IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL APPEAL NO.6936  OF 2008 (Arising out of S.L.P. (C) No.25130/2005)

 Padmavathi                    ...Appellant

Versus

 Krishna Murthy Rao        ...Respondents             Sindhe M. & Ors.                      With          Contpt. Ptn.(C)No.145/2006 in SLP(C)No.25130/2005

O  R  D  E  R    

Leave granted.

This  appeal  is  directed  against  a  judgment  and  order dated 28.10.2005

passed by the High Court of Karnataka at Bangalore in Miscellaneous First Appeal

NO.8349/2005  whereby  and  whereunder  the  order  of  injunction  dated  30.8.2005

passed  by  the  XIII  Additional  City  Civil  Judge,  Mayo  Hill  Unit,  Bangalore  in

O.S.No.16152/2005, was set aside.

In view of the order proposed to be passed by us,  it is not necessary to

notice the fact of the matter in great detail.  

Suffice  it  to  say  that  one  J.K.  Narayana Swamy was  the  owner  of  the

property. Whereas the plaintiff-appellant  claims her right,  title and interest in the

said  property  as  the   widow  of  said  Shri  J.K.Narayana  Swarmy; the defendants-

respondents  claim  themselves to be the assignees in respect

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of the said property from one N. Jayalakshmi, said to be the adopted daughter of J.K.

Narayana in whose favour a Will was executed by him.

A suit  was  filed  in  the  year  2005.  Defendants-respondents  filed  written

statements in the said suit  on or about 15.4.2005. According to them by that time

major portion of the construction was completed. However, the learned trial Judge

granted an injunction on 30.8.2005 in favour of the plaintiff-appellant restraining the

defendants-respondents  from  encroaching  or  interfering  or  putting  up  any

construction in any portion of IA-I schedule property in any manner pending disposal

of the suit.

However, a miscellaneous first appeal was filed there against and an order

of stay of the operation of the said order was passed by the High Court.

According to the defendants-respondents they raised further constructions

pursuant thereto and in furtherance thereof. The impugned order has been passed

setting aside the order of the trial Court.

This Court by an order dated 16.12.2005 directed the parties to maintain

Status-quo. Inter-alia, on the premise that the defendants-respondents have violated

the said order, a contempt petition has also been filed.

Upon hearing learned counsel for the parties, we are of the opinion that in

view of the fact that the said interim

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order  of  Status-quo  has  been  continuing  for  a longtime, interest of justice would

be subserved if the same

is directed to continue with a further direction to the learned  trial Judge  to hear out

the suit itself and dispose

it of as early as possible and preferably within a period of  

six months from the date of communication of this order.

So far as application for initiating proceedings under Order XXXIX Rule

2A of the Code of Civil Procedure for alleged violation of the said order of status-quo

dated 16.12.2005 is concerned, we direct that the said question may be considered by

the learned trial Judge along with the hearing of the suit, so that the contention of the

respondents-defendants that they had completed almost the entire construction before

the order of status-quo was passed on 15.4.2005 as also the allegation of the appellant-

plaintiff that in fact the respondents-defendants have raised the construction after the

order of status-quo, can be considered by the learned trial Judge on the basis of the

materials which may be brought on record by the parties thereto.

It goes without saying that any consequential order, in the event, it is found

that the order of this Court  has been violated, may be passed by the trial Court itself.

Records of the contempt proceeding  may be transmitted to the learned

trial Judge with the counter affidavit.

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With the aforementioned directions and observations, the appeal and the

contempt petitions are disposed of.

......................J.       [S.B. SINHA]

     .....................J                                      [ CYRIAC JOSEPH ]

New Delhi, November 20, 2008.

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