Sri C Manjunath vs Smt Govindamma
2023 Latest Caselaw 10296 Kant

Karnataka High Court

Sri C Manjunath vs Smt Govindamma on 12 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                               -1-
                                                           NC: 2023:KHC:45106
                                                         MFA No. 4037 of 2022




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 12TH DAY OF DECEMBER, 2023

                                             BEFORE

                     THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

                   MISCELLANEOUS FIRST APPEAL NO. 4037 OF 2022 (CPC)

                   BETWEEN:

                      SRI C MANJUNATH
                      S/O LATE GOPAL SHETTY
                      AGED ABOUT 58 YEARS
                      CHAMARAJPET, BENGALURU-560018
                      ALSO AT NO.950/10, 7TH MAIN
                      AVALAHALLI MAIN ROAD
                      BENGALURU-560050
                                                                 ...APPELLANT
                          (BY SRI RAVI S K., ADVOCATE)
                   AND:

                      SMT GOVINDAMMA
                      D/O LATE V CHINNAPPA
                      W/O LATE A VENKATESH
                      AGED ABOUT 72 YEARS
Digitally signed
by                    NO.53/1, DEVANATHACHAR STREET
DHANALAKSHMI          CHAMARAJPET, BENGALURU-560018
MURTHY
Location: High                                              ...RESPONDENT
Court of               (BY SRI NAGARAJA.G., ADV. FOR SRI MURALIDHAR H M.,
Karnataka
                   ADVOCATE)

                        MFA FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE
                   ORDER    DT.03.03.2022 PASSED    ON   IA   NO.1  IN
                   O.S.NO.6172/2020 ON THE FILE OF THE 17TH ADDITIONAL
                   CITY CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH-16),
                   ALLOWING THE SUIT FILED U/O.39 RULE 1 AND 2 R/W
                   SECTION 151 OF CPC.

                        THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
                   THE COURT DELIVERED THE FOLLOWING:
                                -2-
                                               NC: 2023:KHC:45106
                                           MFA No. 4037 of 2022




                           JUDGMENT

This appeal is filed by the defendant challenging the order

dated 03.03.2022 passed by the 17th Addl. City Civil and

Sessions Judge at Bengaluru (CCH-16) in OS No.6172/2020,

whereby application filed by the plaintiff under Order XXXIX

Rules 1 and 2 of Code of Civil Procedure Code, 1908, is

allowed.

2. For sake of convenience the parties are referred to

as per their ranking before the trial Court.

3. Plaintiff has filed a suit for declaration to declare

that plaintiff has preferential right to purchase the suit schedule

property from the defendant. He has also filed an application

under Order XXXIX Rules 1 and 2 of CPC and trial Court by the

impugned order allowed the said application. Being aggrieved

by the same the defendant has filed the present appeal.

4. In this appeal the appellant has challenged the

order dated 03.03.2022 passed by the trial Court restraining

the appellant - defendant from creating third party interest in

respect of the suit schedule property, which is operative from

03.03.2022.

NC: 2023:KHC:45106

5. Under the circumstances, the only relief that can be

granted at this stage is that the trial Court may be directed to

dispose of the suit as early as possible.

6. In the result, the following order:

ORDER

(1) The appeal is disposed of.;

(2) The 17th Addl. City Civil and Sessions Judge at

Bengaluru (CCH-16), is directed to dispose of

the suit in OS No.6172/2020, as early as

possible, not later than six months from the

date of receipt of the copy of this order.;

(3) Both the parties are directed to co-operate with

the trial Court in speedy disposal of the suit.;

(4) All pending applications stand disposed of.

Sd/-

JUDGE

VK