BEML EMPLOYEES SOCIETY TOWNSHIP CLUB Vs. COMMISSIONER

JUDGEMENT

(1.) This Miscellaneous First Appeal is preferred by the appellant - BEML Employees Society Township Club, under Order XLIII Rule 1 (r) of the Code of Civil Procedure , 1908, (for short, " CPC ") being aggrieved by the common order dtd. 5/6/2025 passed by the XL Additional City Civil and Sessions Judge, Bengaluru City (CCH-41), in O.S.No.8623/2024, whereby the learned trial Court dismissed the applications filed by the appellant under Order XXXIX Rule 1 and 2 read with Sec. 151 of CPC, seeking temporary injunction restraining the respondents, including the Bengaluru Development Authority (BDA), from interfering with the peaceful possession and enjoyment of the Civic Amenity (CA) sites bearing Nos. 8, 9 and 13, situated in BEML layout, which are popularly known as the Boat Club, Crazy Park/Recreation Club, and Swimming Pool respectively. The said order of rejection of interim relief has given rise to the present appeal wherein the appellant seeks to safeguard his long-standing possession and use of the CA sites pending final adjudication of the suit for permanent injunction.

(2.) It is the case of the appellant that, it is a registered society established under the Karnataka Society Registration Act , having its principal object, i.e., the welfare, social integration, and community development of BEML employees and their families residing in the BEML layout. It is not disputed that, the appellant has been in possession of the aforesaid CA sites for more than 3 and a half decades and that these properties were developed for public utility and recreation.

(3.) The appellant asserts that, its possession is not only lawful, it is also backed by registered deeds of relinquishment executed in the year 1993, under which the properties were allegedly vested in the society for the purpose of maintenance and community use. It is further submitted that over the past decades, the appellant has made substantial capital and recurring investments in developing the infrastructure, including creation of manmade lake, maintenance of a swimming pool, and development of the park and recreation club, all of which have been serving the local residents and society members in consonance with the stated objectives of the society.