JANAKAMANI Vs. KEMPAMMA

JUDGEMENT

(1.) The appellants are the sixth and seventh defendants in O.S. No.853/2008 on the file of the Senior Civil Judge and JMFC, Devanahalli [for short, 'the civil Court']. The first and second respondents [the plaintiffs] have challenged the title to the subject property in Sri. Munihanumantharayappa, the Testator who has executed his last Will and Testament bequeathing the subject property in favour of his Legatees, the third and fourth defendants [the fifth and sixth respondents]. These defendants have in turn transferred the subject property in favour of the sixth defendant [the first appellant], and he has transferred the subject property in favour of the seventh defendant [the second appellant]. The suit is ultimately dismissed on merits vindicating the defendants' case that Sri. Munihanumantharayappa held the subject property absolutely and the bequeath by him is valid in law.

(2.) The present proceeding is because the first and second respondents, who had the benefit of temporary injunction against alienation of the subject property in the suit, have initiated proceedings in Misc. No.40/2016 under Order XXXIX Rule 2A of CPC. The first and the second respondents have asserted that the temporary injunction granted by the civil Court is confirmed by this Court in MFA No.3798/2013 and notwithstanding this order of temporary injunction dtd. 26/3/2013, the first appellant as the 'vendor' and the second appellant as the 'confirming party' have executed the sale deed dtd. 25/9/2014 transferring the subject property in favour of M/s. Udyaman Investments Private Limited [the eighth defendant].

(3.) The appellants' defense is that the sale deed dtd. 25/9/2014 is in favour of a sister concern, a subsidiary. The Directors of the two entities being the same, there is no actual transfer, and the property remains within the fold of the dispute. The civil Court has allowed the application under Order XXXIX Rule 2A of CPC on 22/2/2017 attaching the subject property directing the appellants to furnish the details of the immovable property.