Mr Sreejith Purushothaman v. Sri B L Kodanda Ramaiah
Case brief
What is this about?
Karnataka High Court; Article 227 writ petition (GM-CPC); specific performance suit O.S.No.155/2025; agreement dated 14.10.2023; temporary injunction I.A.No.2 under Order XXXIX Rules 1 and 2 CPC left unconsidered by trial Court; impugned emergent-notice order dated 28.05.2025 by Vacation Judge, Bangalore Rural District; writ held premature; ex parte interim order dated 18.06.2025 restraining alienation/third-party rights continued till disposal of I.A.No.2; respondents permitted to file objections and written statement; trial Court to decide application on merits; contentions kept open; petition allowed in part; builder-respondent Keya Homes Pvt. Ltd.; no precedent cases cited; no monetary relief.
What did the court decide?
Writ petition allowed in part: the ex parte interim order dated 18.06.2025 (restraining alienation of the suit schedule property and creation of third-party rights) is continued till the trial Court disposes of I.A.No.2 under Order XXXIX Rule 1 and 2 of CPC; respondents permitted to file objections to I.A.No.2 and a written statement; trial Court to consider the application on its merits after providing sufficient opportunity to the parties and dispose of it; all contentions of the parties kept open.