Basetty Trust vs. Sri Sachindran K
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Order Issued After Hearing
Purpose:
After Week/Month/Vacation
Before:
Hon'ble Aniruddha Bose, Hon'ble Sudhanshu Dhulia
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Disposed off
Listed On:
16 Dec 2022
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
143180/2022,163787/2022,
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Order Text
ITEM NO.19 COURT NO.12 SECTION IV-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 13847/2022
(Arising out of impugned final judgment and order dated 30-03-2022 in MFA No. 1876/2021(CPC) passed by the High Court Of Karnataka At Bengaluru)
BASETTY TRUST & ORS. Petitioner(s)
VERSUS
SRI SACHINDRAN K. & ORS. Respondent(s)
(FOR ADMISSION and I.R. , IA No. 163787/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES & IA No. 143180/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 16-12-2022 This matter was called on for hearing today.
CORAM :
Reason:
HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA
- For Petitioner(s) Mr Kiran Suri, Sr.Adv. Mr. Girish Ananthamurthy, Adv. Mrs. Vaijayanthi Girish, AOR
- For Respondent(s) Ms. Meenakshi Arora, Sr.Adv. Mr. Bharadwaj S., AOR
UPON hearing the counsel the Court made the following O R D E R
Heard learned senior counsel appearing for the parties. The petitioner have approached this Court mainly contesting leave granted under Section 92 of the Code of Civil Procedure (for short 'the Code') by the High Court in respect of the disputes arising out of certain trust property. Digitally signed by NIRMALA NEGI Date: 2022.12.16 16:25:04 IST Signature Not Verified
We have been taken through the reliefs claimed in the plaint. Specific objection of the petitioner is in relation to the prayers
(c), (d) and (e) thereof. It is the case of the petitioner that in a suit instituted under Section 92 of the Code concerning allegations over running a trust, the question of partition and reliefs consequential thereto cannot be claimed.
In our opinion, the Trial Court will have to consider at the time of framing of issue whether these reliefs can be asked for in a suit invoking Section 92 of the Code.
With these observations, we dispose of the present petition. Pending application(s), if any, shall also stand disposed of.
(NIRMALA NEGI) (VIDYA NEGI)
COURT MASTER (SH) ASSISTANT REGISTRAR