S. NARAHARI RAO v.

SATHYANARAYANA & ORS. (Civil Appeal No. 1480 of 2010)

FEBRUARY 8, 2010 [Dalveer Bhandari and A.K. Patnaik, JJ.]

2010 (2) SCR 583

The Order of the Court was delivered by

ORDER

A.K. PATNAIK, J. Leave granted.

The background facts in which this Civil Appeal has been filed are that  

the appellant filed a suit being O.S. NO.1150 of 2009 in the City Civil Court,  

Bangalore,  along  with  an  application  for  temporary  injunction  (I.A.No.1  of  

2009) for restraining the respondents from putting up any construction on the  

suit property. On 18.02.2009, the City Civil  Court, Bangalore, while issuing  

summons/notices  to  the  respondents,  directed  the  parties  to  maintain  the  

status  quo  in  respect  of  the  suit  property.  In  response  to  the  

summons/notices, the respondents appeared in the suit and filed I.A. No.2 of  

2009 praying to the City Civil Court to vacate the order of status quo on the  

ground that the entire dispute was pending before this Court in S.L.P. (C)  

No.10352  of  2007  and  other  connected  SLPs  filed  against  the  common  

judgment  dated  22.12.2006  of  the  Division  Bench  of  the  Karnataka  High  

Court. The Trial Court took the view that since the entire dispute is pending  

before this Court, this Court alone has jurisdiction to consider grant of interim  

relief and by its order dated 02.04.2009 rejected the application for temporary  

injunction. The appellant thereafter filed Miscellaneous First Appeal No.2519  

of 2009 before the Karnataka High Court against the order dated 02.04.3009  

of  the  City  Civil  Court,  but  the  Karnataka  High  Court  by  its  order  dated  

08.06.2009 also dismissed the Miscellaneous First Appeal on the ground that

the  subject-matter  of  the  suit  was  also  the  subject-matter  of  S.L.P.  (C)  

No.10352 of 2007 before this Court.

We have heard learned counsel for the parties. On 12.07.2007, this Court  

granted leave in S.L.P. (C) No.10352 of 2007 and other connected SLPs. On  

grant of such leave, the matters were re-numbered as Civil Appeal Nos.3038  

of  2007  and  other  connected  Civil  Appeals.  We  have  heard  these  Civil  

Appeals and delivered a common judgment today setting aside the common  

judgment  dated  22.12.2006  of  the  Division  Bench  of  the  Karnataka  High  

Court and allowing the writ petitions filed in the High Court.

Since we have decided the dispute pending before this  Court,  we set  

aside the impugned order dated 08.06.2009 passed by the Karnataka High  

Court in Miscellaneous First Appeal No.2519 of 2009 and the order dated  

02.04.2009 passed by the City Civil Court, Bangalore, in I.A.Nos.1 and 2 of  

2009 and remand the matter to the City Civil Court, Bangalore, to hear the  

parties and decide the application for  temporary injunction and the suit  in  

accordance with our judgment delivered today in Civil  Appeal Nos.3038 of  

2007 and other connected Civil Appeals.

The appeal stands disposed of accordingly. No costs. A copy of the judgment  

passed today in Civil Appeal Nos.3038 of 2007 and other connected Civil Appeals be  

sent to the City Civil Court, Bangalore.