Authority: Supreme Court of India
Order Date: 27-07-2026
Case Overview
- Petition for Special Leave to Appeal (C) No. 7735/2021 filed by Bharathiya Bala Vidyalaya against the Karnataka High Court order dated 29‑03‑2021 (OSA No. 4/2020). The SLP was filed 1808 days after the impugned order, seeking condonation of delay which had been rejected.
- The dispute originates from a property transaction involving M/s Godha Realtors (India) Private Limited (Respondent No. 1), which purchased the assets of Gangavathi Sugar Mills Limited (a company under liquidation) in Company Petition No. 66 of 1997. An earlier order dated 02‑06‑2015 in Company Application No. 1409/2014 directed that the school (third respondent) could continue occupying the premises until a final conveyance order, or at least until the end of the academic year.
- Respondent No. 1 obtained a sale deed on 05‑05‑2018, becoming the owner of the land. It subsequently filed Company Application No. 293 of 2018 requesting vacant possession of approximately 5 acres (part of a 283‑acre parcel in Marali Village, Gangavathi Taluk) from Respondent No. 2 (the school), invoking the 02‑06‑2015 direction.
- The prayer for possession has a chequered history: an order dated 18‑01‑2019 allowed eviction without notice to the petitioner, but a review petition (No. 111 of 2019) filed by the petitioner restored the earlier position, leaving the application pending before the Company Court.
Final Outcome
- The Supreme Court held that the prayer in the Special Leave Petition need not be entertained and disposed of the SLP.
- It directed that the pending Company Application No. 293 of 2018 be heard and disposed of expeditiously by the learned Company Judge.
- Both parties were expressly prohibited from employing police force to effect eviction or take possession, except as directed by the Company Court.
- The SLP stands disposed, and any other pending applications, if any, shall also stand disposed.
Topics: Property Dispute, Court Order