- 1 - HC-KAR NC: 2025:KHC:26267 WP No. 14583 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14583 OF 2023 (GM-CPC) BETWEEN: M/S. TANVI ASSET HOLDINGS LLP INCORPORATED UNDER THE LIMITED LIABILITY PARTNERSHIP ACT, 2008, HAVING ITS OFFICE AT: 2ND FLOOR, COMMERCIAL BLOCK, WILASA GRAND VILLAMENTS, 12TH KILOMETRE, DODDAKALLASANDRA, KANAKAPURA ROAD, J. P. NAGAR, 9TH PHASE, BANGALORE-560 062. REPRESENTED BY ITS DESIGNATED PARTNER MR. CHETAN G. R. …PETITIONER (BY SRI. B.K. SAMPATH KUMAR, SENIOR ADVOCATE A/W. SRI. SURAJ SAMPATH, ADVOCATE) AND: 1. MRS G. LAKSHMI BETTANAMEN W/O LATE G. HARISHCHANDRA, AGED ABOUT 67 YEARS, 2. MR. G. H. VINAY KUMAR S/O LATE G. HARISHCHANDRA, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26267 WP No. 14583 of 2023 AGED ABOUT 43 YEARS, 3. MR. G. H. ARUN KUMAR S/O LATE G. HARISHCHANDRA AGED ABOUT 39 YEARS, 4. MR. G. H. ABHIJITH KUMAR S/O LATE G. HARISHCHANDRA AGED ABOUT 36 YEARS, 5. MRS. G. VINITHA KUMARI D/O LATE G. HARISHCHANDRA AGED ABOUT 41 YEARS, ALL RESIDING AT NO.1561, BANASHANKARI 1ST STAGE, 2ND BLOCK, 5TH CROSS, BANGALORE-560 050. …RESPONDENTS (BY SRI. KIRAN V. RON, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO SET-ASIDE THE IMPUGNED ORDER DATED 16/08/2021 PASSED BY THE HONBLE PRINCIPAL CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE OS NO 541/2021 VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:26267 WP No. 14583 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question concurrent findings of the trial Court and that of the First Appellate Court, declining to grant injunction in favour of the petitioner under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 ('the CPC' for short). 2. Heard Shri B.K. Sampath Kumar, learned Senior counsel along with Shri Suraj Sampath, learned counsel appearing for the petitioner and Shri Kiran V. Ron, learned counsel appearing for the respondents. 3. The petitioner and the respondents are said to have entered into a joint development agreement. Certain dispute has arisen with regard to the joint development agreement and the respondents - land owners are said to have terminated the joint development agreement. 4. Shri B.K. Sampath Kumar, learned Senior counsel appearing for the petitioner would submit that they have spent huge amounts over the landed property and would further - 4 - HC-KAR NC: 2025:KHC:26267 WP No. 14583 of 2023 submit that post-institution of the suit, the joint development agreement comes to be terminated. Learned counsel Smt.Rupa Ron appearing for the respondents would dispute the spending of huge amounts as also the fact that before the receipt of summons, the termination came about. Be those submissions as they are. 5. The coordinate bench of this Court in terms of its order dated 26.07.2023 had passed the following order: "Issue emergent notice to the respondents returnable by 21.08.2023. Meanwhile, both parties are directed not to alienate, encumber or create third party rights over the suit schedule properties, till the next date of hearing." The said order is in subsistence, even today. 6. The learned counsel appearing for the respondents submits that he has also filed an application before the concerned Court under Order VII Rule 10 of the CPC for return of the plaint to be presented before the commercial Court. According to the learned counsel, the issue is purely a commercial transaction between the two and the jurisdiction would lie only before the Commercial Court. 7. The learned Senior Counsel would submit that while answering the application, the issue with regard to the jurisdiction is also decided by the concerned Court, but Page No.4 is retyped and replaced vide Court order dated 01.08.2025. - 5 - HC-KAR NC: 2025:KHC:26267 WP No. 14583 of 2023 however, the application is filed under Order VII Rule 10 of the CPC, only a couple of days ago. Therefore, the said application is pending. 8. In the light of the pendency of the application with regard to the jurisdiction of the concerned Court as to whether it can continue the suit or the plaint will have to be returned to be presented before the Commercial Court, undoubtedly touches upon the issue of jurisdiction. Therefore, I deem it appropriate to direct the concerned Court to dispose the application said to have been filed before the concerned Court under Order VII Rule 10 of the CPC for return of the plaint, within an outer limit of four weeks from the date of receipt of copy of the order. 9. Till the consideration and disposal of the application as is directed, the interim order subsisting in the case at hand shall continue. Further orders would only depend upon the orders that would be passed by the Court answering the application, as is directed. - 6 - HC-KAR NC: 2025:KHC:26267 WP No. 14583 of 2023 10. All other contentions would remain open except the one that is answered in the case at hand. 11. Any observation made by the concerned Court in an order that is already passed rejecting the injunction will not come in the way or influence the order that is now to be passed on the Application under Order VII Rule 10 of the CPC. 12. After passing of the order as directed hereinabove, it is open to the concerned Court to pass necessary orders on the submissions made by the counsel for the parties. 13. With the aforesaid observation, the petition stands disposed. Ordered accordingly. SD/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 9