SADASHIVA BALIGA Vs. C. LAKSHMINARAYANA

JUDGEMENT

(1.) This petition is by the plaintiffs in O.S. No.6422/2022 on the file of the XXXV Additional City Civil and Sessions Judge, Bengaluru [for short, 'the civil Court']. The civil Court by the impugned order dtd. 11/10/2022 has directed both the petitioners and the respondents to maintain status quo till the next date of hearing calling upon the plaintiffs to comply with the mandatory provisions of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 [for short, 'the CPC']. The civil Court has reasoned that this order of status quo would be necessary to prevent every loss or damage to the subject properties.

(2.) Sri. S Sriranga, the learned senior Counsel for the petitioners, relying upon different annexures appended to the writ petition, submits that the respondents have filed a suit for declaration and possession against the first petitioner in O.S. No.7258/2008. This suit is pending consideration. The respondents have filed the writ petition in W.P. No.13549/2018 against the civil Court's order on whether a particular contention must be treated as a preliminary Issue, and this Court on 6/4/2018 has granted interim order stay of further proceedings in such suit.

(3.) Sri. S Sriranga emphasizes that the respondents, misrepresenting this order, have filed multiple complaints with the concerned and these complaints have resulted in the police intervening and stopping the renovation work undertaken by the petitioners who would be the undisputed owners of the property. Some of the petitioners' workmen have also been detained because of these complaints. The petitioners are carrying out certain renovation work to induct new tenants after the earlier tenants vacated the subject property.