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NC: 2024:KHC:17551
WP No. 13079 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF MAY, 2024

BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 13079 OF 2024 (GM-CPC)
BETWEEN:

1. M/S. SRINIVASA TRUST,

A TRUST REGISTERED UNDER
THE INDIAN TRUST ACT, 1881,
HAVING ITS PRINCIPAL OFFICE AT
7/21, 1ST CROSS, 9TH MAIN,
RMV EXTENSION,
BENGALURU - 560 080.
REPRESENTED BY ITS TRUSTEE AND
AUTHORISED SIGNATORY,
D.A. SRINIVAS.

2. KALPAJA DALAVOI,
AGED ABOUT 57 YEARS,
TRUSTEE OF M/S SRINIVASA TRUST,
AT NO.87, SAI KESHAV,
OPPOSITE SAI GARDENS,
Digitally SEEGAHALLI,
signed by
SHAKAMBARI BENGALURU - 560 067.
Location: …PETITIONERS
HIGH COURT
OF
KARNATAKA (BY SRI. VIKRAM HUILGOL, SENIOR ADVOCATE FOR
SRI. SHRAVAN MADHAV K.P., ADVOCATE)

AND:

MRS. EKTA KUKREJA,

DIRECTOR OF ANUSHKA CONSTRUCTIONS
PVT. LTD.,
D/O LATE NANDA KUMAR BASHOMAL
MENDA,
AGED ABOUT 48 YEARS,
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WP No. 13079 of 2024

R/AT FLAT NO.21/B,

KINGFISHER TOWERS,
KASTURBA ROAD CROSS,
BANGALORE - 560 001.
…RESPONDENT
(BY SRI. VISHWANATH G.L., SENIOR ADVOCATE FOR
SMT. MANASA B. RAO, ADVOCATE FOR C/RESPONDENT)

THIS WP IS FILED UNDER ARTICLE 227 OF THE

CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
AND SET ASIDE THE ORDER DATED 23/04/2024, PASSED BY
THE LD. 1ST ADDL. CITY CIVIL AND SESSIONS JUDGE,
BANGALORE IN OS NO. 2897/2024 (AT ANNEXURE-J) ON IA
NO. 1 FILED UNDER ORDER 39 RULE 1 AND 2 OF THE CODE OF
CIVIL PROCEDURE AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard Sri. Vikram Huilgol, learned Senior counsel

appearing for the petitioners and Sri. Vishwanath G.L., learned

Senior counsel appearing for the caveator/respondent.

2. This petition is filed by the petitioners, who are

plaintiffs in O.S.No.1453/2024, which is filed by them for relief

of specific performance of the agreement dated 13.03.2023

apparently executed by the defendant therein agreeing to sell

the property in favour of the petitioners/plaintiffs; and who are

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WP No. 13079 of 2024

also arrayed as defendants in O.S.No.2897/2024 filed by the

respondent herein.

3. It appears that the Trial Court in the suit in

O.S.No.1453/2024 filed by the petitioners who are plaintiffs

therein has passed an exparte interim order on 26.02.2024,

which reads as under:

"Heard argument perused grounds urged in the

affidavit filed along with I.A., documents placed on
records. On perusing the same in my opinion at this
stage Plaintiff has made out prima faice case to grant
had interim exparte order, otherwise the defendant by
taking the Khata accepted in his name will alienate the
Suit schedule property to the 3rd parties. If a alienated
the Suit schedule to the 3rd party the Plaintiff who paid
Rs.70 Corers to the defendant will be put to great and
such injury cannot be compensated in terms of money
and moreover the purpose of suit will be defeated in
order to avoid it is a fit case to grant interim.

Accordingly, I proceed to pass the following:

ORDER

The Temporary Injunction is granted till next date

of hearing.

The defendant or his agents or anybody are

hereby restrained from alienating the Suit schedule
property till next date of hearing.

Issue Suit summons, notice and TI order IA no. 1

to the defendant.

The Plaintiff is directed to comply the order.

Office is directed to keep the document in safe

locker.
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Call on 15.04.2024."

4. Learned Senior counsel appearing for the

petitioners submits that the defendant in the said suit filed a

memo dated 25.03.2024 along with certified copy of the sale

deed dated 13.03.2024 purportedly executed by the defendant

in favour of one Ekta Kukrerja, the respondent herein. That,

subsequently, the said Ekta Kukraj has filed the suit

O.S.No.2897/2024 making the petitioners herein as party

defendants. The said suit was also listed before the very same

Court before which the earlier suit filed by the petitioners

herein is pending consideration. The Trial Court in the

subsequent suit filed by Ekta Kukreja, has granted an interim

order, which reads as follows:

"......

ORDER

The Temporary Injunction is granted till next date

of hearing.

The defendants or their agents or anybody are

hereby restrained from interfering with the peaceful
possession and enjoyment of Plaintiff over the Suit
Schedule property.

This order will not helpful to the case of the Plaintiff

to alienate the Suit Schedule property.

Issue suit summons, TI order and Notice on I.A No.1

to the defendant No.1 and 2.
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The Plaintiff is hereby directed to comply the order.

Call on 18.06.2024."

It is the aforesaid interim order passed in

O.S.No.2897/2024 that has given raise to present writ petition.

5. The contention of the learned Senior counsel

appearing for the petitioners is that taking advantage of the

aforesaid interim order granted in O.S.No.2897/2024,

subsequent purchaser namely, the said Ekta Kukreja, the

respondent herein is making hectic efforts to dispossess the

petitioners from the suit schedule property. He, however,

submits that since both the matters are listed before the same

Court, parties be relegated to urge their contentions and seek

appropriate relief and till such time, he submits, as an interim

measure, parties may be directed to maintain status-quo.

6. Per contra, learned Senior counsel appearing for the

respondent vehemently opposes the said submission

contending that there is no iota of material produced by the

petitioners herein to justify their contention of they being in

possession of the subject property. On the other hand, he

submits that the respondent herein is in possession of the

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property pursuant to the aforesaid date of sale dated

13.03.2024, which is a registered instrument. He further

submits that rights in favour of the respondent was created by

the original defendant in terms of registered agreement of sale

dated 17.11.2022, which was to the knowledge of the

petitioners herein. He also submits that any order directing the

parties to maintain status-quo would not only create ambiguity

but is also contrary to the settled principles of law that an order

of status-quo in vacuum cannot be granted. He also submits

that the petitioners are yet to make their appearance in the

subsequent suit filed by the respondent herein in

O.S.No.2897/2024 and that the petitioners all are at liberty to

file necessary applications and seek appropriate relief instead of

seeking any interim order at the hands of this Court.

7. Heard. Perused the records.

8. There is no dispute with regard to the principle

insisted by the learned Senior counsel appearing for the

respondent that an order of status-quo in vacuum cannot be

granted. However, the facts of the present case reveal that the

vendor of the respondent was a party defendant in the suit filed

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by petitioners in O.S.No.1453/2024 for specific performance, in

which the Trial Court has granted the relief of temporary

injunction restraining the said defendant from alienating the

suit schedule property which order was well within the

knowledge of the vendor of the respondent.

9. Further, the records also reveal that the said vendor

of the respondent had filed a memo dated 25.03.2024

enclosing the certified copy of the sale deed dated 13.03.2024

stating that she has conveyed the property in favour of the

respondent herein. This conduct of the vendor of the

respondent herein apart from being audacious also gives rise to

a serious question with regard to the bonafides. While the

petitioners claim to be in possession of the subject property

and on the other hand respondent claims to be in possession

of the subject property in terms of the aforesaid deed of sale

dated 13.03.2024, the same requires to be considered by the

Trial Court while considering the contentions of the parties.

10. Without expressing any opinion on the merits

and/or demerits of the contentions being urged by the parties,

in the peculiar facts and circumstance of the matter as noted

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above, and in view of the subject land being a vacant land

measuring about 4 acres 39 guntas, this Court is of the

considered view that ends of justice would be met; and

accordingly the parties to the lis are directed to maintain the

nature of the subject property as existing on this date and are

further directed not to create any charge or third party right

and interest over the same till the Trial Court passes

appropriate orders on the applications filed/to be filed by the

parties in the pending suits. It is made clear that the Trial Court

shall pass orders based on the merits and on consideration of

the contentions of the parties without being influenced by any

observations made in this order. Trial Court may take up both

the suits for analogous hearing for expeditious disposal of the

same.

With the aforesaid observations, the writ petition stands

disposed of.

Sd/-
JUDGE

SJK
List No.: 1 Sl No.: 61