Karnataka High Court

Smt. G. Shivamma @Sivamma vs Sri Manjunath on 1 June, 2022

Bench: B.M.Shyam Prasad

                                -1-



         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 01ST DAY OF JUNE, 2022

                              BEFORE

          THE HON'BLE MR.JUSTICE B.M.SHYAM PRASAD

          MISCELLANEOUS FIRST APPEAL NO.7871/2016

                               C/W

        MISCELLANEOUS FIRST APPEAL NO.1043/2017 (CPC)
IN MFA NO. 7871/2016

BETWEEN:

1.      SMT.G. SHIVAMMA @ SIVAMMA
        W/O LATE R K GOVINDAPPA
        AGED ABOUT 67 YEARS
        RESIDING AT NO 402
        KEERTHI REGENCY NO 19/1-1
        II MAIN, KODIHALLI
        BENGALURU - 562 119.
2.      SRI V SIDDALINGAPPA @ SIDDALINGA
        S/O LATE R K GOVINDAPPA
        AGED ABOUT 47 YEARS
        RESIDING AT NO 501
        KEERTHI REGENCY NO 19/1-1
        II MAIN, KODIHALLI
        BENGALURU - 562 119.

3.      SRI. SRIRAMA.V SINCE DECEASED BY HIS LRS

3(a).   SMT. SUJATHA
        W/O LATE SRIRAMA
        AGED ABOUT 45 YEARS

3(b).   S. SATHYESH
        S/O LATE SRIRAMA
        AGED ABOUT 9 YEARS

3(c).   S. NITHIN
        S/O LATE SRIRAMA
        AGED ABOUT 9 YEARS,
                                -2-



       3(b) & 3(c) ARE MINORS, HENCE REPRESENT
       BY THEIR GUARDIAN APPELLANT No. 3(a)
       RESIDING AT NO 402 KEERTHI REGENCY
       NO 19/1-1 II MAIN, KODIHALLI
       BENGALURU - 562 119.
                                            ... APPELLANTS
(BY SRI. S. G. HEGDE, ADVOCATE)

AND:

1.     SRI .MANJUNATH
       S/O LATE R.K. GOVINDAPPA
       AGED ABOUT 33 YEARS
       RESIDING AT NO. 402,
       KEERTHI REGENCY
       NO.19/1-1, II MAIN KODIHALLI
       BENGALURU - 562 119.

2.     SMT. GAYATHRI
       D/O LATE R.K. GOVINDAPPA
       W/O VENKATESH
       AGED ABOUT 37 YEARS
       RESIDING AT NO. 901,
       4TH CROSS, I MAIN
       BRINDAVANA LAYOUT
       VIJINAPURA D V NAGAR POST
       BANGALORE - 560 016.

3.     SRI A V RAMANA
       FATHERS NAME NOT KNOWN
       MAJOR, RESIDING AT NO 101
       KEERTHI REGENCY NO 19/1-1
       II MAIN, KODIHALLI, BENGALURU - 562 119.

4.     MRS BARNALI
       FATHERS NAME NOT KNOWN
       MAJOR, RESIDING AT NO 104
       KEERTHI REGENCY
       NO 19/1-1 II MAIN, KODIHALLI
       BENGALURU - 562 119.
5.     SRI CHIRAG M. CHAUHAN
       FATHERS NAME NOT KNOWN
       MAJOR, RESIDING AT NO 201
       KEERTHI REGENCY NO 19/1-1
       II MAIN, KODIHALLI
       BENGALURU - 562 119.
                                -3-



6.    SRI SADAF KHAN
      FATHERS NAME NOT KNOWN
      MAJOR, RESIDING AT NO 204
      KEERTHI REGENCY NO 19/1-1
      II MAIN, KODIHALLI
      BENGALURU - 562 119.

7.    MR RAHUL
      FATHERS NAME NOT KNOWN
      MAJOR, RESIDING AT NO 404
      KEERTHI REGENCY NO 19/1-1
      II MAIN, KODIHALLI
      BENGALURU - 562 119.

8.    MRS G. NAGARATHNA
      D/O LATE R K GOVINDAPPA
      AGED ABOUT 32 YEARS
      RESIDING AT NO 402
      KEERTHI REGENCY NO 19/1-1
      II MAIN, KODIHALLI
      BENGALURU - 562 119.

9.    KARNATAKA GOLF ASSOCIATION
      REPRESENTED BY ITS SECRETARY
      WIND TUNNEL ROAD NAL ROAD
      MURUGESHAPALYA BANGALORE - 17.

10.   STATE OF KARNATAKA
      REPRESENTED BY ITS SECRETARY
      REVENUE DEPARTMENT
      VIDHANASOUDHA
      DR. AMBEDKAR VEEDHI
      BENGALURU - 560 001.

11.   KARNATAKA STATE TOURISM
      DEVELOPMENT CORPORATION
      NO. 14/6, KASTURABA ROAD
      QUEEN'S CIRCLE
      BENGALURU - 560 001.
                                        ... RESPONDENTS
(BY SRI.S.D.N PRASAD, ADVOCATE FOR R1 & R2;
    SRI.G.M. CHANDRASHEKAR, AGA FOR R10 & R11;
    NOTICE TO R3 TO R9 IS DISPENSED WITH)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER
43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 29.09.2016
PASSED IN I.A. NO.I/2016 AND I.A.NO.III/2016 IN O.S.NO. 26567/2010
ON THE FILE OF THE IV ADDITIONAL CITY CIVIL AND SESSIONS
                                 -4-



JUDGE AT MAYOHALL UNIT, BENGALURU. ALLOWING I.A. NO.1/2016
FILED UNDER ORDER 40 RULE 1 OF CPC AND ALLOWING THE
I.A.NO.III/2016 FILED UNDER ORDER XXXIX RULE 1 AND 2 CPC.

IN MFA NO. 1043/2017:

BETWEEN:

1.      SMT G. SHIVAMMA @ SIVAMMA
        W/O LATE R K GOVINDAPPA
        AGED ABOUT 67 YEARS
        RESIDING AT NO 501
        KEERTHI REGENCY NO 19/1-1
        II MAIN, KODIHALLI
        BENGALURU - 562 119.

2.      SRI V SIDDALINGAPPA @ SIDDALINGA
        S/O LATE R K GOVINDAPPA
        AGED ABOUT 48 YEARS
        RESIDING AT NO 501
        KEERTHI REGENCY NO 19/1-1
        II MAIN, KODIHALLI, BENGALURU - 562 119.

3.      SRI. SRIRAMA.V SINCE DECEASED BY HIS LRS

3(a).   SMT. SUJATHA
        W/O LATE SRIRAMA
        AGED ABOUT 45 YEARS

3(b).   MASTER S. SATHYESH
        S/O LATE SRIRAMA
        AGED ABOUT 09 YEARS

3(c).   MASTER S. NITHIN
        S/O LATE SRIRAMA
        AGED ABOUT 9 YEARS,

       3(b) & 3(c) ARE MINORS, HENCE REPRESENT
       BY THEIR GUARDIAN APPELLANT No. 3(a)
       RESIDING AT NO 402 KEERTHI REGENCY
       NO 19/1-1 II MAIN, KODIHALLI
       BENGALURU - 562 119.
                                            ... APPELLANTS
(BY SRI. S. G. HEGDE, ADVOCATE)

AND:

1.      SRI .MANJUNATH
        S/O LATE R.K. GOVINDAPPA
                              -5-



     AGED ABOUT 33 YEARS
     RESIDING AT NO. 402,
     KEERTHI REGENCY
     NO.19/1-1, II MAIN KODIHALLI
     BENGALURU - 562 119.

2.   SMT. GAYATHRI
     D/O LATE R.K. GOVINDAPPA
     W/O VENKATESH
     AGED ABOUT 37 YEARS
     RESIDING AT NO. 901,
     4TH CROSS, I MAIN, BRINDAVANA LAYOUT
     VIJINAPURA D V NAGAR POST
     BANGALORE - 560 016.

3.   SRI A V RAMANA
     FATHERS NAME NOT KNOWN
     MAJOR, RESIDING AT NO 101
     KEERTHI REGENCY NO 19/1-1
     II MAIN, KODIHALLI
     BENGALURU - 562 119.

4.   MRS BARNALI
     FATHERS NAME NOT KNOWN
     MAJOR, RESIDING AT NO 104
     KEERTHI REGENCY
     NO 19/1-1 II MAIN, KODIHALLI
     BENGALURU - 562 119.
5.   SRI CHIRAG M. CHAUHAN
     FATHERS NAME NOT KNOWN
     MAJOR, RESIDING AT NO 201
     KEERTHI REGENCY NO 19/1-1
     II MAIN, KODIHALLI
     BENGALURU - 562 119.

6.   SRI SADAF KHAN
     FATHERS NAME NOT KNOWN
     MAJOR, RESIDING AT NO 204
     KEERTHI REGENCY NO 19/1-1
     II MAIN, KODIHALLI
     BENGALURU - 562 119.

7.   MR RAHUL
     FATHERS NAME NOT KNOWN
     MAJOR, RESIDING AT NO 404
     KEERTHI REGENCY NO 19/1-1
     II MAIN, KODIHALLI
     BENGALURU - 562 119.
                              -6-



8.    MRS G. NAGARATHNA
      D/O LATE R K GOVINDAPPA
      AGED ABOUT 32 YEARS
      RESIDING AT NO 402
      KEERTHI REGENCY NO 19/1-1
      II MAIN, KODIHALLI
      BENGALURU - 562 119.

9.    KARNATAKA GOLF ASSOCIATION
      REPRESENTED BY ITS SECRETARY
      WIND TUNNEL ROAD NAL ROAD
      MURUGESHAPALYA BANGALORE - 17.

10.   STATE OF KARNATAKA
      REPRESENTED BY ITS SECRETARY
      REVENUE DEPARTMENT
      VIDHANASOUDHA
      DR. AMBEDKAR VEEDHI
      BENGALURU - 560 001.

11.   KARNATAKA STATE TOURISM
      DEVELOPMENT CORPORATION
      NO. 14/6, KASTURABA ROAD
      QUEEN'S CIRCLE
      BENGALURU - 560 001.
                                     ... RESPONDENTS


(BY SRI.S.D.N PRASAD, ADVOCATE FOR R1 & R2;
    SRI.G.M. CHANDRASHEKAR, AGA FOR R10 & R11;
    NOTICE TO R3 TO R9 IS DISPENSED WITH)


      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER
43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 29.09.2016
PASSED ON I.A. NO.1/2016 IN O.S.NO. 26567/2010 ON THE FILE OF
THE IV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT MAYOHALL
UNIT, BENGALURU. ALLOWING I.A. NO.1/2016 FILED UNDER ORDER
40 RULE 1 OF CPC AND ALLOWING THE I.A.NO.1/2016 FILED UNDER
ORDER 40 RULE 1 CPC.


     THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
                              -7-



                        JUDGMENT

These appeals are directed against the common

order dated 29.09.2016 on IA No.I/2016 and III/2016,

which are filed by the first and second

respondents/plaintiffs in O.S.No.26567/2010 on the file

of the IV Additional City Civil and Sessions Judge, Mayo

Hall, Bengaluru (hereinafter referred to as 'the civil

Court'). The respondents' application in IA No.I/2016 is

under Order XL Rule 1 of the Code of Civil Procedure,

1908 for appointment of a receiver and the respondents'

other application - IA No.III/2016 - is under Order

XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908.

2. The Civil Court by the impugned order dated

29.09.2016 has allowed both the applications. In

allowing the application in IA No. III/2016, the Civil

Court has restrained the appellants from alienating the

apartments in building called Keerthy Regency which

are described in the plaint schedule as schedule 'A' to

'G' properties and the appellants are also restrained

from collecting rents from the occupants of these

apartments. The Civil Court in allowing the IA

No.I/2016 has ordered for the appointment of a receiver

to manage the affairs of the schedule 'A' to 'G'

apartments (hereinafter referred to as 'subject

apartments') and to collect future arrears of rent from

the tenants.

3. Sri S.G.Hegde, and Sri S.D.N.Prasad, the

learned counsels for the parties, submit that after this

impugned order, the parties have filed a memo before

the Civil Court agreeing to certain interim measures and

pursuant to such memo, certain submissions have been

made even before this Court. Presently, the appellants

have made over the possession of the apartment

Nos.402 and 104 [two of the subject apartments] to the

respondents and the respondents are in possession of

these two apartments. The appellants and the

respondents would continue to be in possession of the

respective apartments until the disposal of the suit

without creating any third party interest and be liable to

render account subject to final adjudication of the suit.

4. The learned counsels also submit that the

suit is pending for over a decade and both the

appellants and the respondents shall assist/co-operate

with the Civil Court for expeditious disposal of the suit

and this Court, while disposing of the appeals in the

light of the interim arrangement that has prevailed,

must direct the Civil Court to dispose of the suit in an

expeditious manner.

5. It is obvious from the above submissions

that after the impugned order, the parties have agreed

to an interim arrangement, which has continued for

sometime, and the parties are also willing to continue

such interim arrangement during the pendency of the

suit undertaking to be liable to the corresponding onus

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to render account based on the final outcome of the

suit. This Court is of the considered view that this

interim arrangement must continue till the final

decision in the suit and the appeals could be disposed

of modifying the impugned order to facilitate such

interim arrangement to continue until the disposal of

the suit.

6. Further, the suit is pending for adjudication

for over a decade. This Court has issued directions to

the District Courts to identify the measures for

expedited disposal of the proceedings, which are

pending for more than 5 to 10 years, and the Civil

Court, in compliance with such directions, will have to

take necessary measures for expedited decision in the

suit as well. This Court therefore is also of the

considered view that the parties must be directed to

assist/cooperate with the Civil Court in expeditious

disposal of the suit and call upon the Civil Court to

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dispose of the suit within an outer limit of twelve (12)

months from the date of certified copy of this order.

Hence, the following:

ORDER

(a) The appeals are allowed.

(b) The impugned order dated

29.09.2016 in O.S.No.26567/2010 on the

file of IV Additional City Civil and Sessions

Judge, Bengaluru, is modified directing the

parties to maintain status quo as regards

possessions and title to the subject

apartments during the pendency of the suit

and subject to final adjudication therein.