HIS CREATION v. A RAMAMURTHY

CFC HOTEL 4/6, GROUND FLOOR, RAMAMURTHY COMPLEX, 2ND CROSS, KAMARAJ ROAD, OPP. COMMERCIAL STREET, BENGALURU- 560042. REPRESENTED BY ITS SOLE PROPRIETOR, MR. DANIEL (BY SRI.SKANDA KUMAR, ADVOCATE FOR SRI. M.D.RAGHUNATH., ADVOCATE) …PETITIONER B M Location: High Court of Karnataka AND: A RAMAMURTHY S/O LATE SRI. T.V. ANNASWAMY, AGED ABOUT 46 YEARS, R/A NO.1, KINGSTON STREET, RICHMOND ROAD, BENGALURU- 560 025 (BY SRI.ARUN KUMAR K., SR. COUNSEL FOR SRI.M.N.SUNDARA RAMAN, ADVOCATE FOR C/RESPONDENT) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ALLOW THE WRIT PETITION ON COSTS. B) QUASH THE IMPUGNED ORDER AT ANNEXURE-F DATED 08/01/2026 IN COMM. O.S. NO. 788/2024 I.A NO. 7 PASSED BY THE HONBLE LXXXIV ADDL. CITY CIVIL AND - 2 - NC: 2026:KHC:4542 WP No. 1687 of 2026 C/W WP No. 1702 of 2026 HC-KAR SESSIONS JUDGE (CCH-85) AND ALLOW THE APPLICATION FILED BY THE PETITIONER. IN WP NO. 1702/2026 BETWEEN: HIS CREATION OFFICE AT NO. 4 RAMAMURTHY COMPLEX GROUND FLOOR, 2ND CROSS K KAMARAJA ROAD BENGALURU 560 042 REP BY ITS SOLE PROPRIETOR MR TAHAR SAIT (BY SRI.SKANDA KUMAR, ADVOCATE FOR SRI. M.D.RAGHUNATH., ADVOCATE) ...PETITIONER AND: A RAMAMURTHY S/O LATE SRI T V ANNASWAMY AGED ABOUT 46 YEARS R/A NO.1 KINGSTON STREET RICHMOND ROAD BENGALURU 560 025 (BY SRI.ARUN KUMAR K., ADVOCATE FOR M.V.SUNDARAMAN, ADVOCATE FOR C/RESPONDENT) ...RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION ON COSTS. QUASHING THE IMPUGNED ORDER AT ANNEXURE F DATED 08.01.2026 IN COMM.O.S.NO.788/2024 PASSED BY THE HONBLE LXXXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH- 85) AND ALLOW THE APPLICATION FILED BY THE PETITIONER. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2026:KHC:4542 WP No. 1687 of 2026 C/W WP No. 1702 of 2026 HC-KAR ORAL ORDER These petitions are preferred by defendant Nos.6 and 7 in Commercial O.S.No.788/2024, whereby the application, I.A.No.7 filed by the petitioners- defendant Nos.6 and 7 under Section 94(C) and (E) read with Section 151 of CPC to restrain the respondent - plaintiff from interfering with their possession and enjoyment of the suit schedule property was dismissed by the trial Court.

#2. Heard learned counsel for the petitioners and learned Senior Counsel for the respondent and perused the material on record.

#3. Though several contentions have been urged by both sides in support of their respective claims, it is a matter of record and an undisputed fact that the respondent-plaintiff has instituted the aforesaid Commercial O.S.No.788/2024 against defendant Nos.1 to 5 as well as petitioner Nos.6 and 7 seeking the following reliefs: “(i) Direct Defendant Nos. 1 to 6, including all persons claiming through/under them, to jointly and severally, quit and deliver physical vacant possession of the Schedule Property to the Plaintiff. - 4 - NC: 2026:KHC:4542 WP No. 1687 of 2026 C/W WP No. 1702 of 2026 HC-KAR (ii) Direct Defendant No. 1 to pay Plaintiff a sum of Rs. 48,500/- towards arrears of rent; (iii) Direct Defendant No.1 to pay Plaintiff a sum of Rs. 1,50,154/- towards arrears of Municipal Taxes and other charges; (iv) Direct Defendant No. 1 to 6 to jointly and severally pay Plaintiff a sum of Rs. 5,00,000/-per month as mesne profits for their illegal use and occupation of the Schedule Property from 13.04.2024 till the date of delivery of Schedule Property to the Plaintiff; (v) Pass any other order as this Hon'ble Court may deem fit on the facts and in the circumstances of the case, in the interest of justice and equity. SCHEDULE Immovable Property bearing No. 4 (PID No. 81-13-4), Kamaraj Road, 2 Cross (formerly in "N" No. 2 Street) Bangalore 560042 measuring East to West 33 feet and North to South 62 feet together with the building standing thereon known as 'Ramamurthy Complex' comprising ground and first, second and terrace floors approximately measuring 5000 sq. ft and bounded as follows:- East By: Property No. 5. West By: Property No. 3. North By: Property belonging to RBANM's School. South By: Road.” - 5 - NC: 2026:KHC:4542 WP No. 1687 of 2026 C/W WP No. 1702 of 2026 HC-KAR

#4. It is also an undisputed fact that the petitioners – defendant Nos.6 and 7 are in occupation of portions of the plaint schedule property. The reliefs also sought for by the plaintiff will also indicate that the plaintiff has sought eviction of the defendants from the suit schedule property and also other reliefs. Under these circumstances, there cannot be any apprehension on the part of the petitioners that the respondent would interfere with the petitioners’ possession and enjoyment of the portions in their occupation or that the plaintiff would interfere with their carrying on business, especially when the respondent has already instituted the suit seeking eviction, arrears of rent etc., against all defendants including the petitioners-defendants.

#5. Learned Senior Counsel for the respondent-plaintiff on instructions submits that the respondent would proceed against the petitioners – defendant Nos.6 and 7 in accordance with law in the present suit and as such, the present petition may be disposed of accordingly. In the result, I pass the following: ORDER i) The petitions are hereby disposed of. - 6 - NC: 2026:KHC:4542 WP No. 1687 of 2026 C/W WP No. 1702 of 2026 HC-KAR ii) The impugned order dated 08.01.2026 passed by the Commercial Court is modified by placing on record that the respondent is proceeding/going to proceed against the petitioners - defendant Nos.6 and 7 in accordance with law by way of the present suit. iii) The Commercial Court is directed to dispose of the suit strictly in accordance with the schedule & timelines prescribed under the Commercial Courts Act. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 29