Karnataka High Court
Sri. Phaneendra. V vs Iti Employees Housing Co ... on 17 July, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:24823
MFA No. 2047 of 2023
C/W MFA No. 1979 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 2047 OF 2023 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1979 OF 2023 (CPC)
IN M.F.A.No.2047 OF 2023:
BETWEEN:
1. SRI. PHANEENDRA V.,
S/O LATE VENKATARAMANA AND
SMT. LATE ANUSUYA RAM,
AGED ABOUT 39 YEARS
R/AT 156, 6TH MAIN,
AVALAHALLI, BDA LAYOUT,
BANASHANKARI 3RD STAGE,
HOSKEREHALLI
BENGALURU-85.
...APPELLANT
Digitally signed
by SHARANYA T (BY SRI. SHIVASHANKAR K., ADVOCATE)
Location: HIGH AND:
COURT OF
KARNATAKA
1. ITI EMPLOYEES HOUSING
CO-OPERATIVE SOCIETY LTD.,
DOORAVANI NAGAR,
BENGALURU-560 016.
2. THE COMMISSIONER
BBMP BEGURU HOBLI,
N.R. CIRCLE,
BENGALURU-560 027.
3. THE BENGALURU METROPOLITAN TASK FORCE
BBMP MAIN OFFICE,
-2-
NC: 2023:KHC:24823
MFA No. 2047 of 2023
C/W MFA No. 1979 of 2023
N.R. CIRCLE
BENGALURU-560 027.
...RESPONDENTS
(BY SRI. NAYANA TARA B.G., ADVOCATE FOR R1;
SRI BATHE GOWDA K.V., ADVOCATE FOR R2;
HCGP FOR R3)
THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, PRAYING
TO SET ASIDE THE ORDER DT.13.03.2023 PASSED ON IA
NO.3 IN O.S.NO.8303/2022 ON THE FILE OF THE XXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-30).
IN M.F.A.No.1979 OF 2023:
BETWEEN:
1. SRI GURUSWAMY D.,
S/O DORAI SWAMY
AGED ABOUT 69 YEARS
R/AT NO.59, 5TH CROSS
GOVT. COLLEGE ROAD, NEW EXTENSION
K.R.PURAM, BENGALURU
BENGALURU-560 016.
...APPELLANT
(BY SRI. SHIVASHANKAR K., ADVOCATE)
AND:
1. ITI EMPLOYEES HOUSING
CO-OPERATIVE SOCIETY LTD.,
DOORAVANI NAGAR,
BENGALURU-560 016.
2. THE COMMISSIONER
BBMP BEGURU HOBLI,
N.R. CIRCLE,
BENGALURU-560 027.
3. THE BENGALURU METROPOLITAN TASK FORCE
BBMP MAIN OFFICE,
-3-
NC: 2023:KHC:24823
MFA No. 2047 of 2023
C/W MFA No. 1979 of 2023
N.R. CIRCLE
BENGALURU-560 027.
...RESPONDENTS
(BY SRI. NAYANA TARA B.G., ADVOCATE FOR R1;
SRI BATHE GOWDA K.V., ADVOCATE FOR R2;
HCGP FOR R3)
THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, PRAYING
TO SET ASIDE THE ORDER DT.02.01.2023 PASSED ON IA
NO.3 IN O.S.NO.8306/2022 ON THE FILE OF THE XXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
(CCH-30).
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the appellants' counsel and also the counsel
appearing for the respondents in both the appeals.
2. The trial Court granted status-quo till the disposal
of I.A.No.3 and counsel submits that pleadings is
completed and matter has to be considered on merits i.e.
I.A.No.3 and the order passed by the status-quo has to be
extended till consideration of I.A.No.3 and hence trial
Court is directed to consider I.A.No.3 on merits in view of
completion of pleadings by both plaintiffs as well as the
NC: 2023:KHC:24823
MFA No. 2047 of 2023
C/W MFA No. 1979 of 2023
defendants and time bound direction which is given to
dispose of the I.A. within one month from today.
3. Accordingly, these two M.F.As. are disposed of
with a direction to dispose of the matters within one
month from the date of next hearing, which is fixed by the
trial Court.
Sd/-
JUDGE
AP
