H BABULAL Vs. NIRMALA BHANSALI

JUDGEMENT

(1.) This appeal is by the defendant No.1 in O.S. No.3975/2016 on the file of the LXII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as 'the learned Civil Court' for short). The learned Civil Court by the impugning order dated 08.01.2018 has allowed I.A. No.1 filed by the plaintiff - respondent No.1 under Order 39 Rule 1 and 2 read with Section 151 of CPC restraining the defendants, including the appellant defendant No. 1, from alienating the property described in the suit schedule.

(2.) The necessary facts for disposal of this appeal are as follows. The suit schedule property, as a vacant site, was allotted to Late Hastimal Jain by Ideal Homes Co-operative Building Society Ltd. in the year 1974. Late Hastimal Jain was survived by his wife, his children - the appellant (defendant No. 1), respondent Nos.1 to 5 (plaintiff and defendants No. 2 to 4) and another deceased daughter (the respondent Nos.6 and 7 are the children of such deceased daughter). After the demise of Late Hastimal Jain in the year 1987, the allotment of the vacant site was transferred in favour of Mohini Bai, his wife. Later, this transfer of allotment was also cancelled vide a registered Deed dated 25.02.1992.

(3.) Insofar as membership, it is transferred to the appellant. A fresh allotment of the same property is made, and later the conveyance deed is also executed in his favour. Thereafter, the parties have been involved in different lis including a suit in O.S.No.5737/2012 commenced by one of the sons of Hastimal Jain. However, during the pendency of such proceedings, the appellant's brothers and sisters have executed different release deeds in favour of the appellant, who has entered into Joint Development Agreement with respondent No.8. In performance of the terms of the Joint Development Agreement, the developer - respondent No.8 has entered possession of the site and commenced construction of Multi Development Apartment Building after securing necessary approvals. This construction is completed, and in fact, the occupancy certificate from the local authority is also secured in the year 2014.