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2023 Supreme(Online)(KAR) 304
C/W WP No. 17077 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5348 OF 2023 (CPC)
C/W
WRIT PETITION NO. 17077 OF 2023(GM-CPC)
IN MFA 5348/2023
BETWEEN:
- M/S SATTVA INFRASTRUCUTURE
- INDIA PRIVATE LIMITED
- A COMPANY INCORPORATED UNDER THE PROVISIONS OF
- COMPANIES ACT 1956
- AND HAVING REGISTERED
- OFFICE AT NO.3, SALARPURIA
- WINDSOR 4TH FLOOR
- ULSOOR ROAD, BENGALURU-560042
- REPRESENTED BY ITS
- AUTHORISED SIGNATORY
…APPELLANT
- (BY SRI K G RAGHAVAN, SENIOR COUNSEL
- FOR SRI. BADRI VISHAL., ADVOCATE)
- AND:
SRI S NAGARAJI
S/O LATE SRI SWAMINATHAN
AGED ABOUT 74 YEARS R/AT 680, 9TH A CROSS WEST OF CHORD ROAD
MAHALAKSHMIPURAM
BENGALURU-560086
…RESPONDENT
(BY SRI.SAMPATH KUMAR B.K., SENIOR COUNSEL FOR
SRI. PRASANTH V.G., ADVOCATE FOR C/R)
C/W WP No. 17077 of 2023
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
- SEC.151 OF CPC, AGAINST THE ORDER DATED:15.07.2023 PASSED ON IA NO.2 IN OS.NO.631/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, JMFC, NELAMANGALA, ALLOWING IA NO.2 FILED U/O.39 RULE 1 AND 2 R/W SECTION
151 OF CPC.
IN WP 17077/2023
- BETWEEN:
- M/S SATTVA INFRASTRUCUTURE
- INDIA PRIVATE LIMITED
- A COMPANY INCORPORATED UNDER THE PROVISIONS OF
- COMPANIES ACT 1956
- AND HAVING REGISTERED
- OFFICE AT NO.3, SALARPURIA
- WINDSOR 4TH FLOOR
- ULSOOR ROAD, BENGALURU-560042
- REPRESENTED BY ITS
- AUTHORISED SIGNATORY
…PETITIONER
- (BY SRI K G RAGHAVAN, SENIOR COUNSEL
- FOR SRI. BADRI VISHAL., ADVOCATE)
- AND:
SRI S NAGARAJI
S/O LATE SRI SWAMINATHAN
AGED ABOUT 74 YEARS R/AT 680, 9TH A CROSS WEST OF CHORD ROAD
MAHALAKSHMIPURAM
BENGALURU-560086
…RESPONDENT
(BY SRI.SAMPATH KUMAR B.K., SENIOR COUNSEL FOR
SRI. PRASANTH V.G., ADVOCATE FOR C/R)
C/W WP No. 17077 of 2023
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
- CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED: 15.07.2022 PASSED BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE NELAMANAGALA ON IA NO.III OF 2022
IN OS NO.631/2021 PRODUCED AG ANNEXURE-A.
THIS APPEAL AND PETITION, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
MFA No.5348/2023 and W.P.No.17077/2023 are arising out of the common order passed by the trial court, on IA Nos. 2 and 3. Hence, these two matters are heard together and common order is being passed.
2. The appeal and writ petition are filed by the defendant challenging the order dated 15.07.2023 passed by the I Additional Senior Civil Judge & JMFC, Nelamangala, on IA No.2 filed by the plaintiff under Order 39 Rules 1 and 2 of CPC and IA No.3 filed by the defendant under Section 52 of the Transfer of Property Act, whereby the trial court allowed IA No.2 filed by the plaintiff and dismissed IA No.3 filed by the defendant. Being aggrieved by the same, defendant filed MFA
- No.5348/2023 against the order passed on IA No.2 and
W.P.No.17077/2023 against the order passed on IA No.3.
3. For the sake of convenience, parties are referred to as per their ranking before the trial court.
4. The plaintiff filed a suit for recovery of money, declaration and injunction. Along with the plaint, he filed IA No.2 under Order 39 Rules 1 and 2 of CPC seeking temporary injunction restraining the defendants, its shareholders, its office bearers, its employees or any person associated with defendant from transferring, selling, encumbering or alienating the suit schedule property, till disposal of the suit. The defendant filed IA No.3 under Section 52 of the Transfer of Property Act. The trial court, after hearing both the parties, allowed IA No.2 filed by the plaintiff and dismissed IA No.3 filed by the defendant.
5. Learned Senior Counsel for the respondent/
plaintiff filed a memo dated 20.12.2023 and the same is
objected to by the learned Senior Counsel appearing for the appellant/defendant.
6. Heard Sri K.G.Raghavan, learned Senior Counsel for the appellant/defendant and Sri Sampath Kumar B.K., learned Senior Counsel appearing for the respondent/
plaintiff.
7. After hearing the learned counsel for the parties, in the interest of justice, I am of the opinion that this appeal and the writ petition be disposed of, modifying the order passed by the trial court with certain conditions.
8. Accordingly, I pass the following order:
(i) The appeal and the writ petition stand disposed of.
(ii) The order dated 15.07.2023 passed by the I
Additional Senior Civil Judge and JMFC, Nelamangala on IA Nos. 2 and 3 is modified to the effect that the defendant is permitted to carry out construction and alienate the suit schedule property, subject to condition that he shall
- furnish a bank guarantee of Rs.30,00,00,000/- (Rupees Thirty Crores only), in the name of the Registrar (Judicial), High Court of Karnataka, Bengaluru, within a period of six weeks from today. This order will come into effect only after the bank guarantee is furnished.
(iii) If the defendant alienates the suit schedule property, in the sale deed, he has to mention regarding the pendency of the suit before the trial court.
(iv) All transactions in respect of the suit schedule property are subject to the result of the suit.
(v) It is made clear that the defendant shall not claim any equity if he is unsuccessful in the suit.
(vi) The trial court is directed to dispose of the suit, as expeditiously as possible, at any event, not later than eight months from the date of furnishing of the bank guarantee by the defendant.
(vii) Both the parties are directed to co-operate for speedy disposal of the suit.
(viii) All the contentions of the parties are left open.
(ix) All pending applications stand disposed of.
- CM
- List No.: 1 Sl No.: 51
