Karnataka High Court
H N Chandrashekar vs H N Gururajanna on 14 August, 2023
Bench: H T Prasad
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MFA No. 5371 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5371 OF 2023 (CPC)
BETWEEN:
1. H N CHANDRASHEKAR
S/O BALE NANJUNDAPPA
AGED ABOUT 72 YEARS
R/AT OLD POST OFFICE
HOSKOTE INDUSTRIAL AREA
HOSKOTE, BENGALURU 562114.
2. ASHA NEELAKANTA
W/O LATE H N NEELAKANTA
AGED ABOUT 55 YEARS
R/AT NO 1161, OLD SBM ROAD
HOSKOTE, BENGALURU RURAL 562114.
3. DEPAK H N
S/O LATE H N NEELAKANTA
Digitally signed AGED ABOUT 36 YEARS
by R/AT NO 1161, OLD SBM ROAD
DHANALAKSHMI HOSKOTE, BENGALURU RURAL 562114.
MURTHY
Location: High 4. ANISHA H N
Court of W/O C LOHITH
Karnataka
D/O LATE NEELAKANTA
R/AT NO 402, MUTHYALAMMA
TEMPLE, BETTAHALASUR
BENGALURU 562157.
ALL ARE REPRESENTED BY ITS
G.P.A HOLDER, SRIDHARA S K
S/O KRISHNAPPA
AGED ABOUT 43 YEARS
R/AT NO 266, 1ST MAIN
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MFA No. 5371 of 2023
4TH CROSS, NEAR GANAPATHI TEMPLE
SINGASANDRA, BOMMANAHALLI
BENGALURU 560068.
...APPELLANTS
(BY SRI. PRASANNA B R., ADVOCATE)
AND:
1. H N GURURAJANNA
S/O BALE NANJUNDAPPA
AGED ABOUT 83 YEARS
R/AT NO 578, 8TH BLOCK
KORAMANGALA
BENGALURU 560034.
2. H N GOWRISHANKAR
S/O BALE NANJUNDAPPA
AGED ABOUT 76 YEARS
R/AT OLD POST OFFICE ROAD
HOSAKOTE 562114.
3. NIVEDITHA NAGABHUSHAN
W/O LATE NAGABHUSHAN G
AGED ABOUT 47 YEARS
R/AT NO 578, 8TH BLOCK
KORAMANGALA, BENGALURU 560095.
4. N AVANEESH
S/O LATE NAGABHUSHAN G
AGED ABOUT 10 YEARS
GUARDIAN MOTHER
NIVEDITHA NAGABHUSHAN
R/AT NO 578, 8TH BLOCK
KORAMANGALA, BENGALURU 560095.
5. N GOWRI
D/O LATE NAGABHUSHAN G
AGED ABOUT 10 YEARS
GUARDIAN MOTHER
NIVEDITHA NAGABHUSHAN
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MFA No. 5371 of 2023
R/AT NO 578, 8TH BLOCK
KORAMANGALA, BENGALURU 560095.
6. H N MANJUNATHA
S/O BALE NANJUNDAPPA
AGED ABOUT 66 YEARS
R/AT OLD POST OFFICE
HOSKOTE 562114.
7. BHUVANA
D/O ARUN KUMAR AND LATE SMITHA
AGED ABOUT 08 YEARS
GUARDIAN FATHER ARUN KUMAR
R/AT OLD POST OFFICE
HOSKOTE 562114.
8. ABATHI
D/O ARUN KUMAR AND LATE SMITHA
AGED ABOUT 06 YEARS
GUARDIAN FATHER ARUN KUMAR
R/AT OLD POST OFFICE
HOSKOTE 562114.
...RESPONDENTS
(BY SRI.MOTJIM G A, ADVOCATE AND
SRIM SIDDAPPA V D, ADVOCATE FOR R3:
NOTICE TO R1, 2, AND 4 TO 8 ARE DISPENSED WITH
V/O DATED: 14.08.2023)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 21.07.2023 PASSED ON I.A.
NO. III IN O.S.NO. 1243/2023 ON THE FILE OF THE VII
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, ISSUING EMERGENT NOTICE ON
I.A.NO. III AND SUIT SUMMONS TO DEFENDANTS.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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MFA No. 5371 of 2023
JUDGMENT
1. This appeal under Order 43 Rule 1(r) of CPC is filed
by the plaintiffs in O.S.No.1243/2023 before the Prl.
Senior Civil Judge, Bengaluru, challenging the order dated
21.7.2023, whereby the Trial Court has refused to grant
an exparte temporary injunction.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Trial Court.
3. The plaintiffs filed the suit before the Trial Court for
partition and separate possession. Along with the suit, the
plaintiff filed I.A.No.3 under Order 39 Rules 1 and 2 of CPC
seeking an ad-interim exparte order of temporary
injunction restraining the defendants from alienating or
encumbering the suit schedule property pending disposal
of the suit. The Trial Court by impugned order dated
21.7.2023 issued emergent notice on I.A.No.3 and suit
summons to defendants and refused to grant an exparte
temporary injunction. Being aggrieved by the same, the
plaintiffs have filed this appeal.
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MFA No. 5371 of 2023
4. Heard the learned counsel appearing for the parties.
Perused the impugned order.
5. The contesting respondent No.3/defendant No.3
has appeared before this Court. Therefore, it would be
appropriate to direct the Trial Court to dispose of the
application i.e., I.A.No.3, in accordance with law.
6. Hence, I pass the following order:
ORDER
a) The appeal is disposed of.
b) The Trial Court is directed to dispose of I.A.No.3
filed by the plaintiffs under Order 39 Rules 1 and
2 of CPC in accordance with law.
c) The respondent No.3/defendant No.3 is directed
not to create any third party interest in respect
of the suit schedule property till the disposal of
I.A.No.3 by the Trial Court.
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MFA No. 5371 of 2023
In view of disposal of appeal, all pending I.As., if
any, do not survive for consideration and hence, they
are dismissed accordingly.
Sd/-
JUDGE
DM
