M/S Srinivasa Trust v. D a Thejeshwari
Case brief
What is this about?
Karnataka High Court, Bengaluru; Review Petition No. 300 of 2025; Justice M.Nagaprasanna (single judge); decided 01.08.2025; review of order dated 08.07.2025 in WP No.11450/2025 (GM-CPC); novation by Supplementary Agreement vs sale deed; framing of issues — issue No.5 and Additional issue No.3; CPC 1908 S.114 r/w O.47 R.1; petitioners M/s Srinivasa Trust and Kalpaja Dalavoi (Sr. Adv. Dhyan Chinappa for Rohan Hosmath); respondents D.A. Thejeshwari, Ekta Kukreja and Anushka Constructions Pvt. Ltd. (Adv. Dhriti Vishwanath for R2-R3); disposed with clarifications; no monetary relief.
What did the court decide?
Review petition disposed with a clarification limited to: (i) paragraph 13 of the order dated 08.07.2025 to read novation by the Supplementary Agreement in place of novation by the sale deed; and (ii) the issue of novation to be considered under the already-framed issue No.5 or under the Additional issue No.3 now permitted to be framed; no other ground of review found.