IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR M.F.A. NO.10137 OF 2018 (CPC) BETWEEN:
1. HARITA PROJECTS PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, SMIT COMPLEX, CHOICE LANE OFF C G ROAD, NAVRANGPURA AHMEDABAD - 380009.
GUJARAT REPRESENTED BY DIRECTOR DR.GITESH K.SHAH.
2. DR. GITESH K SHAH S/O MR. KRISHNALAL SHAH AGED ABOUT 57 YEARS R/AT NO. 1, PARITOSH BUNGALOWS OPPOSITE ASHWAMEGH BUNGALOWS SATELLITE, AHMEDABAD 380015.
GUJARAT DIRECTOR: HARITA PROJECTS PVT LTD.
3. MRS. BINDA G SHAH W/O DR. GITESH SHAH AGED ABOUT 57 YEARS R/AT: NO. 1, PARITOSH BUNGALOWS OPPOSITE ASHWAMEGH BUNGALOWS SATELLITE, AHMEDABAD - 380015 GUJARAT DIRECTOR: HARITA PROJECTS (P) (L).
... APPELLANTS (BY SMT.MANASI KUMAR, ADVOCATE) AND:
1. EBRAHIM UMARJEE DALAL S/O MR. UMARJEE AGED ABOUT 81 YEARS R/AT NO. 7, ELLESMERE GARDENS BOLTON BL 3 3 GW, UK REP HEREIN BY POWER OF ATTORNEY HOLDER: MR. IQBAL AHMED UMARJI PATEL S/O MR. AHMED UMARJI PATEL AGED ABOUT 63 YEARS R/AT NO. 101, A MEHFUZ COMPLEX OPP. WELFARE HOSPITAL JAMSUDAR ROAD BHRUCH, GUJARAT - 392001.
2. STAR GURUDEV S/O STAR MUNISWAMY AGED 46 YEARS R/AT NO.1202, B BLOCK 12TH FLOOR, MAHAVEER RIVIERA APARTMENTS 5TH PHASE, JP NAGAR BENGALURU - 560078.
3. M/S VINYAS ARCHITECTS REP BY ITS PROPRIETOR MR. PRADEEP KULKARNI # 5, 1ST MAIN, 9TH ‘A’ BLOCK 5TH CROSS, KUMARA PARK WEST BENGALURU – 560020.
... RESPONDENTS (BY SRI.S.VIVEKANANDA, SRI.RAMESH BABU, SRI.V.GANGABAI FOR VGB ASSTS, ADVOCATES) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, 1908 AGAINST THE ORDER DATED 23.11.2018 PASSED ON I.A. NO.1 IN O.S.NO. 26474/2018 ON THE FILE OF THE PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, EXPARTE T.I. IS GRANTED AGAINST THE DEFENDANTS NO.2 TO 4 TILL NEXT DATE OF HEARING AS PRAYED IN I.A.1/2018.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Heard the learned counsel for the appellants and the learned counsel for respondents.
2. This appeal is set down for orders. In the meanwhile, learned counsel for the parties have filed a joint memo.
3. It is relevant to state that the plaintiffs have filed a suit against the defendants seeking for an exparte ad-interim order of temporary injunction restraining the defendant Nos.2 to 4 or persons claiming under or through them from alienating or encumbering or transferring any interest or causing any unauthorized improvements in the suit schedule 2A, 2B, 2C property and restraining the defendant Nos.2 to 4 from causing any threat or interfering in the peaceful possession and enjoyment of the suit schedule property. The same is depicted in the suit.
4. On an application filed by the plaintiffs under Order 39 Rule 1 and 2 of CPC, the Court below passed an order dated 23.11.2018 in O.S.No.26474/2018 granting ad interim order in respect of the schedule properties mentioned in the suit.
5. This Court by order dated 15.12.2018 stayed the impugned order of the Court below restraining the appellants from proceeding with the construction in the aforesaid property until the next date of hearing.
6. Now the learned Counsel for the appellants and 1st respondent have filed a joint memo dated 21.12.2018 by stating that the interim order dated 23.11.2018 passed by the Court below in O.S.No.26474/2018 in respect of the suit schedule 3 property may be modified permitting the appellants to enter into a lease deed in respect of the schedule 3 property as per law. It is further stated that this Court has already permitted the appellants to proceed with the construction on the aforesaid property vide order dated 15.12.2018. It is further stated that subject to the above mentioned construction and leasing of the schedule 3 property, the interim order dated 23.11.2018 has to be extended until the next date of hearing before the court below.
7. The learned counsel for the appellants and 1st respondent submit that this appeal be disposed of in terms of the joint memo filed by them.
8. The joint memo is duly signed by the counsel for the appellants and 1st respondent and the same is taken on record.
9. Keeping in view of the submission made by the learned counsel for the parties and in view of the joint memo filed, this appeal is disposed of in terms of the joint memo.
However, ad-interim order granted by the Court below in O.S.No.26474/2018 is modified as per the order passed by this Court on 15.12.2018 and 21.12.2018. The interim order granted is extended till 09.01.2019. The Court below shall dispose of the application as well as the suit as expeditiously in accordance with law.
Sd/- JUDGE Prs*