Karnataka High Court
Basavaiah B vs Kanaka Sevasamithi Trust on 10 January, 2022
Bench: Ashok S.Kinagi
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
M. F. A. NO.4290 OF 2019 (CPC)
BETWEEN:
1. BASAVAIAH B.,
S/O LATE BASAVAIAH.,
AGED ABOUT 58 YEARS,
PRESIDENT
KANAKA SEVA SAMITHI,
R/AT NO.1/19,
RUDRAPPA GARDEN,
KASTURI BAA NAGAR,
BENGALURU - 560 026.
2. CHIKKAMADE GOWDA,
AGED ABOUT 63 YEARS,
INTERNAL AUDITOR TREASURER
KANAKA SEVA SAMITHI,
K.B. NAGARA,
BENGALURU - 560 026.
3. KARIBASAVAIAH,
S/O MADAIAH,
AGED ABOUT 58 YEARS,
TRUSTEE,
KANAKA SEVA SAMITHI,
R/AT NO.17, KASTURI BAA NAGAR,
BENGALURU - 560 026.
2
4. DODDAMADHU,
S/O NANJAIAH,
SINCE DECEASED
NOT ARRAYED AS A PARTY
...APPELLANTS
(BY SMT.SHRUTHI PHANDE, ADVOCATE FOR
SRI.H.K. RAVI, ADVOCATE)
AND:
1. KANAKA SEVA SAMITHI TRUST ®,
REPRESENTED BY ITS NINE TRUSTEES,
i. RAMU,
ii. MALLESHAPPA D,
iii. NAGARAJU M,
iv. HUCHAIAH,
v. VENKATARAMU,
vi. LINGARAJU,
vii. SHANKAR K,
viii. SINDHU N,
ix. MALLESH,
NO.1/19, 'KANAKA BHAVANA'
OPPOSITE RUDRAPPA GARDEN,
KASTURI BA NAGARA,
BENGALURU - 560 026.
2. RAMU @ SHED RAMANNA,
S/O LATE BASAVEGOWDA,
AGED ABOUT 54 YERAS,
R/AT NO.128,
ASWATHA KATTE MAIN ROAD,
RUDRAPPA GARDEN,
KASTURI BAA NAGARA,
BENGALURU - 560 026.
3
3. MALLESHAPPA D.,
S/O LATE DODDAIAH,
AGED ABOUT 61 YEARS,
R/AT NO.39, KALIDASA LAYOUT,
BENGALURU - 560 050.
4. NAGARAJU M,
S/O MARALLI GOWDA,
AGED ABOUT 47 YEARS,
R/AT NO.10, 7TH CROSS ROAD,
VITTALA NAGARA, BENGALURU - 560 026.
5. HUCHCHIAH,
S/O LATE MADAIAH,
AGED ABOUT 66 YEARS,
R/AT NO.20/2,
ASWATHA KATTE MAIN ROAD,
KASTURI BAA NAGARA,
BENGALURU - 560 026.
6. VENKATARAMU,
S/O CIKKA NANJEGOWDA,
AGED ABOUT 54 YEARS,
ASWATHA KATTE MAIN ROAD,
RUDRAPPA GARDEN,
KASTURI BAA NAGARA,
BENGALURU - 560 026.
7. LINGARAJU,
S/O BHASKARAPA,
AGED ABOUT 52 YEARS,
R/AT NO.71,
KASTURI BAA NAGARA,
BENGALURU - 560 026.
8. SHANKAR K.,
S/O KALAPPA,
AGED ABOUT 51 YERS,
R/AT NO.5, KALIDAS LAYOUT,
BENGALURU - 560 026.
4
9. SIDDU N.,
S/O NANJUNDE GOWDA,
AGED ABOUT 39 YEARS,
R/AT NO.50, 6TH CROSS ROAD,
VITTALA NAGARA,
BENGALURU - 560 026.
10. MALLESH,
S/O MALLE GOWDA,
AGED ABOUT 56 YEARS,
R/AT 47/5, 2ND MAIN,
VITTALA NAGARA,
BENGALURU - 560 026.
11. GANESH,
S/O LATE SIDDAIAH,
AGED ABOUT 56 YEARS,
R/AT NO.90.14, 5TH CROSS,
VITTALA NAGARA WEST,
BENGALURU - 560 026.
12. RAJASHEKHAR D.,
S/O LATE DODDANNA,
AGED ABOUT 48 YEARS,
R/AT NO.53/1, CHOWLA GALLI,
CUBBON PET, BENGALURU - 560 003.
13. NAGANNA,
S/O LATE MADAIAH,
AGED ABOUT 63 YEARS,
R/AT NO.10/2, 6TH CROSS,
KASTURI BAA NAGARA,
RUDRAPPA GARDEN,
BENGALURU - 560 026.
14. MESTRI MAHADEVAIAH,
S/O LATE PUTTE GOWDA,
AGED ABOUT 63 YEARS,
R/AT KASTURI BAA NAGARA,
BENGALURU - 560 026.
5
15. PARAMANANDU,
S/O LATE LAKKAIAH,
AGED ABOUT 53 YEARS,
R/AT NO.30, KALIDASA NAGARA,
SRINAGARA, BENGALURU - 560 026.
16. SHANTHARAJU K.,
S/O KANNAIAH,
AGED ABOUT 44 YEARS,
R/AT NO.18/24, 7TH CROSS,
RUDRAPPA GARDEN,
KASTURI BAA NAGARA,
ASHWATH KATTE ROAD,
BENGALURU - 560 026.
17. MARISWAMI,
S/O RAMALINGE GOWDA,
AGED ABOUT 47 YEARS,
R/AT 91/1, 2ND MAIN ROAD,
9TH CROSS, VITTALA NAGARA,
BENGALURU - 560 018.
18. NANJUNDA M.,
S/O LATE MALLAIAH,
AGED ABOUT 51 YEARS,
R/AT NO.6/301, 4TH MAIN,
9TH BLOCK, ADARSHA NAGARA,
CHAMARAJAPET,
BENGALURU - 560 018.
19. RAMALINGE GOWDA,
S/O LATE LINGAIAH,
AGED ABOUT 60 YEARS,
R/AT NO.8 "ASKHAYA" 4TH CROSS,
17TH MAIN, MUNESHWARA BLOCK,
BENGALURU - 560 050.
20. MAHADEVAIAH,
S/O LATE KARAGE GOWDA,
AGED ABOUT 62 YEARS,
6
R/AT NO.90/10, 3RD CROSS,
VITTALA NAGARA WEST EXTENSION,
BENGALURU - 560 026.
21. P. KUMAR,
S/O PUTTAMADEGOWDA,
AGED ABOUT 48 YEARS,
SECRETARY,
KANAKA SEVA SAMITHI,
R/AT NO.18/23, 6TH CROSS,
KASTURI BAA NAGAR,
BENGALURU - 560 026.
...RESPONDENTS
(BY SRI.L.S.MANJUNATH, ADVOCATE FOR R-2 TO R-5, R-7 TO
R-11, R-13 TO R-18 & ALSO FOR PROPOSED R-6(A);
R-1 REPRESENTED BY R-2 TO R-10;
R-12, R-19 TO R-21 ARE SERVED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 16/04/2019, PASSED ON IA.NO.V,
IN O.S. NO.7556/2017, ON THE FILE OF THE LX ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, BENGALURU (CCH-61),
ALLOWING THE IA.NO.V, FILED U/O.39 RULE 1 AND 2 R/W.
SEC.151 OF CPC.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants being aggrieved by the order dated
16.04.2019 passed on I.A.No.5 in O.S.No.7556/2017 by the
LX Additional City Civil and Session Judge, Bengaluru (CCH-
61), have filed this appeal.
2. During the pendency of the appeal, this Court has
granted an interim order of stay of the impugned order.
Subsequently, on 21.01.2020, learned counsel for the
contesting respondents submits that during the pendency of
this appeal, the appellants taking advantage of the interim
order granted by this Court on 21.08.2019, have completed
the construction work. He further submits that the interim
order was to maintain status-quo. Therefore, the appeal is
rendered infructuous.
3. In view of the submission made by the learned
counsel for the respondents that the appellants have already
constructed the building during pendency of this appeal,
I.A.No.5 filed by the respondents before the Trial Court does
not survive for consideration. Accordingly, I.A.No.5 filed by
respondents has become infructuous. In view of the same,
appeal is disposed of.
4. In view of disposal of appeal, I.A.No.2/2019 and
I.A.No.3/2019 does not survive for consideration and are
accordingly disposed of.
Sd/-
JUDGE
GRD
