Disposed

Shri Narayanappa S v. Smt Suja Issac

Karnataka HC10 Jun 2021WP/836/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an injunction order without deciding merits. The court observed parallel litigation and granted the respondent two months to apply for interim orders in the specific performance suit, maintaining status quo until then.

What did the court decide?

Writ petition disposed; respondent granted two months to file application for interim orders in parallel suit; status quo maintained.

Shri Narayanappa S Vs Smt Suja Issac — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JUNE, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.836 OF 2021 (GM-CPC)

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BETWEEN :

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SHRI. NARAYANAPPA S S/O LATE SUBBAIAH AGE 63 YEARS

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SHRI. HANUMANTHA S S/O LATE SUBBAIAH AGE 54 YEARS

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BOTH ARE R/O AT SAMETHANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT-560 067 …PETITIONERS

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(BY SHRI. H.C. SHIVARAMU, ADVOCATE)

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AND :

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SMT. SUJA ISSAC W/O ISSAC MATHAI AGE 53 YEARS R/O NO.261, SOUKYA ROAD SAMETHANAHALLI VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT-560 067 ... RESPONDENT

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(BY SHRI. A.G. NAGARAJA, ADVOCATE FOR C/R)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.10.07.2019 PASSED ON I.A. NO.1 IN O.S. NO.257/2016 ON THE FILE OF THE LEARNED CIVIL JUDGE (JR. DVN) HOSAKOTE MARKED AS ANNEXURE-E AND THE ORDER DTD.14.12.2020 PASSED IN M.A. NO.21/2020 ON THE FILE OF THE LEARNED PRINCIPAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU MARKED AS ANNEXURE-F.

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THIS WRIT PETITION COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Respondent-plaintiff has filed the suit in O.S.No.257/2016 seeking injunction. Learned trial Judge has granted temporary injunction and the same has been confirmed by the first appellate court. Hence, this writ petition.

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Shri Shivaramu, learned advocate for petitioners submitted that respondent claims to have entered into an agreement to purchase the suit property on 05.07.2004. The suit property belonged to petitioner's father, late Shri Subbaiah, who passed away on 17.06.2009. Therefore, the agreement is unenforceable.

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Shri Shivaramu further submitted that respondent has also filed a suit for specific performance in O.S.No.1336/2016 on

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the file of the Principal Senior Civil Judge and JMFC, Hosakote, Bengaluru Rural District on 08.09.2016. Thus, respondent is pursuing parallel remedy. Hence, he prayed for allowing this petition.

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Shri A.G.Nagaraja, learned advocate for caveator/ respondent submitted that petitioners have executed power of attorney along with their father Subbaiah. The power agent Chandrashekar Gowda has sold the property to respondent and respondent has paid entire sale consideration of Rs.47 lakhs. Petitioners started interfering with his possession. Therefore, respondent was compelled to file the instant suit. Immediately thereafter, he has filed O.S.No.1336/2016 for specific performance also. He submitted that the trial court has passed interim order in the instant suit on consideration of material on record and prayed for dismissal of this petition.

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I have carefully considered rival submissions and perused the records.

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The respondent's suit for specific performance in O.S.No.1336/2016 is pending before the Principal Senior Civil

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Judge, Bengaluru. Shri Shivaramu is right in his submission that respondent cannot maintain parallel proceedings. The trial Court has granted temporary injunction in the instant suit and the same has been confirmed by the appellate Court. However, it is appropriate for the plaintiff therein seek interim order in the suit for specific performance.

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Shri Nagaraja for respondent seeks two months time to file necessary application and to seek appropriate orders in O.S.No.1336/2016. The said prayer is just and appropriate.

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In the circumstances, this writ petition is disposed of reserving liberty to the respondent to file necessary application in O.S.No.1336/2016 within three months from today. This Court has passed an interim order on 11.02.2021. Both parties shall maintain status quo as on date and it shall continue till the learned trial Judge passes an order on such application to be filed by the respondent in O.S.No.1336/2016.

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No costs.

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SD/JUDGE

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Yn.

Shri Narayanappa S v. Smt Suja Issac

Case brief

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Shri Narayanappa S v. Smt Suja Issac

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