GANESH SHANBHOGUE Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) This petition is by the defendant in O.S. No.144/2017 on the file of the Principal Civil Judge and JMFC, Magadi [for short, 'the civil Court']. The petitioner has called in question the order dtd. 19/9/2018 in M.A. No.8/2017 on the file of the Senior Civil Judge and JMFC, Magadi [for short, 'the appellate Court']. The civil Court by its order dtd. 11/7/2017 rejected the respondent-plaintiff's application [I.A. No.I] under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 [for short, 'the CPC'] for temporary injunction. But, the appellate Court, by its impugned order dtd. 19/9/2018 has set aside the civil Court's order allowing the respondent's application for temporary injunction observing that both the parties would be at liberty to establish their respective cases independently during the trial.

(2.) A short conspectus of facts would be that the respondent is the undisputed owner of the subject property, and it has offered this property for development to the petitioner, a Developer. The first round of litigation has concluded with the Consent Award by Hon'ble Mr. Justice B. Padmaraj which inter alia requires the respondent to pay certain amounts to the petitioner who is required to complete certain identified development work within a time frame. The dispute in the present suit is because of the turn of events post this Consent Award.

(3.) According to the respondent, the petitioner has defaulted in completing the work as required under the Consent Award and as such the agreement is cancelled with effect from 4/11/2016. The present suit for permanent injunction is filed to protect its possession of the subject property from interference. The civil Court has rejected the respondent's application observing that the respondent's possession of the subject property will have to be established in a trial and hence cannot be granted temporary injunction. However, the appellate Court has interfered with the civil Court's order referring to the Arbitral Award and the orders of this Court in the writ petition in W.P. No.58096/2016 which is disposed of on 13/4/2017.