Master Prabanjan @ Kishan ... vs Sri Deva Kumar R S
2023 Latest Caselaw 5235 Kant

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                                                      NC: 2023:KHC:27267
                                                        MFA No. 2550 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 3RD DAY OF AUGUST, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 2550 OF 2016 (CPC)
                   BETWEEN:

                   MASTER PRABANJAN @ KISHAN PRABANJAN
                   S/O U. PAWAN KUMAR
                   AGED ABOUT 11 YEARS
                   SINCE MONOR, RPERESENTED BY HIS MOTHER
                   I.E., HIS NATURAL GUARDIAN
                   SMT. H.K. MEGHANA
                   W/O U. PAWAN KUMAR
                   AGED ABOUT 32 YEARS
                   C/O KALAPPA GOWDA H.G
                   R/O B. HOSAHALLI VILLAGE
                   B. HOSAHALLI POST
                   MUDIGERE TALUK
                   CHIKMAGALUR DISTRICT-578001.         ...APPELLANT


                   (BY SRI. PRADEEP H S., ADVOCATE)
Digitally signed
by
DHANALAKSHMI       AND:
MURTHY
Location: High
Court of           1.    SRI DEVA KUMAR R S
Karnataka                S/O R. SUBBANNA
                         R1 IS DEAD SINCE LR'S ON RECORD

                   1(a) ANANTH
                       S/O DEVKUMAR LATE
                       AGED ABOUT 46 YEARS

                   1(b) SMT. PALLAVI
                        D/O DEVKUMAR
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                                   NC: 2023:KHC:27267
                                     MFA No. 2550 of 2016




     AGED ABOUT 49 YEARS

     BOTH ARE RESIDING AT NO.198/22
     5TH MAIN ROAD, VYALIKAVAL
     MALESHWARAM, BANGALORE-560003.

2.   SRI. R.S UMESH
     S/O R. SUBBANNA
     AGED ABOUT 71 YEARS
     R/AT NO.1063, 4TH PHASE
     NEW KANTHARAJURS ROAD
     T.K. LAYOUT, MYSORE-580023.

3.   SRI. U. PAWAN KUMAR
     S/O R.S. UMESH
     AGED ABOUT 41 YEARS
     R/O HOUSE NO.1063
     4TH PHASE, NEW KANTHRAJURS ROAD
     T.K. LAYOUT, MYSORE-580023.

4.   SMT. U. SWARNA GOWRI
     W/O BALASUBRAMANYA
     AGED ABOUT 39 YEARS
     R/AT 1063, 4TH PHASE
     NEW KANTHRAJ URS ROAD
     T.K. LAYOUT, MYSORE-580023.

5.   SMT. U. SUPRIYA
     W/O KIRAN
     AGED ABOUT 36 YEARS
     R/O HOUSE NO.1063, 4TH PHASE
     NEW KANTHRAJ URS ROAD
     T.K. LAYOUT, MYSORE-580023.       ...RESPONDENTS

(BY SRI. H R ANANTHA KRISHNA MURTHY.,
ADVOCATE FOR C/R2:
NOTICE TO R1(a & b) & R3 TO R5 ARE
DISPENSED WITH V/O DATED: 22.04.2016)
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                                        NC: 2023:KHC:27267
                                          MFA No. 2550 of 2016




     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATED:19.02.2016 PASSED ON IA
NO.3 IN O.S.NO.8757/2012 ON THE FILE OF THE XL
ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU,
ALLOWING IA NO.3 FILED U/O.39 RULE 4 OF CPC.

     THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                             JUDGMENT

This appeal is filed by the plaintiff under Order 43

Rule 1(R) of CPC, challenging the order dated 19.02.2016

passed by the 40th Additional City Civil and Sessions

Judge, Bangalore dismissing IA No.1 filed under Order 39

Rules 1 and 2 of CPC in O.S.No.8757/2012.

2. For the sake of convenience, parties are referred

to as per their ranking before the trial court.

3. The plaintiff filed a suit for partition and separate

possession. The trial court has granted an ex-parte

temporary injunction order. After the appearance of the

defendants, they have filed IA No.3 under Order 39 Rule 4

of CPC for vacating the ex-parte interim order of

injunction. The trial court, considering the applications

filed by the plaintiff and the second defendant, after

NC: 2023:KHC:27267 MFA No. 2550 of 2016

hearing the parties, by the impugned order rejected IA

No.1 filed by the plaintiff, allowing the application filed by

the second defendant by vacating the ex-parte injunction

order. Being aggrieved by the same, the plaintiff is before

this Court.

4. This Court, by order dated 22.04.2016 granted an

interim order directing both the parties to maintain

status-quo in respect of suit schedule property. That

order is operating till today.

5. The learned counsel for the plaintiff submitted

that the suit is set down for cross-examination of the

plaintiff. Under this circumstance, the only relief that can

be granted in this appeal is to direct the trial court to

dispose of the suit expeditiously and to continue the

interim order granted by this Court till the disposal of the

suit.

6. Accordingly, I pass the following order:

NC: 2023:KHC:27267 MFA No. 2550 of 2016

(i) The appeal is disposed of directing the

trial court to dispose of the suit as expeditiously

as possible, not later than one year from the

date of receipt of a copy of this order.

(ii) The parties are directed to maintain

status-quo in respect of the suit schedule

property till the disposal of the suit.

7. In view of disposal of the main matter, all the

pending applications stand disposed of.

Sd/-

JUDGE

CM