M/S Srinivasa Enclave vs M/S G K Builders And Developers
2022 Latest Caselaw 8758 Kant

                            1


  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 14TH DAY OF JUNE, 2022

                        BEFORE

         THE HON'BLE MR. JUSTICE S.G.PANDIT

               M.F.A.No.2532/2016 (CPC)
                         C/W
               M.F.A.No.2530/2016 (CPC)


BETWEEN:

M/S. SRINIVASA ENCLAVE
FLAT OWNERS ASSOCIATION
(AN ASSOCIATION REGISTERED UNDER
THE PROVISIONS OF THE KARNATAKA
SOCIETIES REGISTRATION ACT)
ITS OFFICE AT 'SRINIVASA ENCLAVE'
G.M. PLAYA, BANGALORE-560 075
REPRESENTED BY ITS PRESIDENT
MR. S VIVEK SHARMA.
                                          ...APPELLANT
                                              (COMMON)
(BY SRI R.K.THONTADHARYA R.K., ADV.)


AND:

  1. M/S. G.K. BUILDERS AND DEVELOPERS
     WITH ITS OFFICE IN NO.18/2
     II FLOOR, ANDREE ROAD
     SHANTHINAGAR
     BANGALORE-560075
     REPT. BY ITS MANAGING PARTNER
     MR. G DINAKAR.

  2. MR. G DINAKAR
     AGED ABOUT 53 YEARS
     R/AT NO.501
     SRINIVASA APARTMENT
                              2


      G.M.PALYA
      BANGALOE-560075.
                                           ...RESPONDENTS
                                             (COMMON)
(BY SRI K.N.NITHISH, ADV. FOR C/R1)


       THESE APPEALS ARE FILED UNDER SECTION 43, RULE
1(r) OF CPC, AGAINST THE ORDER DATED 15.03.2016 PASSED
ON IA NO.1 AND 2 RESPECTIVELY, IN O.S.NO.5328/2015 ON
THE FILE OF THE 7TH ADDITIONAL CITY CIVIL JUDGE,
(CCH.NO.19), BENGALURU, DISMISSING IA NO.1 AND 2
RESPECTIVELY FILED U/O 39, RULE 1 & 2 OF CPC.


      THESE APPEALS COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                    JUDGMENT

Heard Sri R.K. Thontadarya, learned counsel for

the appellants and Sri K.N. Nithish, learned counsel for

the caveator/1st respondent in both the appeals.

Perused the appeal papers.

2. Learned counsel for the appellant would submit

that appellant is before this Court in these appeals

challenging the common order dated 15.03.2016 passed

on I.A.Nos.1 and 2 filed under Order XXXIX Rules 1 and

2 of CPC, by the appellant/plaintiff in

O.S.No.5328/2015 on the file of the VII Additional City

Civil Judge, Bengaluru, praying for restraint order,

restraining the defendants from obstructing or

interfering with the plaintiff's members right to use the

schedule B property as common car park area and

another application praying for restraint order

restraining the defendants/respondents herein from

transfering/selling/alienating or changing the schedule

B property, which is a portion of schedule A property in

favour of any third person during the pendency of the

suit.

3. The trial Court after hearing both the sides under

impugned order dated 15.03.2016 rejected both the

applications, against which appellant is before this

Court in these two appeals.

4. Both the learned counsels fairly submit that the

suit is already at the stage of cross-examination of DW1

and suit is posted on 16.06.2022. Further they submit

that the parties would thrash out the dispute in the

Trial Court and the Trial Court be directed to dispose of

the suit expeditiously.

5. Both the appeals are disposed of without going

into merits of the case. All the contentions of the

parties are left open. The trial Court is directed to

dispose of the suit with the co-operation of parties to

the suit in an expeditious manner.

Sd/-

JUDGE

NG* CT:bms