Sri Mohan Raj vs Honnuramma
2023 Latest Caselaw 559 Kant

                                        -1-
                                                  MFA No. 233 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 9TH DAY OF JANUARY, 2023

                                      BEFORE
                   THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
               MISCELLANEOUS FIRST APPEAL NO. 233 OF 2023 (CPC)



              BETWEEN:

              1.    SRI MOHAN RAJ
                    S/O LATE P KULLAYAPPAA
                    AGED 50 YEARS
                    RA/T NO 6, 1ST CROSS
                    MARAPPA GARDEN JAYAMAHAL
                    J C NAGAR, BENGALURU 560006
              2.    SMT K SARASWATHI
                    D/O LATE P KULLAYAPPA
                    AGED 42 YEARS
                    R/O NO 23, 12TH CROSS
                    2ND MAIN, S R NAGAR
                    WILSON GARDEN
                    BENGALURU 560027.
                                                      ...APPELLANTS

Digitally signed (BY SRI. PAVAN KUMAR G., ADVOCATE)
by
DHANALAKSHMI
MURTHY           AND:
Location: High
Court of         1. HONNURAMMA
Karnataka
                    W/O LATE P KULLAYAPPAA
                    AGED 65 YEARS
                    R/O NO 6, 1ST CROSS
                    MARAPAP THOTA, J C NAGAR
                    BENGALURU-560006.
                          -2-
                                    MFA No. 233 of 2023




2.   SMT JAYALAKSHMI
     D/O LT P KULLAYAPPA
     AGED 48 YEARS
     R/O OLD NO 10
     NEW NO 16, 17TH CROSS
     THIMMIAH GARDEN
     R T NAGAR POST
     BANGALORE 560032.
3.   SRINIVAS
     S/O LT P KULLAYAPPA
     AGED ABOUT 44 YEARS
     R/O NO 5, M R PALYA
     J C NAGAR, BENGALURU-560006.
                                      ...RESPONDENTS

(BY SRI.N.THIMMEGOWDA., ADVOCATE FOR C/R1 TO R3)

      THIS MFA IS FILED UNDER OORDER.43 RULE 1(r) OF

CPC, AGAINST THE ORDER DATED: 02.11.2022 PASSED

ON IA NO.1 AND 2 IN O.S.NO.5079/2022 ON THE FILE OF

THE XXXIX ADDITIONAL CITY CIVIL JUDGE, (CCH-40),

BENGALURU CITY, DISMISSING IA NO.1 FILED U/O.39

RULE 1 AND 2 R/W SEC.151 OF CPC, ALLOWING IA NO.2

FILED U/O.39 RULE 4 OF CPC, 1908.


      THIS APPEAL, COMING ON FOR ADMISSION, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:
                                 -3-
                                          MFA No. 233 of 2023




                          JUDGMENT

This appeal under Order 43 Rule 1(r) of the CPC is filed

by the plaintiffs in O.S.No.5079/2022 before the XXXIX Addl.

City Civil Judge, Bangalore, challenging the order dated

2.11.2022 passed on I.A.No.I and I.A.No.II filed under Order

39 Rules 1 and 2 read with Section 151 of CPC, whereby the

Trial Court has dismissed I.A.No.1 filed by the plaintiffs and

allowed I.A.No.II filed by the defendants and exparte order

of temporary injunction dated 4.8.2022 has been vacated.

2. For the sake of convenience, the parties are

referred to as per their ranking before the Trial Court.

3. The plaintiffs have filed the suit in

O.S.No.5079/2022 before the Trial Court for partition and

separate possession. Along with the suit, they had also filed

I.A.No.1 under Order 39 Rules 1 and 2 read with Section 151

of CPC seeking for grant of an order of temporary injunction

against the respondents/defendants restraining them from

alienating the suit schedule property. The Trial Court had

granted exparte interim order on 4.8.2022. After appearance

MFA No. 233 of 2023

of defendants, the defendants have filed I.A.No.II for

vacating the exparte interim order. After hearing the parties,

the Trial Court by order dated 2.11.2022 dismissed I.A.No.1

filed by the plaintiffs and allowed I.A.No.II filed by the

defendants and exparte order of temporary injunction dated

4.8.2022 was vacated. Being aggrieved by the same, the

plaintiffs have filed this appeal.

4. At this juncture, the learned counsel for

respondents submitted that respondents/defendants will not

alienate item Nos.1, 2 and 3 of the suit schedule properties

and will not withdraw any amount in respect of item No.5 of

the suit schedule properties, till the disposal of the suit.

5. In view of the above submission and in the facts

and circumstances of the case, the order dated 2.11.2022

passed by the Trial Court deserves to be modified.

6. Accordingly, the order dated 2.11.2022 passed by

the Trial Court is modified to the effect that the respondents-

defendants are directed not to alienate item Nos.1, 2 and 3

MFA No. 233 of 2023

of the suit schedule properties and not to withdraw any

amount in respect of item No.5 of the suit schedule

properties, till the disposal of the suit.

Since issues are framed by the Trial Court and the

matter is posted for evidence, the Trial Court is directed to

dispose of the suit as expeditiously as possible, not later

than 12 months from the date of receipt of copy of this

order.

Parties are directed to co-operate for the disposal of

the suit.

With the above observation, the appeal is disposed of.

In view of disposal of appeal, all pending I.As. are

dismissed accordingly.

Sd/-

JUDGE DM