M/S FULL GOSPEL ASSOCIATION vs. S SHANKAR PRASAD

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 23RD DAY OF DECEMBER, 2020

BEFORE

THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

WRIT PETITION NO.13593 OF 2020 (GM-CPC)

BETWEEN

1 . M/S FULL GOSPEL ASSOCIATION HAVING ITS OFFICE AT 1ST CROSS, JAYANAGAR EXTENSION, SHIVAMOGGA,

2 . MR. T.E. OOMMEN S/O EAPPEN, AGED ABOUT 89 YEARS,

3 . MRS. PONAMMA OOMMEN W/O EAPPEN, AGED ABOUT 85 YEARS,

SERIAL NO.1 TO 3 ARE REPRESENTED BY ITS SPECIAL POWER OF ATTORNEY HOLDER PETITIONER 4 MR. STANELY SUNIL, S/O T.E. OOMMEN, AGED ABOUT 47 YEARS,

4 . MR. STANELY SUNIL S/O T.E. OOMMEN, AGED ABOUT 47 YEARS,

ALL ARE RESIDING AT FAITH HOSPITAL, HOSAMANE EXTENTION, SHIVAMOGGA-577 201.

… PETITIONERS

(BY SRI. BASAVARAJU S, ADVOCATE)

AND

1 . S SHANKAR PRASAD S/O LATE M.SRINIVAS REDDY, AGED ABOUT 55 YEARS, R/AT NO.30/10, 1ST FLOOR, 2ND MAIN, 1ST CROSS, INCOME TAX LAYOUT, ATTIGUPPE, VIJAYANAGAR, BENGALURU-560 040.

2 . M/S. HARSHA INFRASTRUCTURES & DEVELOPERS REGISTERED PARTNERSHIP FIRM, PRESENTLY HAVING ITS OFFICE AT NO.6, 1ST A CROSS, BHUVANESHWARI NAGARA, DASARAHALLI MAIN ROAD, HEBBAL POST, BENGALURU-560 054.

REPRESENTED BY ITS PARTNER SRI. H.R.HARSHITH AND SRI .H.P. ANANTHA.

3 . SRI H.R.HARSHITH S/O H.P. RAMESH, AGED ABOUT 25 YEARS, PARTNER OF M/S. HARSHA INRASTRUCFTURES AND DEVELOPERS, R/AT NO.L-204, PURVAL PAVILLION OPP. SINDHI COLLEGE, HEBBAL KEMPAPURA, BENGALURU-560 024.

4 . SRI H.P. ANANTHA S/O LATE PUTTATHIMMEGOWDA, AGED ABOUT 50 YEARS, PARTNER OF M/S HARSHA INRASTRUCTURES AND DEVELOPERS, R/AT HONNAKUMARANAHALLI, GANDASI HOBLI, ARASIKERE TALUK, HASSAN DISTRICT.

5 . M/S GM ASSOCIATES A PARTNERSHIP FIRM, HAVING INTS OFFICE AT NO.209, ‘CHARVI MANSION’, 2ND FLOOR, 5TH MAIN ROAD, RPC LAYOUT,

VIJAYANAGAR, BENGALURU-560 040, REPRESENTED BY ITS PARTNER SRI GIRIDHAR GOPAL BAGRI.

… RESPONDENTS

(BY SRI. R. KIRAN, ADVOCATE FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE PRINCIPAL CIVIL JUDGE JUNIOR DIVISION AND JMFC SHIVAMOGGA, IN OS NO.473/2020 DD 26.08.2020 IN SO FAR AS IT REFUSES TO GRANT AD- INTERIM ORDER OF TEMPORARY INJUNCTION RESTRAINING THE DEFENDANTS FROM TRANSFERRING THE PLAINT SCHEDULE PROPERTY PENDING DISPOSAL OF THE SUIT AND ETC.

THIS PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:-

O R D E R

Both the sides having argued the matter vociferously for some time, now graciously are agreeable to the suggestion of this Court that the interim relief granted by this Court shall continue till after petitioners’ subject applications in I.A. 1 & 2 for interim protection at the hands of the Court below are heard and disposed off, all contentions of the parties having been kept open.

Ordered accordingly.

While considering the subject applications, the learned Judge of the Court below shall not look into this interim arrangement is made under the special circumstances of the case, for any purpose whatsoever and that the said applications shall be heard & disposed off on their intrinsic merits. Time for compliance is six weeks from the date, a copy of this order is filed, in the Court below. Writ petition is disposed off. No costs.

Sd/- JUDGE

Snb/