Karnataka High Court
B L Billegowda vs Sri Ranganatha on 16 January, 2023
Bench: H T Prasad
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 485 OF 2022 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 487 OF 2022(CPC)
IN MFA485/2022
BETWEEN:
1. B L BILLEGOWDA
S/O LATE B LAKKEGOWDA
SINCE DEAD BY HIS LR'S.
1(a) SMT. MAHALAKSHMAMMA
W/O LATE B.L. BILLEGOWDA
AGED ABOUT 68 YEARS.
1(b) SRI. B.B.MANJUNATHA
S/O LATE B.L. AILLEGOWDA
Digitally signed AGED ABOUT 46 YERS
by
DHANALAKSHMI 1(c) SRI B GIRISH
MURTHY
S/O LATE B.L. BILLEGOWDA
Location: High
Court of AGED ABOUT 44 YEARS
Karnataka
1(d) SMT ANNAPURNA
W/O SRI SUNDRESH
D/O LATE B.L. BILLEGOWDA
AGED BOUT 42 YEARS
1(e) SRI. B.B. HARISH
S/O LATE B.L. BILLGOWDA
AGED ABOUT 40 YEARS
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
ALL ARE RESIDIENT OF
KARNATAKA STREET KOTE
BELURU TOWN
HASSAN DISTRICT.
2. SRI B L DHARMEGOWDA
S/O LATE B LAKKEGOWDA
AGED ABOUT 59 YEARS
RESIDENT OF KANAKADASA ROAD
BELUR TOWN, BELUR.
3. SRI B L NINGEGOWDA
S/O LATE B LAKKEGOWDA
AGED ABOUT 64 YEARS
RESIDENT OF KANAKADASA ROAD
BELUR TOWN, BELUR.
4. SMT B L VENKATALASKHAMMA
W/O K H SATYAGOWDA
AGED ABOUT 62 YEARS
RESIDENT OF RATNAGIRI ROAD
KEMPANAHALLI CHIKKAMAGALURU
TALUK AND DISTRICT.
5. SMT YASHODHA
W/O C M MULLEGOWDA
AGED ABOUT 57 YEARS
RESIDENT OF OPP POLICE STATION
NEHRU NAGARA
BELUR TOWN, BELUR TALUK
HASSAN DISTRICT.
6. SMT B LBHANUMATHI
W/O MARIGOWDA
AGED ABOUT 56 YEARS
RESIDENT OF SWARNAMBA CLINIC
KADURU TALUK
CHIKKAMAGALURU DISTRICT.
...APPELLANTS
(BY SRI. NAIK N R.,ADVOCATE)
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
AND:
1. SRI RANGANATHA
S/O LATE B LAKKEGOWDA
AGED ABOUT 64 YEARS
RESIDENT OF SHANKARADEVARA PETE
BELUR TOWN, BELUR TALUK
HASSAN DISTRICT.
2. SRI B L GOPALA
S/O LATE B LAKKEGOWDA
AGED ABOUT 64 YEARS
ASST ENGINEER
HUDA NEAR GURU THEATRE HASSAN
3. SRI B L BALAKRISHNA
S/O LATE B LAKKEGOWDA
AGED ABOUT 73 YEARS
RESIDENT OF AMBEDKAR CIRCLE
BELUR TOWN
BELUR.
4. SRI B L MANJEGOWDA
SINCE DECEASED BY LRS
SRI B M RAGHAVENDRA
S/O LATE B L MANJEGOWDA
AGED ABOUT 40 YEARS
RESIDENT OF MANJEGOWDA COMPLEX
KANAKADASA ROAD, BELUR.
5. SMT B M PALLAVI
D/O LATE B L MANJEGOWDA
AGED ABOUT 36 YEARS
RESIDENT OF KANAKADASA ROAD
BELUR TOWN
BELUR.
6. SMT B C MOHANAKUMARI
W/O LATE B L MANJEGOWDA
AGED ABOUT 56 YEARS
RESIDENT OF KANAKADASA ROAD
BELUR TOWN, BELUR.
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
7. SMT B L THIMMAMMA
W/O NINGAPPA
D/O LATE LAKKEGOWDA
SINCE DECEASED BY LRS
SRI B H NINGAPPA
H/O LATE B L THIMMAMMA
AGED ABOUT 80 YEARS
8. SRI B N MANJUNATHA
S/O LATE B L THIMMAMMA
AGED ABOUT 60 YEARS
9. SRI B N RAMEGOWDA
S/O LATE B L THIMMAMMA
AGED ABOUT 56 YEARS
10. SRI B L LAXMANA
S/O LATE B L THIMMAMMA
AGED ABOUT 56 YEARS
11. SRI B N DEVARAJA
S/O LATE B L THIMMAMMA
AGED ABOUT 54 YEARS.
12. SRI B N PRAKASHA
S/O LATE B L THIMMAMMA
AGED ABOUT 50 YEARS
R7 TO 12 ARE RESIDENT OF
KANAKADASA ROAD
BELUR TOWN, BELUR.
...RESPONDENTS
(BY SRI. SANCHAN JAI NANDAN., ADVOCATE FOR R1 TO R3
SRI. KRISHNAMOORTHY D., ADVOCATE FOR R8 TO R12(LR'S
OR DEACESED OF R7, NOTICE TO R4, R6 IS SERVED
BUT UNREPRESENTED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 17.11.2021 PASSED ON I.A.
NO.1 IN EXECUTION PETITION.NO. 10/2021 ON THE FILE OF
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
THE SENIOR CIVIL JUDGE AND JMFC AT BELUR, HASSAN,
DISPOSING OFF I.A.NO.1 FILED UNDER ORDER XXXIX RULE 1
AND 2 OF CPC.
IN MFA487/2022
BETWEEN:
1. B L BILLEGOWDA
S/O LATE B LAKKEGOWDA
SINCE DEAD BY HIS LR'S.
1(a) SMT. MAHALAKSHMAMMA
W/O LATE B.L. BILLEGOWDA
AGED ABOUT 68 YEARS.
1(b) SRI. B.B.MANJUNATHA
S/O LATE B.L. AILLEGOWDA
AGED ABOUT 46 YERS
1(c) SRI B GIRISH
S/O LATE B.L. BILLEGOWDA
AGED ABOUT 44 YEARS
1(d) SMT ANNAPURNA
W/O SRI SUNDRESH
D/O LATE B.L. BILLEGOWDA
AGED BOUT 42 YEARS
1(e) SRI. B.B. HARISH
S/O LATE B.L. BILLGOWDA
AGED ABOUT 40 YEARS
ALL ARE RESIDIENT OF
KARNATAKA STREET KOTE
BELURU TOWN
HASSAN DISTRICT.
2. SRI B L DHARMEGOWDA
S/O LATE B LAKKEGOWDA
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
AGED ABOUT 59 YEARS
RESIDENT OF KANAKADASA ROAD
BELUR TOWN, BELUR.
3. SRI B L NINGEGOWDA
S/O LATE B LAKKEGOWDA
AGED ABOUT 64 YEARS
RESIDENT OF KANAKADASA ROAD
BELUR TOWN, BELUR.
4. SMT B L VENKATALASKHAMMA
W/O K H SATYAGOWDA
AGED ABOUT 62 YEARS
RESIDENT OF RATNAGIRI ROAD
KEMPANAHALLI CHIKKAMAGALURU
TALUK AND DISTRICT.
5. SMT YASHODHA
W/O C M MULLEGOWDA
AGED ABOUT 57 YEARS
RESIDENT OF OPP POLICE STATION
NEHRU NAGARA
BELUR TOWN, BELUR TALUK
HASSAN DISTRICT.
6. SMT B L BHANUMATHI
W/O MARIGOWDA
AGED ABOUT 56 YEARS
RESIDENT OF SWARNAMBA CLINIC
KADURU TALUK
CHIKKAMAGALURU DISTRICT.
...APPELLANTS
(BY SRI. NAIK N R.,ADVOCATE)
AND:
1. SRI. B.L. BALAKRISHNA
S/O LATE B. LAKKEGOWDA
AGED BOUT 73 YEARS
RESIDINT OF AMBEDKAR CIRCLE
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
BELUR TOWN, BELUR TALUK
HASSAN DISTRICT.
2. SRI RANGANATHA
S/O LATE B LAKKEGOWDA
AGED ABOUT 62 YEARS
RESIDENT OF SHANKARADEVARA PETE
BELUR TOWN, BELUR TALUK
HASSAN DISTRICT.
3. SRI B L MANJEGOWDA
SINCE DECEASED BY LRS
SRI B M RAGHAVENDRA
S/O LATE B L MANJEGOWDA
AGED ABOUT 40 YEARS
RESIDENT OF MANJEGOWDA COMPLEX
KANAKADASA ROAD, BELUR.
4. SMT B M PALLAVI
D/O LATE B L MANJEGOWDA
AGED ABOUT 36 YEARS
RESIDENT OF KANAKADASA ROAD
BELUR TOWN
BELUR.
5. SMT B C MOHANAKUMARI
W/O LATE B L MANJEGOWDA
AGED ABOUT 56 YEARS
RESIDENT OF KANAKADASA ROAD
BELUR TOWN, BELUR.
6. SRI B L GOPALA
S/O LATE B LAKKEGOWDA
AGED ABOUT 64 YEARS
ASST ENGINEER
HUDA NEAR GURU THEATRE HASSAN
7. SMT B L THIMMAMMA
W/O NINGAPPA
D/O LATE LAKKEGOWDA
SINCE DECEASED BY LRS
SRI B H NINGAPPA
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
H/O LATE B L THIMMAMMA
AGED ABOUT 80 YEARS
8. SRI B N MANJUNATHA
S/O LATE B L THIMMAMMA
AGED ABOUT 60 YEARS
9. SRI B N RAMEGOWDA
S/O LATE B L THIMMAMMA
AGED ABOUT 56 YEARS
10. SRI B L LAXMANA
S/O LATE B L THIMMAMMA
AGED ABOUT 56 YEARS
11. SRI B N DEVARAJA
S/O LATE B L THIMMAMMA
AGED ABOUT 54 YEARS.
12. SRI B N PRAKASHA
S/O LATE B L THIMMAMMA
AGED ABOUT 50 YEARS
R7 TO 12 ARE RESIDENT OF
KANAKADASA ROAD
BELUR TOWN, BELUR.
...RESPONDENTS
(BY SRI. SANCHAN JAI NANDAN., ADVOCATE FOR R2 & R6
SRI. KRISHNAMOORTHY D., ADVOCATE FOR R8 TO R12(LR'S
OR DEACESED OF R7, NOTICE TO R3 TO R5 IS SERVED
BUT UNREPRESENTED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 17.11.2021 PASSED ON I.A.
NO.1 IN EXECUTION PETITION.NO. 08/2021 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC AT BELUR, HASSAN,
DISPOSING OFF I.A.NO.1 FILED UNDER ORDER XXXIX RULE 1
AND 2 OF CPC.
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MFA No. 485 of 2022
C/W MFA No. 487 of 2022
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are filed by the judgment debtors
under Order XLIII Rule 1(r) of the CPC challenging the
order dated 17.11.2021 passed by the Executing Court on
IA No.I filed under Order XXXIX Rule 1 and 2 CPC in
Execution Petition Nos.10/2021 and 8/2021 pending
before the Senior Civil Judge and JMFC, Belur, Hassan.
2. The appellants and the respondents are the
joint family members. They have filed suit for partition in
O.S.No.31/2013. The parties have filed the compromise
petition. On the basis of the compromise petition, the
decree has been passed on 02.12.2014. The respondents
herein have filed the execution petition in Execution
Petition Nos.10/2021 and 8/2021 before the Senior Civil
Judge, JMFC, Belur, Hassan. The decree holders in both
execution petitions have filed application under XXXIX
Rules 1 and 2 CPC seeking an interim injunction against
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C/W MFA No. 487 of 2022
the judgment debtor Nos.2, 4 and 5 restraining them from
erecting any construction and changing the nature of the
land in Sy.Nos.51, 52 and 57 situated in Thimmanahalli
Village till disposal of the above petition. The trial Court
has allowed the said applications by order dated
17.11.2021 and directed the parties to maintain status-
quo in respect of survey Nos.51, 52 and 57. Being
aggrieved by the same, the appellants are before this
Court in these appeals.
3. Learned counsel appearing for the appellants
has submitted that on the basis of the compromise decree,
the property in dispute in these cases i.e. Survey Nos.51,
52 and 57 have fallen to the share of the appellants and
they are constructing of the buildings in the suit schedule
properties. In view of the status-quo order passed by the
Executing Court, the appellants cannot proceed further.
Hence, he sought for allowing the appeals.
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4. The learned Senior counsel on behalf of the
respondents has contended that there is dispute in respect
survey Nos.51, 52 and 57 and the same is pending before
the Executing Court. If the appellants are permitted to
construct or alienate the properties, it will create a third
party interest. Therefore, the Executing Court has rightly
directed the parties to maintain status-quo. Hence, he
sought for dismissal of the appeals.
5. Heard the learned counsel for the parties.
Perused the order passed by the Executing Court.
6. It is not in dispute that the parties have filed
O.S.No.31/2013 for partition and separate possession.
They have entered into a compromise by way of filing
compromise petition and the compromise decree has been
passed on 02.12.2014. The Execution Petitions have been
filed for executing the decree.
Now, the matter is pending before the Executing
Court to consider the case of the parties on the basis of
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C/W MFA No. 487 of 2022
the compromise decree. Under this circumstance, in the
interest of justice, I am of the opinion that the order
passed by the Executing Court dated 17.11.2021 in
Execution Nos.10/2021 and 8/2021 can be modified to
that extent that the parties are directed not to create third
party interest in respect of Survey Nos.51 measuring 4
acres, 52 measuring 4 acres and 57 measuring 3 acres 13
guntas situated at Thimmanahalli Village, till disposal of
the Execution case.
Accordingly, the appeals are allowed in part. The
order passed by the Executing Court is modified as
follows:
The parties are directed not to create any third party
interest in respect of Survey Nos.51, 52 and 57 situated in
Thimmanahalli Village till the disposal of the execution
case.
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It is made clear that if the parties have put up any
construction on the suit schedule properties, they cannot
claim any equity.
In view of disposal of the main appeals, all pending
I.As. do not survive for consideration. Hence, the same is
also disposed of.
Sd/-
JUDGE
HA
