Karnataka High Court
Sri M Ananda Rao vs Sri B Ravishankar on 4 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2023:KHC:43652
MFA No. 5414 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 5414 OF 2022 (CPC)
BETWEEN:
1. SRI M ANANDA RAO
S/O LATE MUNIJI RAO
AGED ABOUT 48 YEARS
R/AT NO.P1, R.S. HOUSE
2ND CROSS, ARVIND LAYOUT
SILVER OAK STREET
J.P.NAGAR 7TH PHASE
BANGALORE-560078.
2. SMT.MEENAKSHI
W/O ANAND RAO
AGED ABOUT 36 YEARS
R/AT NO.P1, R.S. HOUSE
2ND CROSS, ARVIND LAYOUT
SILVER OAK STREET
Digitally signed J.P.NAGAR 7TH PHASE
by
DHANALAKSHMI BANGALORE-560078.
MURTHY ...APPELLANTS
Location: High
Court of (BY SRI. RADHANANDAN B S., ADVOCATE)
Karnataka
AND:
1. SRI B RAVISHANKAR
S/O BANDAIAH
AGED ABOUT 50 YEARS
R/AT NO.6-A, 10TH MAIN, 11TH CROSS
VISHWABHARATHI HOUSING COMPLEX
III PHSE, GIRINGAR
BANGALORE-560 085
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MFA No. 5414 of 2022
2. SMT.AKKAYYAMMA
W/O LATE SHAMAIAH @ DODDA SHAMAIAH
AGED ABOUT 70 YEARS
R/AT NO.278, 74TH CROSS
KUMARASWAMY LAYOUT
BANGALORE-560078.
3. SMT.KANTHAMMA
W/O NAGARAJU
D/O LATE SHAMAIAH
AGED ABOUT 47 YEARS
R/AT NO.73, KANAKANAGAR
YELACHENAHALLI EXTENSION
J.P.NAGAR, BANGALORE-560078.
4. SMT.CHANDRAMMA
W/O AVALA KONDARAYAPPA
D/O LATE SHAMAIAH
AGED ABOUT 45 YEARS
R/AT KULLUKUNTE VILLAGE
YELEGERE POST
CHIKKABALLAPURA-562 104.
5. SMT.PREMA
D/O LATE SHAMAIAH
AGED ABOUT 39 YEARS
R/AT NO.278, 74TH CROSS
KUMARASWAMY LAYOUT
BANGALORE-560078.
6. SMT CHANDRAMMA
W/O LATE SHAMAIAH
@ CHIKKA SHAMAIAH
AGED ABOUT 60 YEARS
7. SRI.M.S.PRAVEEN
S/O LATE SHAMAIAH
@ CHIKKA SHAMAIAH
AGED ABOUT 42 YEARS
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MFA No. 5414 of 2022
8. SMT.INDRANI M S
D/O LATE M.SHAMAIAH
AGED ABOUT 42 YEARS
9. SMT.M.S.BHARATHI
D/O LATE SHAMAIAH @ CHIKKA SHAMAIAH
AGED ABOUT 38 YEARS
10. SRI.M.S.SANDEEP
S/O LATE SHAMAIAH
@ CHIKKA SHAMAIAH
AGED ABOUT 35 YEARS
11. SRI.PROMODH M.S
S/O LATE SHAMAIAH @ CHIKKA SHAMAIAH
AGED ABOUT 33 YEARS
R6 TO R11 ARE RESIDING AT
PUTTENAHALLI VILLAGE
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
BANGALORE-560078.
12. SRI.K.GOVINDAGOWDA
S/O LATE E.P.VENKATAPPA
AGED ABOUT 59 YEARS
RESIDING AT NO.498/8
BEHIND SIDDALINGESHWARA TALKIES
J.P.NAGAR VI PHASE
NEAR K.R.LAYOUT
BANGALORE-560078.
13. SRI.UMESH
S/O RAMU
AGED ABOUT 49 YEARS
R/AT NO.86/A, VASANTHAPURA
BANGALORE-560062.
14. P.DHANALAKSHMI
W/O P.VENUGOPAL NAIDU
AGED ABOUT 60 YEARS
R/AT A GOLLAPALLE VILLAGE
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MFA No. 5414 of 2022
SADAKUPPAM POST
THAVANAMPALLI MANDAL
CHITTOR DISTRICT
ANDHRA PRADESH-517 620.
15. M/S. R.S.DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS
AT NO.T3, R.S.HOUSE, 2ND CROSS
ARVIND LAYOUT, SILVER OAK STREET
J.P NAGAR 7TH PHASE
BANGALORE-560078
REPRESENTED BY ITS PARTNERS
V.GIRIDHAR BABU
SMT.V.LAVANYA.
16. SRI.VENKATARAMANA
S/O LATE KRISHNAMANAIDU
AGED ABOUT 49 YEARS
R/AT NO.20, 1ST CROSS
VIVEKANANDA NAGAR
KATHRIGUPPE MAIN ROAD
BSK III STAGE, BANGALORE-560085.
17. SRI.N.S.GOPI
S/O N.SUBRAMANYAM NAIDU
AGED ABOUT 47 YEARS,
R/AT NO.70, 5TH CROSS,
SRINAGAR, ITTAMADU MAIN ROAD
BSK III STAGE, BANGALORE-560085.
18. P.C.MUNIKRISHNA
S/O CHANGAMANAIDU
AGED ABOUT 47 YEARS
R/AT NO.63, 8TH CROSS
BALAJI NAGAR, ITTAMADU
BSK III STAGE, BANGALORE-560085.
19. R.PARTHASARADHI
S/O L.RAMACHANDRA NAIDU
AGED ABOUT 47 YEARS
R/AT NO.20, 9TH CROSS
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MFA No. 5414 of 2022
BALAJI NAGAR, ITTAMADU
BSK III STAGE, BANGALORE-560085.
20. SMT.M.VIJAYA
W/O M.SURESH
AGED ABOUT 41 YEARS
R/AT NO.3430, 14TH CROSS
4TH MAIN, K.R.ROAD
SHASTI NAGAR, BSK IIII STAGE
BANGALORE-560028.
21. MALLIKARJUNA RAMINENI
S/O R.GANGUNLU NAIDU
R/AT NO.304, SHREEYA RESIDENCY
ANUGRAHA LAYOUT, B NARAYANAPURA
BANGALORE-560016.
22. SAI VENKATESHWARA DEVELOPERS
A PARTNERSHIP FIRM, HAVING ITS OFFICE
AT NO.20, GROUND FLOOR
1ST CROSS, VIVEKANANDA NAGAR
KATHRIGUPPE MAIN ROAD, BSK III STAGE
BANGALORE-560 085.
REPRESENTED BY ITS MANAGING PARTNERS
1. R.PARTHASARATHY
2. S.YUGANDHAR NAIDU
3. P.C.MUNIKRISHNA
4. D.CHANDRASHEKAR NAIDU.
23. C.R.HEMALATHA
W/O K.N.HARIKRISHNAMURTHY
MAJOR IN AGE
R/AT NO.127, SILVER OAK LAYOUT
PUTTENAHALLI J.P.NAGAR
7TH PHASE, BANGALORE-560078.
...RESPONDENTS
(NOTICE TO R1 SERVED AND UNREPRESENTED
NOTICE TO R2 TO R23 ARE DISPENSED WITH
V/O DATED: 24.02.2023)
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MFA No. 5414 of 2022
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER
DATED:05.02.2022 PASSED ON IA NO.2/2020 IN
O.S.NO.4216/2012 ON THE FILE OF THE XV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU, (CCH NO.3),
ALLOWING IA NO.2 FILED UNDER ORDER 39 RULE 1 AND 2
R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
under Order 43 Rule 1(r) of CPC, challenging the order
dated 05.02.2022 passed by the XV Additional City Civil
and Sessions Judge, Bengaluru in O.S.No.4216/2012,
whereby, IA filed by the plaintiff under Order 39 Rules 1
and 2 of CPC has been allowed.
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 declaration against
defendant Nos. 1 to 12. Later, he filed an application
under Order 1 Rule 10 of CPC seeking impleadment of
defendant Nos. 13 to 24. IA for impleading has been
allowed on 24.01.2017. Being aggrieved by the same,
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defendant Nos. 13 to 16 have filed writ petitions before
this Court in W.P.Nos.26912-26915/2017. This Court, by
order dated 17.07.2017 granted an interim order staying
the operation of the order dated 24.01.2017, for a period
of four weeks. Later, on 22.08.2017 the interim order
granted on 17.07.2017 has been extended, until further
orders. The said writ petitions have been dismissed for
default on 12.04.2019. In the meantime, IA No.3 has
been filed by the plaintiff under Order 39 Rules 1 and 2 of
CPC seeking injunction against defendant Nos. 13 to 16.
The trial court, on the basis of the order dated 17.11.2017
passed an ex-parte order allowing IA No.3 filed under
Order 39 Rules 1 and 2 restraining defendant Nos. 13 to
16 from alienating or creating third party right in respect
of suit schedule property, till the disposal of the suit.
Being aggrieved by the same, defendant Nos. 13 and 14
are before this Court.
4. Heard learned counsel for the appellants.
Respondent No.1 served and unrepresented.
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5. It is very clear from the records produced by the
appellants that they have been placed ex-parte by the trial
court on 17.11.2017. As on that day, the interim order
passed by this Court in W.P.Nos.26912-915/2017 was in
operation. Therefore, the injunction order passed against
the appellants is without giving any opportunity. Hence,
the impugned order restraining the appellants, i.e.,
defendant Nos. 13 and 14 from alienating or creating third
party right in respect of suit schedule property is
unsustainable.
6. Accordingly, I pass the following order:
(i) The appeal is allowed.
(ii) The order dated 05.02.2022 on IA
No.3 in O.S.No.4216/2012 passed by the XV
Additional City Civil and Sessions Judge,
Bengaluru is set aside only in respect of
defendant Nos. 13 and 14 are concerned.
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(iii) Liberty is reserved to the plaintiff to
file a fresh application, if necessary, in
accordance with law.
(iv) All pending applications stand
disposed of.
Sd/-
JUDGE
CM
