Karnataka High Court
M.C.Lakkappa Gowda vs Channamma on 15 January, 2021
Author: S R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S. R. KRISHNA KUMAR
MISCELLANEOUS FIRST APPEAL NO.8166 OF 2019 (CPC)
BETWEEN:
M.C. LAKKAPPA GOWDA
AGED ABOUT 65 YEARS,
S/O. LATE CHINNEGOWDA,
RESIDING AT MAVINAHALLY VILLAGE,
KASABA HOBLI,
HASSAN TALUK,
HASSAN DISTRICT.
...APPELLANT
(BY SRI M.S. VENUGOPAL, ADV.)
AND:
1. CHANNAMMA
AGED ABOUT 82 YEARS,
W/O. LATE CHINNEGOWDA,
RESIDING AT MAVINAHALLY VILLAGE,
KASABA HOBLI,
HASSAN TALUK,
HASSAN DISTRICT.
2. JAYALAKSHMI
AGED ABOUT 42 YEARS,
D/O. LATE CHINNEGOWDA,
W/O. NAGARAJU,
RESIDING AT UDDURU VILLAGE,
KASABA HOBLI,
HASSAN TALUK,
HASSAN DISTRICT.
2
3. M. C. HANUMANTHEGOWDA
AGED ABOUT 37 YEARS,
S/O. LATE CHINNEGOWDA,
RESIDING AT MAVINAHALLY VILLAGE,
KASABA HOBLI,
HASSAN TALUK,
HASSAN DISTRICT.
4. BHAGYAMMA
AGED ABOUT 52 YEARS,
W/O. LATE M. C. RAJU.
5. PAVITHRA
AGED ABOUT 32 YEARS,
D/O. LATE M.C. RAJU,
W/O. GANESHA.
6. DAYANANDA
AGED ABOUT 30 YEARS,
S/O. LATE M. C. RAJU.
RESPONDENT NOS.4 TO 6 ARE
RESIDENT OF BEHIND ADUVALLY SCHOOL,
UDAYAGIRI EXTENSION,
HASSAN.
7. SHAMALA
AGED ABOUT 47 YEARS,
W/O. LATE M. C. PAPANNAGOWDA.
8. M. C. PRAMODHA
AGED ABOUT 30 YEARS,
S/O. LATE M. C. PAPANNAGOWDA.
9. M. C. PRIYANKA
AGED ABOUT 26 YEARS,
D/O. LATE M. C. PAPANNAGOWDA.
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RESPONDENT NOS.7 TO 9 ARE
RESIDING AT C/O. BASAPPA GOWDA,
HULKODU, HOSA AGRAHARA POST,
THEERTHAHALLY POST,
THEERTHAHALLY TALUK,
SHIMOGA DISTRICT.
10. SHANTHAMMA
AGED ABOUT 57 YEARS,
D/O. LATE CHINNAPPAGOWDA,
W/O. THIMMEGOWDA,
RESIDING AT K. HOSAKOPPALU VILLAGE,
OPPOSITE MICRO-WAVE STATION,
HOLENARASIPURA ROAD,
HASSAN.
11. JAYAMMA
AGED ABOUT 59 YEARS,
D/O. LATE CHINNEGOWDA,
W/O. SANNASWAMY,
RESIDING AT 3RD CROSS,
DURGAPARAMESHWARI TEMPLE ROAD,
VALLABAI ROAD,
HASSAN.
... RESPONDENTS
(BY SRI M.N. MADHUSUDHAN, ADV., FOR R-3, 7 & 9;
R-1, 2, 6, 8, 10 AND 11 ARE SERVED;
NOTICE TO R-4 & 5 IS DISPENSED WITH VIDE ORDER
DATED 14-9-2020)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE, 1908,
AGAINST THE ORDER DATED 21-3-2019 PASSED ON I.A. NOS.6
AND 12 IN O.S. NO.87 OF 2016 ON THE FILE OF THE II
ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., HASSAN,
ALLOWING I.A. NOS.6 AND 12 FILED UNDER ORDER 39 RULES 1
AND 2 OF THE C.P.C.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
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JUDGMENT
This appeal is filed by the appellant-defendant No.1
in O.S. No.87 of 2016 on the file of II Additional Senior
Civil Judge and J.M.F.C., Hassan, against the impugned
order dated 21-3-2019 whereby, the applications, namely
I.A. No.6 filed by respondent Nos.7 to 9 and I.A. No.12
filed by respondent No.3, were allowed thereby restraining
the appellant from putting up any further construction on
item No.13 of the plaint schedule property, i.e. survey
No.46/2 measuring 2 acre 22 guntas situate at
Chikkakondagola Village, Kasaba Hobli, Hassan, pending
disposal of the suit.
2. After hearing the learned counsel for the parties
and perusal of the material on record, including the
photographs produced by the appellant indicating the
extent of construction put up by the appellant in a portion
of item No.13 to an extent around 2,000 square feet, I
deem it fit and proper to dispose of the appeal modifying
the impugned order and issuing certain directions in this
regard.
3. Accordingly, I pass the following
ORDER
i. The appeal is disposed of;
ii. The impugned order dated 21-3-2019
passed on I.A. Nos.6 and 12 in O.S. No.87
of 2016 on the file of II Additional Senior
Civil Judge and J.M.F.C., Hassan, is
hereby modified;
iii. The appellant is permitted to complete the
construction put up by him to an extent of
2000 square feet in a portion of item No.13
of the plaint schedule property i.e. survey
No.46/2 measuring 2 acre 22 guntas
situate at Chikkakondagola Village, Kasaba
Hobli, Hassan;
iv. The appellant is, however, restrained from
putting up any construction in remaining
portion of item No.13; and
v. The appellant is directed to file an Affidavit
of undertaking before the trial Court within
a period of four weeks from the date of
receipt of a certified copy of this order that
he shall not claim any equity in respect of
the said construction permitted to put up
by him under this order and also state that
he will voluntarily demolish the
construction put up by him which will be
subject to result of the suit.
Sd/-
JUDGE
kvk
