Karnataka High Court
A.R. Jaishanker Vel vs Mr. A.R. Vasantha Raja Kumar on 18 January, 2021
Author: S R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
M.F.A.NO.10200 OF 2013(CPC)
BETWEEN
1. A.R. JAISHANKER VEL
AGED ABOUT 66 YEARS,
S/O LATE A M RAJABAHADHUR MADALIAR,
OCC:RETIRED SERVICE,
NO.117,VEERAPPILLAI STREET,
BANGALORE-560 042.
2. MRS VIJAYAPRABHA KADIRVEL
AGED ABOUT 58 YEARS,
W/O LATE G KADIRVEL,
D/O LATE A M RAJABAHADHUR MUDALIAR,
OCC:ASST MISTRESS,
ST ALOSIUS MIDDLE SCHOOL,
ST JOHNS CHURCH ROAD,BANGALORE-560 005
RESIDENCE:NO.25,1ST CROSS,SUBBANNAPALYA,
BANGALORE-560 033.
3. MR M L HARIKUMAR
AGED ABOUT 49 YEARS,
S/O LATE M A LAKSHMAN RAO,
S/O V P HAMSAKUMARI (LATE)
OCC:SELF EMPLOYMENT,BUSINESS,
RESIDENCE: 5/47 PLOT-G3,
SREE VENKATESHWARA RESIDENCY
BEHIND THARUNI SUPER MARKET
MALKAJGIRI,
HYDERABAD-500 047.
4. MR M L PRASANNA GOPAL
AGED ABOUT 52 YEARS,
S/O LATE M A LAKSHMAN RAO,
2
S/O V P HAMSAKUMARI (LATE)
OCC:J.T.B. JUPITOR EXPRESS SERVICE PVT LTD.,
HYDERABAD.
RESIDENCE: 5/47,PLOT G3,SREE VENKATESHWARA
RESIDENCY,BEHIND THARUNI SUPER MARKET,
MALKAJGIRI,HYDERABAD-500 047
5. MR M L RAVISHANKAR
AGED ABOUT 55 YEARS,
S/O LATE M A LAKSHMAN RAO,
OCC:YOGA TEACHER,
NO.1-4-180/85,SAIBABA OFFICERS COLONY,
SAINIKPURI,SECUNDERABAD-500 094
6. MRS GAYATHRI KRISHNAMURTHY
AGED ABOUT 49 YEARS,
W/O M L RAVISHANKAR,
OCC:PRINCIPAL,
TAGORES HOME HIGH SCHOOL,
RESIDENCE NO. 1-4-180/85
SAIBABA OFFICER COLONY,
SAINIKPURI,SECUNDERABAD-500094
7. MRS LAKSHMI KRISHNAMURTHY
AGED ABOUT 38 YEARS,
W/O V VIVEKANAND,
D/O A R PADMALAKSHMI,
OCC:HOUSEWIFE,
PLOT NO.102,JYOTHI COLONY,
V K ENCLAVE,BALAJI NAGAR,
P.O J.J. NAGAR,
SECUNDERABAD-500 087
...APPELLANTS
(BY SRI. K.R. SRRENIVASA PATAVARDHAM, ADVOCATE)
AND
1. MR. A.R. VASANTHA RAJA KUMAR
AGED ABOUT 78 YEARS,
S/O A M RAJABAHADHUR,
OCC:RETD.LEADING HAND,BEML,
BANGALORE-560 017
RESIDENCE:117,VEERAPILLAI STREET,
BANGALORE-560 042
3
2. B V RAJESH
S/O A R VASANTHA RAJA KUMAR,
AGED ABOUT 35 YEARS,
OCCUPATION:BUSINESS,
R/AT NO.117,VEERAPILLAI STREET,
BANGALORE-560 042
3. MRS V P KOKOLA
AGED ABOUT 88 YEARS,
W/O LATE V R LAKSHMAN RAJ,
OCC:NIL,FAMILY PENSIONER,
RESIDENCE.117,VEERAPILLAI STREET,
BANGALORE-560 042
4. A R NAMACHIYAYAM
AGED ABOUT 68 YEARS
S/O LATE A M RAJABAHADUR MUDALIAR,
OCC:ARCHAK,
RESIDENCE:NO.6,TAILORS STREET,
MUTT LANE,
TRICHIRAPALLI-620008
5. SMT MEENA JAIN
W/O B MAHAVEER CHAND,
AGED ABOUT 48 YEARS,
OCC:NOT KNOWN TO THE APPELLANTS,
R/O NO. 26/1,BLOCK D-401,
BRIGADE GATEWAY
MALLESHWARAM WEST,
DR RAJKUMAR ROAD,
BANGALORE-560 055
6. SRI MANISH JAIN
S/O B MAHAVEER CHAND,
AGED ABOUT 28 YEARS,
OCC:NOT KNOWN TO THE APPELLANTS,
R/O NO. 26/1,BLOCK D-401,
BRIGADE GATEWAY,
MALLESHWARAM WEST,
DR RAJKUMAR ROAD,
BANGALORE-560 055
4
7. SRI KRISHNAMURTHY
S/O SHIVASHANKARAN,
AGED 85 YEARS,
OCC:RETIRED SERVICE,
R/O PLOT NO.102,V K ENCLAVE,
JAVAHARNAGAR,SAMPEERPET (M)
SECUNDERABAD-500 08.7
...RESPONDENTS
(BY SRI. JANAKERE.C.KRISHNA, ADVOCATE FOR C/R-1 - R-3 & R-4
SRI. S. VASANTH MADHAV, ADVOCATE FOR R-5 & R-6
SRI.N.K.KANTHARAJ,, ADVOCATE FOR R-7)
THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGIANST THE ORDER DATED: 25.11.2013 PASSED ON I.A.NO.1 & 8
IN O.S.NO. 5809/2013 ON THE FILE OF THE III ADDITIONAL CITY
CIVIL & SESSIONS JUDGE, BANGALORE DISMISISNG I.A.NO.1 FILED
UNDER ORDER 39 RULE 1 & 2 OF CPC AND ALLOWING I.A.NO. 8
FILED UNDER ORDER 39,, RULE 4 R/W SECTION 151 OF CPC.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal filed by the plaintiffs - petitioners is directed
against the impugned order dated 25.11.2013 passed in
O.S.No.5809/2013 by the trial court, dismissing the application
I.A.1 filed by them under Order 39 Rules 1 and 2 CPC and
thereby allowing I.A.8 filed by respondents 1 to 3 - defendants.
2. On 09.12.2013, the co-ordinate Bench of this Court
passed the following order:-
"Issue emergent notice to respondent Nos.5 to
7.
Sri Krishna J.C., learned counsel undertakes to
file vakalathanama on behalf of respondent No.4.
Appellant counsel is also permitted to take out
notice on learned Advocates appearing for
respondent Nos.5 to 7 before the Trial Court.
Interim order granted earlier by Trial Court
which was in force as on 25.11.2013, shall continue
for a period of four weeks.
Appellant counsel as ordered hereinabove, to
file an acknowledgment for having served on
learned Advocates appearing for respondent Nos.5
to 7 before Trial Court within three days from today,
failing which Registry is directed to post this matter
for dismissal of appeal against respondent Nos.5 to
7 on 13.12.2013.
List this matter on 17.12.2013".
The said interim order has been extended from time to time
and continues to remain in force even as on today.
3. In view of the fact that the said interim order has
continued to remain in force for more than seven years, I
deem it fit and proper to dispose of this appeal by issuing
certain directions.
4. In the result, I pass the following:-
ORDER
(i) Appeal is disposed of.
(ii) The impugned order dated 25.11.2013 passed on
I.A.No.1 in O.S.No.5809/2013 is hereby set aside.
(iii) The interim order dated 09.12.2013 passed by the
co-ordinate Bench of this Court shall continue to remain in
force till disposal of the suit.
(iv) The trial court is directed to dispose of the suit on or
before 30.06.2021 in accordance with law and without being
influenced by the observations and findings recorded in the
impugned order.
(v) All rival contentions between the parties are hereby
kept open and no opinion is expressed on the same.
Sd/-
JUDGE
Srl.
