Sri. G Mohan vs Sri. Poojappa
2023 Latest Caselaw 9361 Kant

Citation : 2023 Latest Caselaw 9361 Kant
Judgement Date : 5 December, 2023

Karnataka High Court

Sri. G Mohan vs Sri. Poojappa on 5 December, 2023

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                             -1-
                                                       NC: 2023:KHC:43871
                                                     MFA No. 1142 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF DECEMBER, 2023

                                            BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 1142 OF 2020 (CPC)


                   BETWEEN:

                   1.    SRI. G MOHAN
                         S/O LATE GANGARAM
                         SINCE DEAD BY LRS.
                         SMT VIDYA BAI
                         W/O LATE G MOHAN
                         AGED ABOUT 65 YEARS
                         R/AT NO.13/17
                         KANDASWAMY MADALIYAR ROAD
                         RICHARD'S TOWN
                         BANGALORE-560005

                   2.    SRI. M VIJAY KUMAR
                         S/O LATE G MOHAN
                         AGED ABOUT 46 YEARS
Digitally signed         R/AT NO.13/17
by                       KANDASWAMY MADALIYAR ROAD
DHANALAKSHMI
MURTHY                   RICHARDS TOWN
Location: High           BANGALORE-560005.
Court of
Karnataka
                   3.    SRI.M SANTHOSH ANAND
                         S/O LATE G MOHAN
                         AGED ABOUT 45 YEARS
                         R/AT NO.13/17
                         KANDASWAMY MADALIYAR ROAD
                         RICHARDS TOWN
                         BANGALORE-560005.

                   4.    SMT. M VANDHANA
                         D/O LATE G MOHAN
                         W/O ASHWIN KUMAR
                             -2-
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                                  MFA No. 1142 of 2020




     AGED ABOUT 45 YEARS
     R/AT NO.22, 1ST MAIN
     1ST STAGE, 1ST CROSS
     SAGAYAPURAM
     ST.THOMAS TOWN POST
     PILLANNA GARDEN
     BANGALORE-560084.

5.   SRI. M RAKESH ANAD
     S/O LATE G MOHAN
     AGED ABOUT 42 YEARS
     R/AT NO.13/17
     KANDASWAMY MADALIYAR ROAD
     RICHARDS TOWN
     BANGALORE-560005.

6.   SMT DEVIKA M
     D/O LATE G MOHAN
     W/O SUNIL KUMAR
     AGED ABOUT 41 YEARS
     R/AT NO.105, BASAPPA LANE
     B.S.A.TANNERY ROAD
     PULIKESHINAGAR
     BANGALORE-560005.

7.   SRI M SAGAR ANAND
     S/O LATE G MOHAN
     AGED ABOUT 38 YEARS
     R/AT NO.13/17
     KANDASWAMY MADALIYAR ROAD
     RICHARDS TOWN
     BANGALORE-560005
                                         ...APPELLANTS
(BY SRI. P B RAJU.,ADVOCATE)

AND:

1.   SRI. POOJAPPA
     S/O LATE MUNIYAPPA
     AGED ABOUT 41 YEARS
                                -3-
                                              NC: 2023:KHC:43871
                                           MFA No. 1142 of 2020




2.   SMT MUNIRATHNA
     W/O POOJAPPA
     AGED ABOUT 38 YEARS
     BOTH ARE R/AT NO.202, 1ST FLOOR
     ST.PHILOMENAS HOSPITAL ROAD
     NAGAWARA
     BANGALORE-560045
                                                 ...RESPONDENTS


(BY SRI. L.SUBRAMANI.,ADVOCATE &
    SRI. ANJANEYA REDDY, ADVOCATE FOR R1 & R2)


     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 08.02.2019 PASSED ON IA NO.5
IN O.S.NO.6853/2013 ON THE FILE OF THE V ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-13),
REJECTING IA NO.5 FILED UNDER ORDER 39 RULES 1 AND 2
OF CPC.

     THIS APPEAL, COMING ON FOR, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:


                         JUDGMENT

1. This appeal under Order XLIII Rule 1 (r) of the CPC

has been filed by the plaintiffs challenging the order dated

08.02.2019 passed by the V Additional City Civil and

Sessions Judge, Bengaluru in O.S.No.6853/2013 on

I.A.No.V filed by the plaintiffs under Order XXXIX Rule 1

and 2 of CPC, whereby the trial Court has rejected the said

application filed by the plaintiffs.

NC: 2023:KHC:43871

2. For the sake of the convenience, the parties are

referred to as per their ranking before the Trial Court.

3. The plaintiffs have filed a suit for declaration and

injunction. During the pendency of the suit, they have

filed I.A.No.V under Order XXXIX Rule 1 and 2 of CPC

seeking an ad-interim ex-parte order of temporary

injunction restraining the defendants, or their agents, or

anybody claming through them from alienating the suit

schedule property either by way of sale or mortgage or

gift or any mode of transfer in favour of third parties,

pending disposal of the suit. The trial Court by impugned

order dated 08.02.2019 has rejected the application filed

by the plaintiffs. Being aggrieved by the same, the

plaintiffs are before this Court in this appeal.

4. The impugned order dated 08.02.2019 passed by the

trial Court in O.S.No.6853/2013 on I.A.No.V is in operation

till today. During the pendency of this appeal, the plaintiffs

have not obtained any interim order in this appeal.

NC: 2023:KHC:43871

5. 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.

6. Accordingly, I pass the following order:

ORDER

a) The appeal is disposed of.

b) The trial Court is directed to dispose of the

suit as expeditiously as possible but not later

than eight months from the date of receipt of

certified copy of this order.