Karnataka High Court
B.N. Srinivasamurthy vs Smt. Vijayalakshmi on 21 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 6546 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 6546 OF 2023 (CPC)
BETWEEN:
1. B.N. SRINIVASAMURTHY
S/O LATE B. NARAYANA RAO,
AGED ABOUT 79 YEARS,
RESIDING AT BOMMAVARA,
VILLAGE, UDHANA VADI POST,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
2. SMT. B.S. MEENAKSHI
D/O B.N. SRINIVASA MURTHY,
AGED ABOUT 49 YEARS,
RESIDING AT NO. 778,
5TH BLOCK, 17TH CROSS,
Digitally signed
by HMT LAYOUT,
DHANALAKSHMI
MURTHY BANGALORE - 560 097.
Location: High
Court of
Karnataka 3. SMT. SHYLAJA B.S
D/O B.N. SRINIVASA MURTHY,
W/O BALAJI PRABHU M.S
AGED ABOUT 47 YEARS,
RESIDING AT NO. C-302,
APARTMENT G.K. LANE,
ANANTHAPURA ROAD, ANANTHAPURA
BANGALORE NORTH TALUK
YELAHANKA,
BANGALORE - 560 064.
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MFA No. 6546 of 2023
4. SMT. B.S. PANKAJA
D/O B.N. SRINIVASA MURTHY,
W/O N.S. PARAMESH,
AGED ABOUT 44 YEARS,
RESIDING AT NO. 155,
1ST MAIN, 2ND A CROSS,
DOMALURU,
BANGALORE - 560 071.
5. SMT. SHARADA B.S
D/O B.N. SRINIVASA MURTHY,
W/O LAKSHMI NARASIMHAIAH,
AGED ABOUT 42 YEARS,
RESIDING AT NO. 17
MIG 5TH MAIN, 1ST STAGE,
KHB COLONY,
BASAVESHWARA NAGARA,
BANGALORE - 560079.
...APPELLANTS
(BY SRI NARASIMHAIAH K, ADVOCATE)
AND:
1. SMT. VIJAYALAKSHMI
D/O LATE SHANTHA LAKSHMI
W/O LATE SATHYAKUMAR,
AGED ABOUT 52 YEARS,
RESIDING AT NO. 283,
1ST FLOOR, 4TH CROSS,
GANESHA COMPOUND,
GOKUL 1ST STAGE, 1ST PHASE,
BANGALORE - 560 054.
2. SIR. RANGANATHA K.N.
S/O LATE NARASIMHA MURTHY,
AGED ABOUT 54 YEARS,
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MFA No. 6546 of 2023
RESIDING AT NO.18
RAGHAVENDRA LAYOUT,
4TH CROSS, NEAR RAGHAVENDRA TEMPLE,
KOMMAGONDANAHALLI,
BANGALORE - 560 015.
3. SRI. K.N. KARTHIK
S/O NAGARAJU,
AGED ABOUT 30 YEARS,
RESIDING AT NO. 686,
OLD PANCHAYATHI ROAD,
YESHWANTHAPUR
BANGALORE - 560 022.
4. T.S. PRABHU
S/O LATE T.M. SUBBA RAO,
RESIDING AT WARD NO. 3,
CHOWDESHWARI BEEDHI,
THIRUMALA
MAGADI TOWN TALUK.
...RESPONDENTS
(BY SRI S.D.NARASIMHA PRASAD, ADVOCATE FOR C/R-4;
NOTICE TO R-1 TO R3 IS NOT ORDERED)
MFA FILED UNDER ORDER 43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 15.07.2023 PASSED ON IA NO.2
IN O.S.NO.1406/2022 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE AND JMFC, DEVANAHALLI, DISMISSING IA NO.2 FILED
UNDER ORDER 39 RULE 1 AND 2 R/W SEC.151 OF CPC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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MFA No. 6546 of 2023
JUDGMENT
This appeal is filed by the plaintiffs under Order 43
Rule 1(r) of CPC, challenging the order dated 15.07.2023
passed by the Prl. Senior Civil Judge & JMFC, Devanahalli
in O.S.No.1406/2022, whereby IA No.2 filed by the
plaintiffs under Order 39 Rules 1 and 2 of CPC has been
dismissed.
2. For the sake of convenience, parties are referred
to as per their ranking before the trial court.
3. The plaintiffs filed a suit for declaration and
injunction in respect of suit schedule property measuring 1
acre 11 guntas. Along with the plaint, they filed IA No.2
under Order 39 Rules 1 and 2 of CPC seeking injunction
restraining defendant No.4 from alienating, creating
charge in respect of suit schedule property in Sy.No.14/3
measuring 1 acre 11 guntas in Bommavara Village. After
service of summons, defendant No.4 appeared through
counsel. After hearing the parties, the trial court
dismissed IA No.2 filed by the plaintiffs under Order 39
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Rules 1 and 2 of CPC. Being aggrieved by the same, plaintiffs
have filed this appeal.
4. The learned counsel appearing for
respondent/defendant No.4 submits that out of 1 acre 11
guntas, defendant No.4 has already entered into sale
agreement in respect of 11 guntas.
5. Now the suit is set down for the evidence of the
parties. Under this circumstance, the only relief that can be
granted in this appeal is to restrain defendant No.4 from
alienating or creating third party interest in respect of 1 acre of
the suit schedule property.
6. Accordingly, I pass the following order:
(i) The appeal is disposed of.
(ii)* The plaintiff is restrained from interfering into
the 1 acre of the suit schedule property. The defendant
No.4 is directed not to alienate or create any third party
interest in respect of 1 acre of the suit schedule property.
(iii) In respect of 11 guntas of the suit
schedule property, which is alienated by defendant
* Inserted vide Court order dated: 17.01.2024
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No.4 is concerned, the same is subject to the result
of the suit.
(iv) The trial court is directed to dispose of the
suit as expeditiously as possible, not later than eight
months from the date of receipt of a copy of this
order.
(iv) Both the parties are directed to co-operate
for speedy disposal of the suit.
Sd/-
JUDGE
CM
