Sri S Sampangiramaiah vs Late S Naryanappa
2021 Latest Caselaw 1392 Kant

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 25TH DAY OF JANUARY, 2021

                           BEFORE

        THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

                 M.F.A.NO.755 OF 2020 (CPC)

BETWEEN

SRI S SAMPANGIRAMAIAH
S/O LATE SIDDAPPA
AGED 70 YEARS
RESIDING AT NO.44
KAMADHENU KUTEERA
KODIHALLI MAIN ROAD
H A L II STAGE
INDIRANAGAR POST
BENGALURU-560 008
                                              ...APPELLANT
(BY SRI.D.R.RAVISHANKAR, ADVOCATE)

AND

1.       LATE S NARYANAPPA
         S/O LATE SIDDAPPA
         SINCE DECEASE BY HIS LRS.

1(a).    SMT ANNAMMA
         W/O NARAYANAPPA
         AGED ABOUT 62 YEARS

1(b).    SMT N LAKSHMI
         D/O S NARAYANAPPA
         AGED ABOUT 44 YEARS

1(c).    SMT N NAGAVENI
         D/O S NARAYANAPPA
         AGED ABOUT 42 YEARS
                                2



1(d).   SMT N PADMAWATHI
        D/O S NARAYANAPPA
        AGED ABOUT 40 YEARS

1(e).   SMT N SARASWATHI
        D/O S NARAYANAPPA
        AGED ABOUT 38 YEARS

1(f).   SMT N MANGALA GOWRI
        D/O S NARAYANAPPA
        AGED ABOUT 36 YEARS

1(g).   SMT N PARVATHI
        D/O S NARAYANAPPA
        AGED ABOUT 34 YEARS

1(h).   SMT N JYOTHI
        D/O S NARAYANAPPA
        AGED ABOUT 32 YEARS

1(i).   SRI N PARMESHA
        S/O S NARAYANAPPA
        AGED ABOUT 30 YEARS

        RESPONDENT NOS.1(a) TO 1(i)
        ARE R/AT II CROSS
        BASAVANAGARA MAIN ROAD
        MARATHALLI POST
        BENGALURU-560 037

2.      LATE S ANJANAPPA SINCE
        DECEASED BY HIS LRS.

2(a).   SMT KALAVATHI
        W/O LATE S ANJANAPPA
        AGED ABOUT 47 YEARS

2(b).   SRI SUNIL A
        S/O LATE S ANJANAPPA
        AGED ABOUT 35 YEARS

2(c).   SMT SHOBA A
        D/O LATE S ANJANAPPA
        AGED ABOUT 30 YEARS
                            3



     RESPONDENT NO.2(a) TO 2(c)
     ARE R/AT II CROSS
     BASAVANAGARA MAIN ROAD
     MARATHALLI POST
     BENGALURU-560 037

3.   SRI S GOVINDARAJU
     S/O LATE SIDDAPPA
     AGED ABOUT 64 YEARS
     R/AT NO1908 8TH CROSS
     4TH MAIN, HAL 3RD STAGE
     BENGALURU - 560 075

4.   SMT M MUNIVENKATAMMA
     W/O LATE RAMAIAH
     AGED ABOUT 56 YEARS
     RESIDING AT NO.2468-A
     2ND CROSS
     4TH B MAIN ROAD
     BDA LAYOUT
     BENGALURU-560 017

5.   SRI RAGHU R
     S/O LAT RAMAIAH
     AGED ABOUT 39 YEARS

6.   SRI ARUN KUMAR R
     S/O LATE RAMAIAH
     AGED ABOUT 37 YEARS

7.   SMT PUSHPA R
     D/O LATE RAMAIAH
     W/O NATARAJAN
     AGED ABOUT 35 YEARS

     RESPONDENT NOS.5 TO 7
     ARE R/AT NO.2468/A
     2ND CROSS
     4TH MAIN
     H A L 3RD STAGE
     B D A LAYOUT
     BENGALURU-560 017
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8.    SMT SUSHEELA
      D/O ALTE RAMAKKA
      AGED ABOUT 54 YEARS
      R/AT NO.22 AND 23
      4TH CROSS
      NEAR LEELA PALACE BACK SIDE
      KODIHALLI
      BENGALURU-560 008

9.    SMT LAKSHMI ALIAS MUNILAKSHMAMMA
      D/O LATE RAMAKKA
      AGED ABOUT 53 YEARS
      R/AT NO.114/1
      2ND MAIN
      GOPAL REDDY OLD HOUSE
      OPP.ASHWINI HEIGHTS APTS.
      KODIHALLI
      BENGALURU-560 008

10.   SRI V NANJUNDAPPA
      S/O LATE VENKATARAMANAPPA
      AND LATE RAMAKKA
      AGED ABOUT 51 YEARS

11.   SRI V NAGARAJA
      S/O LATE VENKATARAMANAPPA
      AND LATE RAMAKKA
      AGED ABOUT 44 YEARS

12.   SRI V PILLARAJA
      S/O LATE VENKATARAMANAPPA
      AND LATE RAMAKKA
      AGED ABOUT 42 YEARS

      RESPONDENT NOS.10 TO 12
      ARE R/AT NO.52/2
      13TH MAIN, 6TH CROSS
      HAL 3RD STAGE, KODIHALLI
      BENGALURU-560 008

13.   SMT RADHA
      D/O LATE SANJEEVAPPA
      AND LATE MUNIYAMMA
      AGED ABOUT 47 YEARS
                              5



14.   SRI SHAHSIKUMAR
      S/O LATE SANJEEVAPPA
      AND LATE MUNIYAMMA
      AGED ABOUT 37 YEARS

      RESPONDENT NOS.13 AND 14
      ARE R/AT NO.44
      KODIHALLI MAIN ROAD
      INDIRANAGAR POST
      BENGALURU-560 038

15.   SRI B PRASANNAIAH
      S/O LATE BRAHMASURAIAH
      AGED ABOUT 71 YEARS
      R/AT NO.36/19,10TH MAIN
      5TH STAGE, JAYANAGARA
      BENGALURU.

16.   SRI K J PURUSHOTTAM
      S/O LATE K B JAYARAM
      AGED ABOUT 46 YEARS
      R/AT NO.327
      1ST A MAIN ROAD
      8TH BLOCK
      KORAMANGALA
      BENGALURU-560 095

17.   SRI PRASHANTH PRASAD
      S/O LA TE K PRASAD
      AGED ABOUT 39 YEARS
      R/AT MAHALAXMI NILAYA
      NO.92/93, OLD NO.45
      SANNIDHI ROAD
      BASAVANAGUDI
      BENGALURU-560 004

                                              ...RESPONDENTS
(BY SRI.R. ANIL KUMAR, ADVOCATE FOR
    SRI.B.A. UDAYAKUMAR, ADVOCATE FOR R1 (D-H);
    R1(A) (B) (C) & (I) - SERVED AND UNREPRESENTED;
    SRI. T. MOHANDAS, ADVOCATE FOR R6 AND R6;
    SRI. P.D. SURANA, ADVOCATE FOR R4 TO R7
    (NOC NOT OBTAINED FOR R7);
    SRI. D. RAJU, ADVOCATE FOR R7;
    SRI. N. JAGADISH, ADVOCATE FOR R8 TO R12;
                               6



   SRI. H.S. RAMAMURTHY, ADVOCATE FOR R13;
   SMT. M.D. ANURADHA, ADVOCATE FOR R17)

       THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(R) OF CPC
AGAINST THE ORDER DATED 12.11.2019 PASSED ON I.A.NO.1 AND
2 IN O.S.NO.2391/2017 ON THE FILE OF THE LXIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE (CCH-65), BENGALURU, DISMISSING
I.A.NO.1 AND 2 FILED UNDER ORDER 39 RULE 1 AND 2 R/W
SECTION 151 OF CPC.

     THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                         JUDGMENT

This appeal by defendant No.1 in O.S.No.2391/2017 is

directed against the impugned order dated 12.11.2019 passed

by LXIV Additional City Civil & Sessions Judge, Bengaluru

(CCH-65), whereby the application in I.A.Nos.1 and 2 filed by

respondent No.1-plaintiff was dismissed by the trial Court.

2. Heard learned counsel for the appellant and

learned counsel for the respondents and perused the material

on record.

3. The material on record indicates that respondent

No.1-Narayanappa instituted the instant suit for partition and

separate possession of his alleged share in the suit schedule

properties and for other reliefs. In the said suit, while appellant

was arrayed as defendant No.1, the remaining respondents

herein were arrayed as remaining defendants in the suit.

4. During the pendency of the said suit, respondent

No.1-plaintiff filed the instant application, I.A.No.1 for

temporary injunction restraining defendant Nos.4 to 7 and 15

to 17 from alienating, encumbering or creating 3rd party rights

and also filed I.A.No.2 for temporary injunction restraining the

defendants from changing and altering the nature and

character of the suit schedule properties. By the impugned

order, the trial Court dismissed both the applications. It is not

in dispute that the appellant who was arrayed as defendant

No.1 in the suit, filed his written statement supporting the

various contentions put forth by the plaintiff in the suit. In fact,

defendant No.1 also claimed the equal share in the suit

schedule properties and paid the requisite Court fee before

the trial Court.

5. After hearing learned counsel for the parties,

though several contentions are urged by both sides with

regard to maintainability of the appeal, locus standi of the

appellant etc., I deem it fit and proper to dispose of this appeal

issuing certain directions.

6. In the result, I pass the following:

ORDER

i) Appeal is disposed of.

ii) Liberty is reserved in favour of the

appellant to file interlocutory application(s)

before the trial Court seeking

appropriate/suitable reliefs against any

other parties to the suit in view of the fact

that in the instant suit for partition and

separate possession, all parties occupy

status and position of both plaintiff and

defendant.

iii) The appellant is directed to file the

aforesaid application(s) before the trial

Court on or before 05.02.2021.

iv) It is needless to state that if any such

application(s) is/are made by the appellant,

the other parties are entitled to file their

statement of objections to such

applications.

v) The trial Court is directed to consider and

dispose of such application(s) filed by the

appellant in accordance with law and at any

rate not later than 01.03.2021.

vi) All rival contentions between the parties are

kept open and no opinion is expressed on

the merits/demerits of any of the rival

contentions.

vii) Any application(s) filed by the appellant

shall be considered and disposed off by the

trial Court on merits independently and

without being influenced by the findings

and observations recorded by the trial

Court in the impugned orders or by this

Court in this order.

viii) This Court vide orders dated 22.01.2020

and 28.01.2020, restrained the

respondents from alienating, encumbering

or creating 3rd party rights as well as from

changing and altering the nature and

character of the suit schedule properties

and the said interim orders have been in

force and continue to be operative even as

on today.

ix) Under these circumstances, I direct that the

said interim orders dated 22.01.2020 and

28.01.2020 shall continue to remain in

force and be operative till the trial Court

disposes of the application(s) to be filed by

the appellant as stated supra.

In view of disposal of the main appeal, pending

interlocutory applications do not survive for consideration.

Accordingly, the same are dismissed.

Sd/-

JUDGE

Mds.