SANGAM ENTERPRISES Vs. EKAMBARA SAHUJEE DHARMASTHALAS

JUDGEMENT

(1.) THESE two appeals are filed by the appellant -defendant against the order dated 30th July 2013 passed by the City Civil Court, Bangalore, on I.A. Nos. I and II filed in O.S. No. 4688/2013. The plaintiff -respondent herein filed applications for restraining the appellant -defendant or any other person claiming in trust in any manner from carrying any construction activities in the suit schedule property bearing Municipal New No. 13/3, Subedar Chatram Road, Bangalore, and restraining the defendant from removing Sri Prasanna Anjaneya Temple situated therein. The trial Court allowed the applications and restrained the appellant -defendant from carrying on any civil works, including the construction on the suit property and causing further damages to Sri Prasanna Anjaneya Temple. Heard the learned counsel for respective parties.

(2.) THE suit is filed by one of the Member of respondent -plaintiff which is a Public Charitable Trust. The trial Court has raised several issues with regard to the construction activities being carried out by the appellant. On the applications filed by the plaintiff, the impugned order came to be passed against the appellant. Against which, the present appeals are filed for setting the order passed on the applications.

(3.) IN view of the above compromise and also considering the fact that in the suit filed by the plaintiff -respondent herein, they are adjudicating their rights only as a matter of intimacy attached to the temple and they want to retain the temple as it is or in a better condition, the suit is to be decreed in terms of the compromise petition. In that view of the matter, the suit in O.S. No. 4688/2013 filed before the trial Court itself be treated as disposed of in terms of the Compromise Petition filed in these appeals and the order passed by the trial Court on the injunction application is set aside. However, there may not be any impediment for the appellant to go on with the construction.