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2025 DIGILAW 1351 (SC)

H. P. Vedavyasacharya v. Lokesh Naik M. L.

2025-06-13

PRASANNA B.VARALE, S.V.N.BHATTI

body2025
ORDER : 1. We have heard Mr. Guatam S. Bharadwaj, learned counsel for the petitioner. 2. Learned counsel invites our attention to the order dated 11.02.2025 and emphasises that the petitioners before us are defendants in O.S. Nos. 3938 of 2015 has filed a counterclaim. 3. Having regard to a few subsequent developments in the matters, the petitioners filed I.A. Nos. 16 and 17 seeking restraint orders on the purchasers from interfering with the possession and enjoyment of the petitioners before us. 4. The Trial Court vide order dated 11.02.2025 issued the following order: “I.A. No. XVII filed by the defendant No. 1 and 2 under Section 151 R/w/Order 39 Rule 1(a) of C.R.C. is allowed. The proposed plaintiffs, their agents, henchmen or any person who claim under them are hereby restrained by way of temporary injunction from entering or in any manner carrying out of any work application schedule properties/suit schedule properties till the disposal of the suit.” 5. One Lokesh Nayak M.L. and Prema Bai filed MFA No. 56 of 2025 and through the order impugned, the stay of operation of the order dated 11.02.2025 has been granted. 6. The first and foremost argument of the learned counsel is that the order impugned has been granted in favour of the respondents without appreciating the reasons assigned by the trial court, and that the suit has been pending since 2015. The status quo as of the date would certainly be disturbed if the stay order dated 17.04.2025 is given effect. 7. After perusing the record, we are of the view that while passing the order impugned, a few of the circumstances are not even brought to the notice of the High Court. A proper remedy for the petitioners is to file an application to vacate the order impugned before us. 8. The suit was filed in 2015, and the order protecting the interest of one of the parties was granted by the Trial Court on appreciation of all attending circumstances. Hence, we have no doubt the High Court would do the needful and dispose of such application within two months from the filing of the same. 9. The special leave petition stands disposed of. 10. Pending applications, if any, stand disposed of.