M/S Puravankara Project Ltd vs Sri K Ramalinga
2023 Latest Caselaw 9641 Kant

Karnataka High Court

M/S Puravankara Project Ltd vs Sri K Ramalinga on 7 December, 2023

Author: S.G.Pandit

Bench: S.G.Pandit

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                                                       NC: 2023:KHC:44299
                                                    WP No. 18395 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                           BEFORE
                             THE HON'BLE MR JUSTICE S.G.PANDIT
                          WRIT PETITION NO. 18395 OF 2023 (GM-CPC)


                   BETWEEN:

                   M/S. PURAVANKARA PROJECT LTD,
                   A COMPANY INCORPORATED UNDER
                   PROVISIONS OF COMPANIES ACT.,
                   NO. 130/1, ULSOOR ROAD,
                   BANGALORE - 560 042
                   REPRESENTED BY ITS AUTHORIZED
                   SIGNATORY MR.KEERTHI B.M
                                                        ...PETITIONER


                   (BY SRI. DHYAN CHINNAPPA, ADVOCATE FOR
                       SRI. JOSEPH ANTHONY., ADVOCATE)

Digitally signed
by PAVITHRA N
Location: high     AND:
court of
karnataka
                   1.    SRI. K. RAMALINGA
                         S/O. LATE K. KARIYAPPA,
                         AGED ABOUT 53 YEARS,
                         RESIDENT OF
                         THALAGHATTAPURA,
                         KANAKAPURA ROAD,
                         UTTARAHALLIHOBLI,
                         BANGALORE SOUTH TALUK,
                         BANGALORE - 560 062.
                             -2-
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                                  WP No. 18395 of 2023




2.   SMT. SARASWATHAMMA
     W/O. K. RAMALINGA,
     AGED ABOUT 50 YEARS,
     RESIDENT OF
     THALAGHATTAPURA,
     KANAKAPURA ROAD,
     UTTARAHALLIHOBLI,
     BANGALORE SOUTH TALUK,
     BANGALORE - 560 062.

3.   SMT. R. NETRAVATHI,
     D/O. K. RAMALINGA,
     AGED ABOUT 29 YEARS,
     RESIDENT OF
     THALAGHATTAPURA,
     KANAKAPURA ROAD,
     UTTARAHALLIHOBLI,
     BANGALORE SOUTH TALUK,
     BANGALORE - 560 062.

4.   SMT. R. PAVITHRA
     D/O. RAMALINGA,
     AGED ABOUT 27 YEARS,
     RESIDENT OF
     THALAGHATTAPURA,
     KANAKAPURA ROAD,
     UTTARAHALLIHOBLI,
     BANGALORE SOUTH TALUK,
     BANGALORE - 560 062.

5.   SMT. R ANURADHA
     D/O. LATE. L. KARIYAPPA,
     AGED ABOUT 25 YEARS,
     RESIDENT OF
     THALAGHATTAPURA,
     KANAKAPURA ROAD,
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     UTTARAHALLIHOBLI,
     BANGALORE SOUTH TALUK,
     BANGALORE - 560 062.

6.   SRI. K. LAKSHAMANA
     S/O. LATE. L. KARIYAPPA,
     AGED ABOUT 51 YEARS,
     RESIDENT OF THALAGHATTAPURA,
     KANAKAPURA ROAD,
     UTTARAHALLIHOBLI,
     BANGALORE SOUTH TALUK,
     BANGALORE - 560 062.

7.   SMT. MANJAMMA
     D/O. K. LAKSHMANA,
     AGED ABOUT 48 YEARS,
     RESIDENT OF THALAGHATTAPURA,
     KANAKAPURA ROAD,
     UTTARAHALLIHOBLI,
     BANGALORE SOUTH TALUK,
     BANGALORE - 560 062.

8.   SMT. L MEENAKSHAMMA
     D/O K. LAKSHMAN,
     AGED ABOUT 26 YEARS,
     RESIDENT OF THALAGHATTAPURA,
     KANAKAPURA ROAD,
     UTTARAHALLIHOBLI,
     BANGALORE SOUTH TALUK,
     BANGALORE - 560 062.

9.   SRI.L. AVINASH
     S/O. K. LAKSHMAN,
     AGED ABOUT 25 YEARS,
     RESIDENT OF THALAGHATTAPURA,
     KANAKAPURA ROAD,
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    UTTARAHALLIHOBLI,
    BANGALORE SOUTH TALUK,
    BANGALORE - 560 062.

10. SMT. K. ANITHA
    D/O. LATE KARIYAPPA,
    AGED ABOUT 47 YEARS,
    R/A NO. 141, 2ND CROSS,
    J C NAGAR,
    BASAWESHWARA NAGAR,
    BANGALORE - 560 079.

11. SMT. MUNIYAMMA
    W/O. LATE KARIYAPPA,
    AGED ABOUT 70 YEARS,
    THALAGHATTAPURA,
    KANAKAPURA ROAD,
    UTTARAHALLI HOBLI,
    BANGALORE SOUTH TALUK,
    BANGALORE - 560 062.

12. SRI. K. HANUMANTHARAYAPPA
    S/O. LATE KARIYAPPA,
    AGED ABOUT 43 YEARS,
    THALAGHATTAPURA,
    KANAKAPURA ROAD,
    UTTARAHALLI HOBLI,
    BANGALORE SOUTH TALUK,
    BANGALORE - 560 062

13. SRI.K. VAJRAPPA
    S/O. LATE KARIYAPPA,
    AGED ABOUT 47 YEARS,
    THALAGHATTAPURA,
    KANAKAPURA ROAD,
    UTTARAHALLI HOBLI,
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    BANGALORE SOUTH TALUK,
    BANGALORE - 560 062

14. SRI. SIDDAPPA
    S/O LATE LINGEGOWDA,
    AGED ABOUT 75 YEARS,
    THALAGHATTAPURA,
    KANAKAPURA ROAD,
    UTTARAHALLI HOBLI,
    BANGALORE SOUTH TALUK,
    BANGALORE - 560 062

15. SRI. CHIKKAVAJRAPPA
    S/O LATE LINGEGOWDA,
    AGED ABOUT 73 YEARS,
    THALAGHATTAPURA,
    KANAKAPURA ROAD,
    UTTARAHALLI HOBLI,
    BANGALORE SOUTH TALUK,
    BANGALORE - 560 062

16. SRI. KRISHNAPPA
    S/O LATE LINGEGOWDA,
    AGED ABOUT 68 YEARS,
    THALAGHATTAPURA,
    KANAKAPURA ROAD,
    UTTARAHALLI HOBLI,
    BANGALORE SOUTH TALUK,
    BANGALORE - 560 062

17. SRI. LAKSHMAN
    S/O CHIKKANNA,
    AGED ABOUT 56 YEARS,
    R/AT NO. 548, 4TH MAIN,
    MAHALAKSHMIPURAM
    BANGALORE - 560 086.
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18. SRI.K.M. MANJUNATH
    S/O B.C. MOGANNA,
    AGED ABOUT 53 YEARS,
    R/A NO. 25, 6TH MAIN ROAD,
    VYALIKAVAL EXTENSION,
    BANGALORE- 560 002.
                                       ...RESPONDENTS
(BY SRI. VASU. K, ADVOCATE FOR R10;
    R1 TO R9 AND R11 TO R18 - NOTICE DISPENSED
    WITH VIDE ORDER DATED 28/11/2023.)



       THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE

ORDER DTD 15.02.2021 PASSED BY THE HONBLE IV ADDL

SENIOR CIVIL JUDGE BANGALORE RURAL BANGALORE ON

IANO. 2 DTD 15.02.2021 IN OS 601/2012 IN AS MUCH AS THE

PARTIES HAVE BEEN DIRECTED TO TEMPORARILY RESTRAINED

FROM    PUTTING   UP   FURTHER    CONSTRUCTION     IN   THE

SCHEDULE     PROPERTY (ANNX-A) AND CONSEQUENTLY SET

ASIDE THE ORDER DTD 07.06.2023 PASSED BY THE HONBLE

IX ADDL DIST AND SESSION JUDGE IN MA NO. 59/2021

(ANNX-A) ETC.


       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:
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                                        WP No. 18395 of 2023




                              ORDER

The petitioner, defendant No.18 in O.S.No.601/2012

on the file of IV Additional Senior Civil Judge, Bengaluru

Rural District, is before this Court aggrieved by order

dated 15.02.2021 passed on I.A.No.2 filed under Order

XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908

(for short 'CPC') and order dated 07.06.2023 in

M.A.No.59/2021 on the file of IX Additional District and

Sessions Judge, Bengaluru Rural District, Bengaluru.

2. Heard Sri. Dhyan Chinnappa, learned Senior

Counsel for Sri. Joseph Anthony, learned counsel for the

petitioner and Sri. Vasu.K, learned counsel for respondent

No.10. Perused the writ petition papers.

3. Learned counsel for the petitioner would submit

that the plaintiffs' suit is one for partition. Respondent

No.10-plaintiff filed application under Order XXXIX Rules 1

and 2 of CPC on 03.02.2021 praying for an order of

temporary injunction. Learned counsel further submits

that on 15.02.2021, the trial Court passed order even

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before the petitioner filed objections, pending

consideration of I.A., temporarily restraining defendant

Nos.17 to 19 from putting up further construction on the

suit schedule property. Against which, the petitioner filed

M.A.No.59/2021. Learned Senior Counsel submits that the

Appellate Court under judgment dated 07.06.2023

rejected the appeal as not maintainable since order under

challenge i.e., 15.02.2021 in O.S.No.601/2012 is not order

on I.A. after hearing the parties and I.A. is not

disposed of.

4. Learned Senior Counsel would further submit

that the interim order granted by Appellate Court was

operating in favour of the petitioner from 29.06.2021 till

the judgment dated 07.06.2023 and submits that while

reserving liberty to the petitioner to approach the trial

Court, the Appellate Court ought to have continued the

interim order granted by the Appellate Court.

5. Per contra, learned counsel for respondent

No.10 would support the order passed by the Appellate

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Court. Further, he submits that no appeal is maintainable

against the order dated 15.02.2021 since I.A. filed under

XXXIX Rules 1 and 2 of CPC is not disposed of. Thus, he

prays for dismissal of the writ petition. However, he

submits that suit is set down for plaintiffs' evidence by

29.01.2024.

6. The suit is of the year 2012. The application

under XXXIX Rules 1 and 2 of CPC was filed in February,

2021. Without providing an opportunity to the petitioner

to file objections and without hearing the petitioner, the

trial Court could not have proceeded to pass order of

temporary injunction, pending consideration of I.A. Even

otherwise immediately thereafter, the trial Court ought to

have heard I.A. and passed orders on I.A. filed under

Order XXXIX Rules 1 and 2 of CPC. The procedure followed

by the trial Court is not proper. The petitioner herein had

the benefit of interim order of stay of order dated

15.02.2021 during the pendency of Miscellaneous Appeal.

Hence, the following:

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ORDER

(i) The petitioner is granted 30 days time from today to file objection to I.A. under Order XXXIX Rules 1 and 2 of CPC.

(ii) The trial Court is directed to hear I.A. filed on 03.02.2021 under Order XXXIX Rules 1 and 2 of CPC and pass appropriate orders in accordance with law.

(iii) Order dated 15.02.2021 in O.S.No.601/2012 on the file of IV Additional Senior Civil Judge, Bengaluru Rural District, is kept in abeyance till orders are passed on I.A. filed under Order XXXIX Rules 1 and 2 of CPC.

(iv) The trial Court shall not be influenced by the order pass by this Court and shall consider the above stated application on merits.

(v) With the above, writ petition stands disposed off.

Sd/-

JUDGE

SMJ