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2026 DAILYLAW 26105 (KAR)

M/S. SAMARPANA CHARITABLE TRUST v. M/S PHOENIX ARC LIMITED,

WP/15980/2026 · 2026-06-22

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30645 WP No. 15980 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15980 OF 2026 (GM-CPC) BETWEEN: M/S. SAMARPANA CHARITABLE TRUST HEAD OFFICE AT NEW NO.4, OLD NO.60, VENKATANARAYANA ROAD T. NAGAR, CHENNAI- 600 017 AND BRANCH OFFICE AT NO.116, 1ST CROSS, 1ST MAIN ROAD RMV II STAGE, R.K. GARDEN, NEW BEL ROAD BANGALORE-560094 REPRESENTED BY ITS AUTHORIZED PERSON MEYANATHAN KARUPPAIYAN. …PETITIONER (BY SRI. HUSSAIN MUEEN FAROOQ, ADVOCATE) AND: 1. M/S PHOENIX ARC LIMITED, (FORMERLY PHOENIX ARC PRIVATE LTD.,) HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, WALLACE TOWERS, 139/140/B-1, CROSSING OF SAHARA ROAD AND WESTERN EXPRESS HIGHWAY, VILE PARLE EAST, MUMBAI-400027, REP. BY ITS AUTHORISED PERSON MR. JANHAVI MANE. 2. SRI. P.K.S. PRASHANTH, S/O. LATE MR. KUPPU REDDY AGED ABOUT 60 YEARS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30645 WP No. 15980 of 2026 3. SRI. P.J.K. SAIRAM, S/O. LATE MR. KUPPU REDDY AGED ABOUT 59 YEARS RESPONDENTS 2 AND 3 R/AT NO.4/165, KALTHUMEDU 4TH CROSS STREET, KOTTIVAKKAM CHENNAI-600 041. 4. SMT. SAILAKSHMI DAUGHTER OF LATE KUPPU REDDY, WIFE OF J.N.RAMJI @ J.N.JAHATH RAMJEE AGED ABOUT 50 YEARS 5. MR. J.N. RAMJI @ J.N. JAHATHRAMJEE SON OF MR. JAGADEESAN AGED ABOUT 59 YEARS RESPONDENTS 4 AND 5 ARE R/AT NEW NO.1, CVR COMPLEX SINGARAVELU STREET T. NAGAR, CHENNAI-600017. 6. THE SUB-REGISTRAR SUB-REGISTRAR OFFICE, PEENYA NO.488, 2ND FLOOR, KIADB BUILDING 14TH CROSS, 4TH MAIN, PEENYA 2ND STAGE BANGALORE-560058. …RESPONDENTS (BY SRI. B.C. AVINASH, ADVOCATE FOR C/R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 2-5-2026 PASSED IN O.S. NO.7264/2026 BY THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE CCH-11 VIDE ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:30645 WP No. 15980 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The petitioner is aggrieved by the Order passed in O.S.No.7264/2026 dated 02.05.2026 passed by VI Additional City Civil and Sessions Judge, CCH-11, at Bengaluru, whereby pending consideration of the applications filed by the respondents herein under Section 26 and Order VII Rule 1 of CPC, the trial Court has directed not to act upon compromise decree till reopening day on 01.06.2026. 2. Learned counsel appearing for the respondents submits that the interim order has not been extended and he has placed before the Court the order sheet, wherein an order passed on 01.06.2026, stating that, application is dismissed with liberty to approach this Court after disposal of the writ petition and that the trial Court will pass necessary order on pending application depending upon the result of the writ petition. 3. Basing on this, it is submitted by the learned counsel for the respondents that there may be direction to consider the IA on the merits. - 4 - HC-KAR NC: 2026:KHC:30645 WP No. 15980 of 2026 4. Learned counsel for the petitioner submits that IA itself is not maintainable, hence, he has come before the Court. 5. The petitioner has come before this Court when the trial Court has passed an order that the compromise decree should not be acted upon. Now that the interim order has not been extended and the trial Court shall consider the IAs filed by the respondents in accordance with law. 6. Accordingly, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, directing the trial Court to consider the pending IAs in accordance with law within a period of one month from the date of receipt of the copy of this order. ii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE Vmb List No.: 1 Sl No.: 28