Case Note & Summary
The appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 was filed against the judgment and decree dated 09.09.2016 passed by the XIV Additional City Civil Judge, Bengaluru, in O.S.No.2374/2012, which dismissed the suit for permanent injunction. The suit was instituted by the Sena Vihar Owners Welfare Association and Sena Vihar Temple Trust, as plaintiffs, against Sri. Bandarappa Bhakthadigala Sangha and its office bearers. The dispute concerned a Muneshwaraswamy Temple located within the Sena Vihar residential complex, Kammanahalli Main Road, Bengaluru. The plaintiffs claimed that the temple, forming part of the common areas, was jointly owned by the apartment owners and managed by the first plaintiff association. They asserted that the Army Welfare Housing Organisation had purchased land from the Bengaluru Development Authority and constructed the complex, with the temple being an integral common facility. The first plaintiff, originally a cooperative society and later a registered society, was responsible for administration. The second plaintiff, a trust created to renovate and maintain the temple, joined in the suit. The defendants allegedly intruded on 22.07.2011, attempting to take over the temple, form their own association, and carry out unauthorized renovations, causing nuisance and law and order issues. Despite police complaints, the defendants persisted. The plaintiffs sought permanent injunction to restrain interference with their possession and management. The trial court dismissed the suit, leading to the appeal. The High Court judgment text, as provided, begins with a recitation of the plaintiffs’ case and the commencement of the defendants’ written statement, but is incomplete, containing no issues framed, arguments, analysis, or decision. Therefore, the reasoning and outcome of the appeal are not available in the provided excerpt.
Issue of Consideration
Case Details
2023 LawText (KAR) (09) 44
Regular First Appeal No.23 of 2017 (INJ)
Dr. Justice H.B. Prabhakara Sastry
For Appellants: Sri. B.V. Nidhishreee; For Respondent No.3: Sri. T. Seshagiri Rao
Sena Vihar Owners Welfare Association (R) and Sena Vihar Temple Trust (R)
Sri. Bandarappa Bhakthadigala Sangha (R) and Others (Brigadier (Retd.) P.T. Monappa, Mr. Chaman K. Sehsaya, Lt. Col. (Retd.) S.K. Chakravarthy)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil suit for permanent injunction to restrain interference with possession and enjoyment of temple property.
Remedy Sought
Plaintiffs (appellants) sought permanent injunction against defendants from interfering with their possession of the suit schedule temple.
Filing Reason
Defendants allegedly attempted to encroach and take over management of the temple, causing nuisance and threatening to demolish/renovate it without authority.
Previous Decisions
Trial Court (XIV Additional City Civil Judge, Bengaluru) vide judgment and decree dated 09.09.2016 dismissed the suit for permanent injunction in O.S.No.2374/2012.
Judgment Excerpts
This Regular First Appeal is filed under Section 96 read with Order XLI of CPC, against the judgment and decree dated 09.09.2016 passed in O.S.No.2374/2012 on the file of the XIV Additional City Civil Judge, Bengaluru (CCH 28), dismissing the suit for permanent injunction.
the Temple in question absolutely belongs to the owners of the apartments and independent houses situated in Sena Vihar Complex and maintained, managed and administered by the plaintiffs
Procedural History
The plaintiffs (appellants) filed O.S.No.2374/2012 in the court of XIV Additional City Civil Judge, Bengaluru, seeking permanent injunction. The trial court dismissed the suit by judgment and decree dated 09.09.2016. The plaintiffs filed the present Regular First Appeal under Section 96 read with Order XLI of CPC before the High Court of Karnataka at Bengaluru.
Acts & Sections
- Societies Registration Act, 1860:
- Army Welfare Housing Organisation Rules, 1987:
- Karnataka Co-operative Societies Act, 1959:
- Karnataka Societies Registration Act, 1960:
- Code of Civil Procedure, 1908: Section 96, Order XLI
