DROLIA AND KATARUKA REALTY LLP Vs. PRADEEP ANNAIYAPPA

JUDGEMENT

(1.) This appeal is filed under Order XLIII Rule 1 (r) of the Code of Civil Procedure , 1908, (for short, " CPC ") filed by the plaintiff in O.S.No.3173/2022 calling into question the correctness and legality of the order dtd. 24/6/2025 passed by the learned I Additional City Civil and Sessions Judge, Bengaluru(CCH-02), whereby the appellant's application (I.A.No.7) for temporary injunction under Order XXXIX Rule 1 and 2 of CPC was rejected.

(2.) On going through records of this case, the dispute in respect of an immovable property situated at No. 88, M.G. Road, Bengaluru, popularly known as "SB Towers". The appellant claim rights over a portion of the third floor of the said property, measuring 6,246 square feet (hereinafter referred to as the "suit schedule property"). The foundation of the appellant claim lies in a sub-lease deed dtd. 25/11/1981 executed in favour of its predecessor in interest by defendant Nos. 3 and 4, who were themselves lessees under a head lease dtd. 12/11/1979 executed by defendant Nos. 1 and 2.

(3.) It is the case of the appellant that, the head- lease granted in favour of defendant No. 3 and 4 was for a period of 42 years, commencing from 12/11/1979 and ending on 11/11/2021. The said lease included liberty for the lessees to construct a commercial building and to sub-let any portion thereof. Pursuant thereto, "S.B. Towers" was constructed and defendant Nos. 3 and 4 subleased the suitable property to the predecessor of the appellant.