Tangevva D/O Gurunath Keri vs Rangappa S/O Bhimappa Keri
2022 Latest Caselaw 3611 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

       DATED THIS THE 3RD DAY OF MARCH 2022

                           BEFORE

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

               MFA No.100644/2022 (CPC)

Between:

1.     Tanngevva D/o. Gurunath Keri,
       Age 16 years, Occ: Student,

2.     Suhas S/o. Gurunath Keri,
       Age 14 years, Occ: Student,

3.     Tejashwinin D/o. Gurunath Keri,
       Age 13 years, Occ: Student,

       Since appellant Nos.1 to 3 are minors
       Rep. by their natural guardian i.e.,
       Mother Smt. Mahadevi W/o. Gurunath Keri,
       Age 36 years, Occ: Housewife,
       R/o.: Machakatti Oni, Yadwad Village,
       Tq.: Mudalagi, Dist.: Belagavi-591 136.
                                                  ... Appellants

(By Shri S.S. Patil, Advocate)


And:

1.     Rangappa S/o. Bhimappa Keri,
       Age 76 years, Occ: Agriculture,
       R/o.: Yadwad Village, Tq.: Mudalagi,
       Dist.: Belagavi-591 136.
                             :2:



2.   Paddavva W/o. Rangappa Keri,
     Age 66 years, Occ: Agriculture,
     R/o.: Yadwad Village, Tq.: Mudalagi,
     Dist.: Belagavi-591 136.

3.   Gurunath S/o. Rangappa Keri,
     Age 42 years, Occ: Agriculture,
     R/o.: Yadwad Village, Tq.: Mudalagi,
     Dist.: Belagavi-591 136.

4.   Shrinivas S/o. Rangappa Keri,
     Age 39 years, Occ: Agriculture,
     R/o.: Yadwad Village, Tq.: Mudalagi,
     Dist.: Belagavi-591 136.

5.   Indrawwa W/o. Ashok Kenchannavar,
     Age 51 years, Occ: Household,
     R/o.: B.K. Budni Village, Tq.: Mudalagi,
     Dist.: Belagavi-591 136.

6.   Shantawwa W/o. Kakasaheb Channapur,
     Age 43 years, Occ: Household,
     R/o.: Nagaral Village, Tq.: Mudalagi,
     Dist.: Belagavi-591 136.

7.   The Managing Director/ General Manager,
     M/s. Dalmia Cement Bharat Ltd., Company,
     Dalmiapuram, District Trichy,
     Tamilnadu-561 651.
                                            ... Respondents


       This MFA is filed under Order 43 Rule 1 read with
Section 104 of the CPC, against the order dated 21.10.2021,
passed in O.S. No.159/2021 on the file of the I-Addl. Senior
Civil Judge, Gokak, dismissing the I.A. No.1 filed under Order
39 Rule 1 and 2 read with Section 151 of CPC.

      This MFA coming on for Orders, this day, the Court
delivered the following:
                            :3:



                       JUDGMENT

1. This appeal arises out of an interlocutory order

passed under Order 39 Rule 1 and 2 read with Section

151 of CPC by which the application filed to restrain the

defendants/respondents from alienating the suit property

has been refused by the trial Court.

2. Defendant Nos.1 to 6 had entered into an

agreement of sale with defendant No.7 and had also

executed the GPA on 15.06.2020. It is not in dispute that

after the impugned order was passed, a sale deed is also

executed in favour of the defendant No.7 on 26.10.2021.

Obviously, in view of this alienation, the prayer made in

the application would not survive for consideration.

However, since the alienation has been made during the

pendency of the suit, it is obvious that such alienation

would be subject to the ultimate outcome of the suit.

3. I therefore find no reason to entertain this

appeal and the appeal is dismissed with a clarification

that the alienation made in favour of the defendant No.7

would be subject to the ultimate result of the suit.

Sd/-

JUDGE Vnp*