Smt Lakshmamma vs M/S Kaveri Food Products India Pvt ...
2022 Latest Caselaw 940 Kant

                              1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 20TH DAY OF JANUARY, 2022

                        BEFORE

        THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI

     MISCELLANEOUS FIRST APPEAL NO.3/2022 (CPC)

BETWEEN:

1.     SMT. LAKSHMAMMA,
       W/O LATE KRISHNAPPA @
       CHIKKAKRISHNAPPA,
       AGED ABOUT 67 YEARS,
       RESIDING AT NO.80,
       VADDARAPALYA,
       AGARA MAIN ROAD,
       BENGALURU - 560 043.

2.     SMT KAMALA,
       W/O LATE MURTHY,
       AGED ABOUT 42 YEARS,
       RESIDING AT NO.23,
       VADDARAPALYA,
       AGARA MAIN ROAD,
       BENGALURU - 560 043.

3.     SHRI. SHANKAR,
       S/O LATE MURTHY,
       AGED ABOUT 28 YEARS,
       RESIDING AT NO.23,
       VADDARAPALYA,
       AGARA MAIN ROAD,
       BENGALURU - 560 043.

4.     SHRI .LOKESH,
       S/O LATE MURTHY,
       AGED ABOUT 25 YEARS,
       RESIDING AT NO.23,
       VADDARAPALYA,
       AGARA MAIN ROAD,
       BENGALURU - 560 043.
                              2




5.    SHRI. GANGADHARA,
      S/O LATE KRISHNAPPA @
      CHIKKAKRISHNAPPA,
      AGED ABOUT 47 YEARS,
      RESIDING AT NO.23,
      VADDARAPALYA,
      AGARA MAIN ROAD,
      BENGALURU - 560 043.

6.    MUNIYAMMA,
      W/O LATE NAGARAJ,
      AGED ABOUT 34 YEARS,
      RESIDING AT NO.78,
      VADDARAPALYA,
      AGARA MAIN ROAD,
      BENGALURU - 560 043.

7.    SMT. JAYAMMA,
      D/O LATE THAMMAIAH,
      AGED ABOUT 57 YEARS,
      RESIDING AT NO.53,
      LAKKONDAHALLI,
      HOSAKOTE TALUK,
      BENGALURU RURAL - 562 114.

8.    SMT. LAKSHMAMMA,
      W/O LATE CHIKKAPPAIAH,
      AGED ABOUT 66 YEARS,
      RESIDING AT NO.63,
      VADDARAPALYA,
      AGARA MAIN ROAD,
      BENGALURU - 560 043.

9.    SMT. UMA,
      D/O LATE CHIKKAPPAIAH,
      AGED ABOUT 42 YEARS,
      RESIDING AT NO.63,
      VADDARAPALYA,
      AGARA MAIN ROAD,
      BENGALURU - 560 043.
10.   SHRI. SREEDHAR,
      S/O LATE CHIKKAPPAIAH,
      AGED ABOUT 41 YEARS,
      RESIDING AT NO.63,
                               3




       VADDARAPALYA,
       AGARA MAIN ROAD,
       BENGALURU - 560 043.
                                      ... APPELLANTS
(BY SRI. VENUGOPAL M.S., ADVOCATE)

AND:

1.     M/S. KAVERI FOOD PRODUCTS
       INDIA PVT LTD.,
       HAVING ADDRESS AT NO.1,
       "PRARTHANA", KAVERI LAYOUT,
       KAVERI NAGAR, HORAMAVU POST,
       BENGALURU - 560 043,
       REPRESENTED BY ITS
       MANAGING DIRECTOR.

2.     UNISHRINE HOUSING LLP,
       REPRESENTED BY ITS
       AUTHORISED SIGNATORY,
       SHRI. G. NANDA KUMAR,
       HAVING OFFICE AT NO.36,
       RAILWAY PARALLEL ROAD,
       KUMARA PARK WEST,
       BENGALURU - 560 020.

3.     UNISHRINE SKYCAPES LLP,
       REPRESENTED BY ITS
       AUTHORISED SIGNATORY,
       SHRI. G. NANDA KUMAR,
       HAVING OFFICE AT NO.36,
       RAILWAY PARALLEL ROAD,
       KUMARA PARK WEST,
       BENGALURU - 560 020.

4.     SHRI. B. K. SRINIVASAMURTHY,
       S/O LATE P. KRISHNAMURTHY,
       AGED ABOUT 59 YEARS,
       RESIDING AT NO.51,
       T.D.LANE COTTONPETE,
       BENGALURU - 560 053.

5.     SMT. B. K. LALITHA,
       W/O SHRI. D. NARAYANASWAMY,
       AGED ABOUT 56 YEARS,
                              4




     RESIDING AT NO.159,
     GEETHANJALI LAYOUT,
     HAL 3RD STAGE,
     BENGALURU - 560 075.

6.   SHRI. B. K. PRAKASH,
     S/O LATE P.KRISHNAMURTHY,
     AGED ABOUT 51 YEARS,
     RESIDENT OF NO.51,
     T.D. LANE COTTONPETE,
     BENGALURU - 560 053.

7.   M/S. VICTORY CONSTRUCTIONS,
     NO.403, SUMUKHA ENCLAVE,
     PRAKRUTHI LAYOUT, HENNUR,
     KALYANA NAGAR POST,
     BENGALURU - 560 043,
     REPRESENTED BY ITS PARTNERS,
     SHRI. C. SRINIVAS AND
     SHRI. P. VEERA RAGHAVA REDDY.
                                            ... RESPONDENTS

(BY SRI.K.SUMAN., SR. ADVOCATE FOR
    SRI.SIDDHARTH SUMAN, ADVOCATE FOR C/R5 AND 7)


      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(r) OF CPC,1908 AGAINST THE ORDER DATED
13.09.2021 PASSED ON I.A. NO.2 IN O.S.NO.3097/2021 ON
THE FILE OF THE LII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU, DISMISSING I.A. NO.2 FILED UNDER
ORDER XXXIX RULE 1 AND 2 READ WITH SECTION 151 OF CPC.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

                   JUDGMENT

After arguing the matter for some time,

Sri.K.Suman, learned Senior Counsel appearing for

respondents submits that as construction undertaken by

the respondent shall be subject to the out come of the

suit and he further undertakes that in case the appellant

succeeds the suit, respondents will not claim any equity.

2. The said submission is placed on record.

3. In view of the submission made by the

learned counsel for the respondents, nothing survives

for consideration in this appeal. According, the appeal is

disposed of.

In view of disposal of the appeal, I.A. No.1/2022 is

also allowed.

Sd/-

JUDGE RKA