Karnataka High Court
Smt. Champa Reddy vs Smt. Priya Krishnamurthy on 20 February, 2023
Bench: H T Prasad
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MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 9091 OF 2017(CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 9090 OF 2017(CPC)
IN MFA 9091/2017
BETWEEN:
SMT. CHAMPA REDDY
W/O. SRI. NARENDRABABU
AGED ABOUT 51 YEARS
RESIDING AT NO.9
1ST AVENUE, 1ST MAIN
SHUBHA ENCLAVE, HARALUR ROAD
BANGALORE-560 102. ...APPELLANT
(BY SRI. ANIL KUMAR R., ADVOCATE)
AND:
Digitally
signed by C 1. SMT. PRIYA KRISHNAMURTHY
MALATHI W/O. SRI. VASU KRISHNAMURTHY
AGED ABOUT 45 YEARS
Location:
High Court 2. SRI. PAVAN
of Karnataka S/O. SRI. NAGAPPA GOWDA
AGED ABOUT 43 YEARS
3. SRI. PRAKASH
S/O. SRI. CHIKKAHAIDEGOWDA
AGED ABOUT 49 YEARS
4. SRI. HARISH
S/O. SRI. RAMAKRISHNA
AGED ABOUT 42 YEARS.
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MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
5. SRI. MANJUNATH
S/O. SRI. RAMAKRISHNA
AGED ABOUT 42 YEARS
R1 TO R5 ARE R/AT NO.32
10TH "C" MAIN, 1ST BLOCK
JAYANAGAR, BENGALURU-560 011.
6. SRI. PRASHANTH KUMAR
S/O. LATE SRI. N. KRISHNA
AGED ABOUT 34 YEARS
R/AT NO.20, RAVIKIRAN APARTMENTS
6TH CROSS, HARAKE ANJANEYA TEMPLE ROAD
BALAJINAGARA, BANASHANKARI
BENGALURU-560 085.
7. SRI. VADIRAJA KAUSHIK
S/O. SRI. K. R. BADARINATH
AGED ABOUT 48 YEARS
R/AT NO.669, 4TH CROSS
K.G. LAYOUT, BSK III BLOCK
III PHASE, BENGALURU-560 085.
8. M/S THE S.J.R. CHIT FUNDS PRIVATE LTD.,
REP. BY ITS PROPRIETOR
SMT. CHAMPAKA NARENDRA
W/O. SRI. NARENDRA BABU
AGED ABOUT 44 YEARS
R/AT NO.9, 1ST AVENUE
I MAIN, SHUBH ENCLAVE
HARALUR ROAD, BENGALURU-560 102.
9. SRI. NARENDRA BABU
S/O. B. H. MUNI REDDY
AGED ABOUT 52 YEARS
R/AT NO.9, 1ST AVENUE
I MAIN, SHUBH ENCLAVE
HARALUR ROAD
BENGALURU-560 102.
10. KUM. BRAHMINI REDDY
D/O. SRI. NARENDRA BABU
AGED ABOUT 25 YEARS
R/AT NO.9, 1ST AVENUE
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MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
I MAIN, SHUBH ENCLAVE
HARALUR ROAD
BENGALURU-560 102.
11. KUM. TEJASWINI REDDY
D/O. SRI. NARENDRA BABU
AGED ABOUT 20 YEARS
R/AT NO.9, 1ST AVENUE
I MAIN, SHUBH ENCLAVE
HARALUR ROAD
BENGALURU-560 102.
12. M/S INFOSYS LTD.,
HAVING THEIR REGISTERED OFFICE AT
NO.27, S.J.R. TOWERS
BANNERGHATTA MAIN ROAD
III PHASE, J. P. NAGAR
BENGALURU-560 095
REP. BY ITS CHAIRMAN &
MANAGING DIRECTOR.
13. THE BRANCH MANAGER
AXIS BANK LIMITED.,
ASSET SALES CENTRE
2ND, 3RD AND 4TH FLOOR
NO.8, SONA TOWER
32ND "E" CROSS, 4TH BLOCK
OPP: SANJAY GANDHI HOSPITAL
BENGALURU-560 041. ...RESPONDENTS
(NOTICE TO R8 TO R13 IS DISPENSED WITH
V/O DATED: 02.01.2018:
NOTICE TO R7 IS SERVED AND UNRPRESENTED
NOTICE TO R1 TO R6 ARE HELD SUFFICIENT
V/O DATED: 30.01.2018)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATED 13.11.2017 PASSED ON
I.A.NO.13 IN O.S.NO.25828/2017 ON THE FILE OF THE XXVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL
MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
BENGALURU (CCH-20), REJECTING THE I.A.NO.13 FILED
UNDER ORDER XXXIX RULE 4 R/W SECTION 151 OF THE CPC.
IN MFA 9090/2017
BETWEEN:
SMT. CHAMPA REDDY
W/O. SRI. NARENDRABABU
AGED ABOUT 51 YEARS
RESIDING AT NO.9
1ST AVENUE, 1ST MAIN
SHUBHA ENCLAVE, HARALUR ROAD
BANGALORE-560 102. ...APPELLANT
(BY SRI. ANIL KUMAR R., ADVOCATE)
AND:
1. SMT. PRIYA KRISHNAMURTHY
W/O. SRI. VASU KRISHNAMURTHY
AGED ABOUT 45 YEARS
2. SRI. PAVAN
S/O. SRI. NAGAPPA GOWDA
AGED ABOUT 43 YEARS
3. SRI. PRAKASH
S/O. SRI. CHIKKAHAIDEGOWDA
AGED ABOUT 49 YEARS
4. SRI. HARISH
S/O. SRI. RAMAKRISHNA
AGED ABOUT 42 YEARS.
5. SRI. MANJUNATH
S/O. SRI. RAMAKRISHNA
AGED ABOUT 42 YEARS
R1 TO R5 ARE R/AT NO.32
10TH "C" MAIN, 1ST BLOCK
JAYANAGAR, BENGALURU-560 011.
MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
6. SRI. PRASHANTH KUMAR
S/O. LATE SRI. N. KRISHNA
AGED ABOUT 34 YEARS
R/AT NO.20, RAVIKIRAN APARTMENTS
6TH CROSS, HARAKE ANJANEYA TEMPLE ROAD
BALAJINAGARA, BANASHANKARI
BENGALURU-560 085.
7. SRI. VADIRAJA KAUSHIK
S/O. SRI. K. R. BADARINATH
AGED ABOUT 48 YEARS
R/AT NO.669, 4TH CROSS
K.G. LAYOUT, BSK III BLOCK
III PHASE, BENGALURU-560 085.
8. M/S THE S.J.R. CHIT FUNDS PRIVATE LTD.,
REP. BY ITS PROPRIETOR
SMT. CHAMPAKA NARENDRA
W/O. SRI. NARENDRA BABU
AGED ABOUT 44 YEARS
R/AT NO.9, 1ST AVENUE
I MAIN, SHUBH ENCLAVE
HARALUR ROAD, BENGALURU-560 102.
9. SRI. NARENDRA BABU
S/O. B. H. MUNI REDDY
AGED ABOUT 52 YEARS
R/AT NO.9, 1ST AVENUE
I MAIN, SHUBH ENCLAVE
HARALUR ROAD
BENGALURU-560 102.
10. KUM. BRAHMINI REDDY
D/O. SRI. NARENDRA BABU
AGED ABOUT 25 YEARS
R/AT NO.9, 1ST AVENUE
I MAIN, SHUBH ENCLAVE
HARALUR ROAD
BENGALURU-560 102.
11. KUM. TEJASWINI REDDY
D/O. SRI. NARENDRA BABU
MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
AGED ABOUT 20 YEARS
R/AT NO.9, 1ST AVENUE
I MAIN, SHUBH ENCLAVE
HARALUR ROAD
BENGALURU-560 102.
12. M/S INFOSYS LTD.,
HAVING THEIR REGISTERED OFFICE AT
NO.27, S.J.R. TOWERS
BANNERGHATTA MAIN ROAD
III PHASE, J. P. NAGAR
BENGALURU-560 095
REP. BY ITS CHAIRMAN &
MANAGING DIRECTOR.
13. THE BRANCH MANAGER
AXIS BANK LIMITED.,
ASSET SALES CENTRE
2ND, 3RD AND 4TH FLOOR
NO.8, SONA TOWER
32ND "E" CROSS, 4TH BLOCK
OPP: SANJAY GANDHI HOSPITAL
BENGALURU-560 041. ...RESPONDENTS
(NOTICE TO R8 TO R13 IS DISPENSED WITH VIDE
ORDER DATED 02.01.2018:NOTICE TO R6 & R7
ARE SERVED AND UNRPRESENTED:
NOTICE TO R1 TO R5 ARE HELD SUFFICIENT
V/O DATED: 31.01.2018)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE
CPC, AGAINST THE ORDER DATED 13.11.2017 PASSED ON
I.A.NOs.11 & 12 IN O.S.NO.25828/2017 ON THE FILE OF THE
XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT MAYO
HALL BENGALURU (CCH-20), REJECTING THE I.A.NO.11 TO 12
FILED UNDER ORDER XXXIX RULE 4 R/W SECTION 151 OF THE
CPC.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
JUDGMENT
These appeals are filed under Order 43 Rule 1 of the
Civil Procedure Code challenging the order dated
13.11.2017 passed on IA Nos.11 to 13 in
O.S.No.25828/2017, whereby IAs. filed by the appellant
herein are rejected.
2. For the sake of convenience, the parties are
referred to as per their rankings before the trial court.
3. The brief facts of the case are that the plaintiffs
have filed a suit for injunction. Along with the plaint,
plaintiffs have filed IA Nos. 1, 2 and 4 under Order 39
Rules 1 and 2 of CPC and also under Order 39 Rule 4 of
CPC, seeking ad-interim order. The trial court has granted
ex-parte interim orders on 19.07.2017 and 25.07.2017.
On service of summons, appellant herein filed an
impleading application and impleaded herself as defendant
No.7 and filed IA Nos. 11 to 13 under Order 39 Rule 4 of
CPC for vacating the ex-parte interim order. After hearing
the parties, the trial court has rejected the applications
MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
filed by defendant No.7. Being aggrieved by the same,
defendant No.7 has filed these appeals.
4. Heard the learned counsel for the appellant.
Respondents though served have remained
unrepresented.
5. This Court, on 02.01.2018 issued notice to the
respondents. Inspite of service of notice, respondents
have not appeared. This Court, by order dated
05.02.2018, admitted the appeals and granted the interim
order. The respondents neither appeared nor filed an
application for vacating the interim order. Under these
circumstances, this Court is of the opinion that these
appeals can be disposed of, continuing the interim order
passed by this Court, till the disposal of the suit.
6. Accordingly, the appeals are disposed of. The
interim order granted on 05.02.2018 is continued till the
disposal of the suit. The trial court is directed to decide the
suit on merits, in accordance with law, without being
MFA No. 9091 of 2017
C/W MFA No. 9090 of 2017
influenced by the observations made in the impugned
order dated 13.11.2017.
Sd/-
JUDGE
CM
