Karnataka High Court
Sri K V Devaraju vs Smt Ramakka on 11 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:44874
MFA No. 397 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 397 OF 2020 (CPC)
BETWEEN:
SRI.K V DEVARAJU
SON OF VENKATACHALAIAH
AGED ABOUT 43 YEARS
RESIDENT OF KESARAMADU
VILLAGE AND POST, URDIGERE HOBLI
TUMAKURU TALUK
NOW RESIDING BEHIND
BISMILLA HOTEL, N.H.4
KYATASANDRA, TUMAKURU
...APPELLANT
(BY SRI. SIDDAMALLAPPA P M.,ADVOCATE)
AND:
1. SMT. RAMAKKA
Digitally signed D/O RAMAIAH
by
DHANALAKSHMI AGED ABOUT 62 YEARS
MURTHY
RESIDING AT GEDDALAHALLI VILLAGE
Location: High
Court of KASABA HOBLI, TUMKURU TALUK-572102.
Karnataka
2. SRI SIDDARAJU
S/O SMT RAMAKKA
AGED ABOUT 42 YEARS
RESIDING AT GEDDALAHALLI VILLAGE
KASABA HOBLI, TUMKURU TALUK-572102.
3. SRI HANUMANTHARAJU
S/O SMT RAMAKKA
AGED ABOUT 38 YEARS
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NC: 2023:KHC:44874
MFA No. 397 of 2020
R/AT GEDDALAHALLI VILLAGE
KASABA HOBLI, TUMKURU TALUK-572102.
4. SMT. GANGALAKSHMAMMA
D/O SMT RAMAKKA
AGED ABOUT 40 YEARS
R/AT GEDDALAHALLI VILLAGE
KASABA HOBLI, TUMKURU TALUK-572102.
5. SMT LALITHAMMA
D/OF SMT RAMAKKA
AGED ABOUT 39 YEARS
R/AT GEDDALAHALLI VILLAGE
KASABA HOBLI, TUMKURU TALUK-572102.
6. SMT. SHIVAGANGAMMA
D/O SMT RAMAKKA
AGED ABOUT 32 YEARS
R/AT GEDDALAHALLI VILLAGE
KASABA HOBLI, TUMKURU TALUK-572102.
7. SRI CHANNEGOWDA P R
SON OF RAMAIAH P.M.
AGED ABOUT 57 YEARS
RESIDENT OF 29TH CROSS
MALLIGE ROAD, S.I.T. EXTENSION
TUMAKURU-572101.
...RESPONDENTS
(BY SRI.T.M.MANJUNATH., ADVOCATE FOR R7:
NOTICE TO R1 TO R6 DISPENSED WITH
V/O DATED: 03.02.2020)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC
AGAINST THE ORDER DATED 11.12.2019 PASSED ON I.A.NO.I
IN OS.NO.480/2019 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND CJM, TUMAKURU, REJECTING THE I.A.NO.I
FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2023:KHC:44874
MFA No. 397 of 2020
JUDGMENT
1. This appeal under Order XLIII Rule 1 (r) of the CPC
has been filed by the plaintiff challenging the order dated
11.12.2019 passed by the Additional Senior Civil Judge
and CJM, Tumakuru on I.A.No.I in O.S.No.480/2019
whereby I.A.No.I filed by the plaintiff under Order XXXIX
Rule 1 and 2 of CPC has been rejected.
2. For the sake of the convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The plaintiff has filed a suit for declaration and
permanent injunction. Along with the plaint, he has filed
I.A.No.1 under Order XXXIX Rule 1 and 2 read with
Section 151 of CPC seeking an order of temporary
injunction against defendant No.7, from putting up any
further construction over the suit schedule property until
disposal of the suit.
4. After service of summons, the defendant No.7
appeared through his counsel and filed the objection.
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After hearing the parties, the trial Court by impugned
order dated 11.12.2019 has rejected the application filed
by the plaintiff. Being aggrieved by the same, the plaintiff
is before this Court in this appeal.
5. The trial Court after considering the material available
on record, has rejected the application filed by the plaintiff
by impugned order dated 11.12.2019 on the ground that
defendant No.7 has already been started construction in
the suit schedule property and the plaintiff has not made
out any prima-facie case to issue temporary injunction
order in his favour. The impugned order passed by the
trail Court is operating till today. The suit filed by the
plaintiff is now set down for evidence of the parties.
6. Under this circumstance, the only relief that can be
granted by this Court is to direct the trial Court to dispose
of the suit as expeditiously as possible and any
construction made in the suit schedule property by the
defendant No.7 may be subject to the result of the suit.
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7. Accordingly, I pass the following order:
ORDER
a) The appeal is disposed of.
b) The order dated 11.12.2019 passed by the
Additional Senior Civil and CJM, Tumakuru on
I.A.No.I in O.S.No.480/2019 is hereby
confirmed, subject to the condition that if any
construction made by defendant No.7 in the suit
schedule property, is subject to the result of the
suit.
c) The trial Court is directed to dispose of the
suit as expeditiously as possible.
d) All pending applications, if any, are also
disposed of.
Sd/-
JUDGE
HA
