ARJUN RAO, ADVOCATE
For the Respondent:SRI. SUDARSHAN L., ADVOCATE FOR R-1; SMT. SWATHI SUKUMAR, ADVOCATE FOR R3 & 4; SRI. UDAY HOLLA, SENIOR COUNSEL FOR SRI. GURUMURTHY M., ADVOCATE FOR R2, 5, 6, 9 & PROP. R10; SRI. DHYAN CHINNAPPA, SENIOR COUNSEL FOR SRI. A.S.VISHWAJITH, ADVOCATE

CAV JUDGMENT

This appeal is filed by the appellant/plaintiff under Order 43 Rule 1 (r) read with Section 151 of Code of Civil Procedure, 1908 (CPC) for setting aside the order passed by the City Civil and Sessions Judge, Bengaluru in O.S.No.3150/2024 dated 09.05.2024 for having rejected the application in I.A.No.1 filed under Order 39 Rule 1 and 2 of CPC and to grant injunction against the respondent/defendants.

2. Heard the arguments of Sri.Arjun Rao, learned counsel for the appellant and Sri.Sudarshan L, learned counsel for the respondent No.1, Smt.Swathi Sukumar, learned counsel for respondent Nos.3 and 4, Sri.Uday Holla, learned senior counsel for Gurumurthy for respondent Nos.2, 5, 6, 9 and 10 and also heard Sri.Dhyan Chinnappa, learned senior counsel for respondent Nos.7 and 8.

3. The appellant was the plaintiff and the respondents were the defendants before the trial court. The ranks of the parties are retained for the sake of convenience.

4. The case of the plaintiff before the trial court is that the plaintiff filed the suit for declaration to declare the term 'LK Trust' as expired and consequently determine as per the terms of 'Clause 18' of the Trust Deed dated 07.06.1987,

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