Sri N Ashok v. Sri M Narasimhaiah S/O.Late.Munishamappa, Since Dead by His Lrs Smt.Jayamma
Case brief
What is this about?
Temporary injunction; Order XXXIX Rules 1 and 2 CPC; Order 43 Rule 1(R) CPC appeal against trial court order; partition suit; impleadment of joint developer under Order 1 Rule 10(2) read with Section 151 CPC; necessary and proper party; lis pendens; Section 52 Transfer of Property Act, 1882; pendente lite development versus pendente lite sale; joint family property versus private limited company property; Cauvery Theatre Complex Private Limited; Brigade Enterprises Limited; joint development agreement dated 06.12.2023; memorandum of agreement dated 19.07.2023; board resolution signature forgery left to trial; prima facie case; balance of convenience; irreparable loss; demolition and 20–30 feet excavation; reservation of shares of female members; MFA dismissed; Vinod Seth relied on; Marirudraiah and Chander Bhan distinguished.
What did the court decide?
Appeal dismissed; I.A.No.2/2025 allowed, with Brigade Enterprises Limited permitted to come on record as respondent No.27; the Trial Court's order dated 07.12.2024 refusing temporary injunction in O.S.No.3248/2012 confirmed; respondents No.2, 6 and 10 to reserve the shares of the plaintiff and defendants No.14 to 17 in a developed portion of the property till decision in the suit, subject to the suit's result; no order as to costs.