M/S G S Megha Constructions Pvt Ltd vs Sri G Sudhakar Rao
2023 Latest Caselaw 3846 Kant

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                                                      NC: 2023:KHC:22701
                                                        MFA No. 2541 of 2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 30TH DAY OF JUNE, 2023

                                           BEFORE
                       THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                    MISCELLANEOUS FIRST APPEAL NO. 2541 OF 2023 (CPC)

               BETWEEN:

               1.     M/S G S MEGHA CONSTRUCTIONS PVT LTD.
                      A COMPANY INCORPORATED UNDER
                      THE COMPANIES ACT 1956,
                      HAVING ITS REGD OFFICE AT
                      FLAT NO SB-407 ANAND VIHAR,
                      OLD MUMBAI HIGHWAY,
                      SHAIKPET, TOWLICHOWKI,
                      HYDERABAD, TELANGANA- 500 081
                      REPTD BY ITS DIRECTOR,
                      SRI ALOK KUMAR.

               2.     M/S GREEN SHAPES DEVELOPERS (I) PVT LTD
                      COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956,
                      HAVING ITS REGD OFFICE AT
                      2ND FLOOR, SY NO 34, S M TOWER,
                      OUTER RING ROAD, BELLANDUR,
                      BENGALURU-560 103
Digitally
                      REPTD BY ITS DIRECTOR,
signed by
LEELAVATHI            SRI ALOK KUAMR
SR
Location: High 3.     SRI ALOK KUMAR
Court of              S/O LATE RAMACHANDRA SINGH
Karnataka             AGED ABOUT 46 YEARS
                      NO 4022, SHOBHA JASMINE
                      OUTER RING ROAD, BELLANDUR,
                      BENGALURU-560 103.
                      DIRECTOR OF THE PLAINTIFFS NO 1 & 2 COMPANY

                                                                    ...APPELLANTS
               (BY SRI. T N VISWANATHA., ADVOCATE)
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                                    NC: 2023:KHC:22701
                                        MFA No. 2541 of 2023




AND:

1.     SRI G SUDHAKAR RAO
       S/O LATE G RAMA RAO
       AGED ABOUT 62 YEARS
       R/AT FLAT NO 704, F BLOCK
       NAGARJUNA MEADOWS 2 NCC URBAN,
       DODDABALLAPURA ROAD,
       YALAHANKA,
       BENGALURU-560 087.

2.     SMT G KAMALA
       W/O G SUDHAKAR RAO
       AGED ABOUT 58 YEARS
       R/AT FLAT NO 704, F BLOCK
       NAGARJUNA MEADOWS 2 NCC URBAN,
       DODDABALLAPURA ROAD,
       YALAHANKA,
       BENGALURU-560 087.

3.     SRI G ANIRULDDH
       S/O G SUDHAKAR RAO
       AGED ABOUT 37 YEARS
       R/AT FLAT NO 704, F BLOCK
       NAGARJUNA MEADOWS 2 NCC URBAN,
       DODDABALLAPURA ROAD,
       YALAHANKA,
       BENGALURU-560 087.

4.     SMT M ASRITHA
       D/O G SUDHAKAR RAO
       AGED ABOUT 33 YEARS
       R/AT FLAT NO 704, F BLOCK
       NAGARJUNA MEADOWS 2 NCC URBAN,
       DODDABALLAPURA ROAD,
       YALAHANKA,
       BENGALURU-560 087.
                                              ...RESPONDENTS

(BY SRI. BASAVARAJ S SAPPANNAVAR.,ADVOCATE FOR
      C/R1 AND R2 TO R4)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 05.04.2023 PASSED ON I.A. NO. II IN
O.S.NO.8288/2022 ON THE FILE OF THE XXIX ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH.30),
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                                          NC: 2023:KHC:22701
                                              MFA No. 2541 of 2023




REJECTING I.A. NO.II FILED UNDER ORDER 39 RULE 1 AND 2 OF
CPC.

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

                             JUDGMENT

This appeal is directed against the impugned order dated

05.04.2023 passed in O.S.No.8288/2022 by the XXIX Addl.City

Civil and Sessions Judge, Bangalore, whereby the application I.A.2

filed by the appellants - plaintiffs under Order 39 Rules 1 and 2

CPC for temporary injunction was rejected by the trial court.

2. Heard learned counsel for the appellants and learned

counsel for the respondents and perused the material on record.

3. A perusal of the material on record will indicate that in

addition to the present suit in O.S.No.8288/2022 pending before the

trial court, an Arbitration suit in A.S.No.12/2019 which is filed by the

appellant is also pending on the file of LXXXIX Addl.City Civil and

Sessions Judge, Bangalore. Under these circumstances, in view of

availability to equally efficacious and alternative remedy available to

the appellants, who are entitled to take recourse to such remedies

as available in law including filing an appropriate application in the

pending A.S.No.12/2019, without expressing any opinion on the

NC: 2023:KHC:22701 MFA No. 2541 of 2023

merits / demerits of the rival contentions, I deem it just and

appropriate to dispose of this appeal without interfering with the

impugned order passed by the trial court. Liberty is reserved in

favour of the appellants to file Interlocutory application in the

pending A.S.No.12/2019 ,which shall be considered and disposed

of by the concerned court after providing sufficient and reasonable

opportunity to both sides and without being influenced by the

findings and observations recorded in the impugned order. All rival

contentions on all aspects of the matter are kept open and no

opinion is expressed on the same.

4. Subject to the aforesaid observations and directions,

petition stands disposed of.

Sd/-

JUDGE

Srl.