Karnataka High Court
M/S Samarpana Charitable Trust vs Sri P K S Prashanth on 26 October, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2023:KHC:38025
WP No. 23689 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO.23689 OF 2023 (GM-CPC)
BETWEEN:
M/S SAMARPANA CHARITABLE TRUST
BRANCH OFFICE AT
NO 116, 1st CROSS
1st MAIN ROAD, RMV II STAGE
R K GARDEN, NEW BEL ROAD
BENGALURU - 560 094
HEAD OFFICE AT NEW NO 4
OLD NO 60
VENKATANARAYANA ROAD
T NAGAR
CHENNAI 600 017
REP BY ITS AUTHORIZED PERSONS/
Digitally signed TRUSTEES
by A K
CHANDRIKA SMT SAIPRABHA
Location: High AGED ABOUT 62 YEARS
Court Of
Karnataka ...PETITIONER
(BY SRI.HUSSAIN MUEEN FAROOQ.,ADVOCATE)
AND:
1. SRI P K S PRASHANTH
S/O LATE MR.KUPPU REDDY
AGED ABOUT 58 YEARS
2. P J K SAIRAM
S/O LATE MR KUPPU SWAMY
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NC: 2023:KHC:38025
WP No. 23689 of 2023
AGED ABOUT 56 YEARS
SL.NO. 1 & 2 ARE R/AT NO 4/165
KALTHUMEDU
4TH CROSS STREET
KOTTIVAKKAM
CHENNAI- 600 041
3. SMT.SAILAKSHMI
W/O J N RAMJI @ J N JAHATH RAMJEE
AGED ABOUT 48 YEARS
R/AT NO 4, OLD NO 60
VENKATANARAYAN ROAD
T NAGAR
CHENNAI 600 017
4. MR J N RAMJI @ J N JAHATH RAMJEE
S/O MR JAGADEESAN
AGED ABOUT 54 YEARS
R/AT NEW O4, OLD NO 60
VENKATANARAYANA ROAD
T NAGAR
CHENNAI 600 017
5. PHONEX ARC PVT LTD
NO 158, 5TH FLOOR
DANI CORPORATE PARK
CST ROAD
MMRDA AREA, KALINA
SANA CRUZ EAST
MUMBAI
MAHARASHTRA 400 098
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE
DEFENDANTS NOT TO ACT IN ANY MANNER CONTRARY AND
DETRIMENTAL DURING THE PENDENCY OF OS.NO.1598/2021
BEFORE THE HONBLE XXVII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH-09), AT BANGALORE CITY AND TILL
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WP No. 23689 of 2023
THE CONCLUSION AND OUTCOME OF THE ABOVE MENTIONED
DECLARATION SUIT IN ACCORDANCE WITH LAW ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/plaintiff in O.S.No.1598/2021 on the file of City Civil Judge at Bangalore is before this Court with the following prayers:
(a) to restrain the defendants not to act in any manner contrary and detrimental during the pendency of O.S.No.1598/2021 before the Hon'ble XXVII Additional City Civil and Sessions Judge (CCH-09), at Bangalore City (Annexure-C1 and C2), and till the conclusion and outcome of the abovementioned Declaration Suit in accordance with law.
(b) further to direct the Court below XXVII Additional City Civil and Sessions Judge, (CCH-09) at Bangalore City to adjudicate the decree/order passed in O.P.No.260/2022 by the Hon'ble High Court of Madras (Annexures-D and E) as part and parcel of evidence pertaining to the subject matter of the suit schedule property in O.S.No.1598/2021 (Annexure-C1), -4- NC: 2023:KHC:38025 WP No. 23689 of 2023 except by due process of law and thus render justice.
2. Heard learned counsel Sri.Hussain Mueen Farooq for petitioner through video conference and perused the writ petition papers.
3. Learned counsel for the petitioner would submit that the petitioner/plaintiff filed suit in O.S.No.1598/2021 with a prayer to declare that Settlement Deed dated 29.01.2021 is binding on the defendants and for permanent injunction. The trial Court passed interim order in favour of the petitioner/plaintiff restraining the defendants therein from acting contrary to the Settlement Deed dated 29.01.2021 and further restraining the defendants from spreading false allegation, defaming the names of plaintiff-Trust by telecasting any defamatory allegation, articles, episodes, printing etc., against the plaintiff-Trust till next date of hearing.
4. Learned counsel for the petitioner submits that, it is the apprehension of the petitioner that respondent No.5 -5- NC: 2023:KHC:38025 WP No. 23689 of 2023 may dispossess the petitioner/plaintiff by taking action under SARFAESI Act. The action initiated under SARFAESI Act is not under challenge in the suit or before any other forum. The prayer sought before this Court is vague. It appears that petitioner has prayed not to take any action against the suit schedule property. The trial Court in the suit has protected interest of the petitioner/plaintiff by passing interim order. If the petitioner/plaintiff apprehends any action under SARFAESI Act, it is open for the petitioner to challenge the order passed under SARFAESI Act before appropriate forum.
With the above, the writ petition stands disposed of.
Sd/-
JUDGE MPK CT:RSS List No.: 1 Sl No.: 50