Karnataka High Court
Mr.Zarir Minoo Bharucha vs Beml Employees Co-Operative ... on 22 June, 2023
Bench: H.P.Sandesh
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NC: 2023:KHC:21554
MFA No. 1677 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 1677 OF 2015 (CPC)
BETWEEN:
1. MR. ZARIR MINOO BHARUCHA
S/O. MR.M.J.BHARUCHA,
AGED ABOUT 56 YEARS,
RESIDING AT SOUTHERN CROSS
APARTMENTS, 9A, MYRTLE LANE,
RICHMOND TOWN,
BANGALORE-560 025,
REPRESENTED BY HIS DULY
CONSTITUTED ATTORNEY
DR.RAVI PRAKASH.
...APPELLANT
(BY SRI SANJAY NAIR, ADVOCATE)
AND:
Digitally signed
by SHARANYA T
Location: HIGH 1. BEML EMPLOYEES CO-OPERATIVE
COURT OF HOUSING SOCIETY LIMITED,
KARNATAKA
HAVING ITS REGISTERED OFFICE AT
C/O. BHARAT EARTH MOVERS LIMITED,
BANGALORE COMPLEX,
NEW THIPPASANDRA,
BANGALORE-560 075.
REPRESENTED BY ITS PRESIDENT,
MR.H.M.KUMAR.
2. MR.SIDDESH B.T. UMESH
AGED MAJOR,
RESIDING AT SITE NO.05,
SURVEY NO.20/3,
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MFA No. 1677 of 2015
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE,
KENGERI HOBLI,
BANGALORE-560 067.
3. MR. M. MADHAVA
AGED MAJOR
RESIDING AT SITE NO.207
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE
KENGERI HOBLI
BANGALORE-560 067.
4. MR. M. SHANKARA
AGED MAJOR
RESIDING AT SITE NO.206
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE
KENGERI HOBLI
BANGALORE-560 067.
5. MR. SRIDHAR B.S.,
AGED MAJOR
RESIDING AT SITE NO.195
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE
KENGERI HOBLI
BANGALORE-560 067.
6. MR. H.N. NAGESH
AGED MAJOR,
RESIDING AT SITE NO.193,
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE,
KENGERI HOBLI,
BANGALORE-560 067.
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MFA No. 1677 of 2015
7. MR. K.S. DATTA
AGED MAJOR,
RESIDING AT SITE NO.210,
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE,
KENGERI HOBLI,
BANGALORE-560 067.
8. MR. BASAPPA RUGI
AGED MAJOR,
RESIDING AT SITE NO.174,
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE,
KENGERI HOBLI,
BANGALORE-560 067.
9. MR. K. MALTESH
AGED MAJOR,
RESIDING AT SITE NO.211,
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE,
KENGERI HOBLI,
BANGALORE-560 067.
10. MR. C. SUDHAKAR
AGED MAJOR,
RESIDING AT SITE NO.200,
SURVEY NO.20/3, BEML LAYOUT,
7TH STAGE, MAILSANDRA VILLAGE,
KENGERI HOBLI,
BANGALORE-560 067.
11. MR. PURUSHOTAM G.,
AGED MAJOR,
RESIDING AT SITE NO.187,
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE,
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MFA No. 1677 of 2015
KENGERI HOBLI,
BANGALORE-560 067.
12. MR. RAMESH REDDY
AGED MAJOR,
RESIDING AT SITE NO.201,
SURVEY NO.20/3,
BEML LAYOUT, 7TH STAGE,
MAILSANDRA VILLAGE,
KENGERI HOBLI,
BANGALORE-560 067.
...RESPONDENTS
(BY SRI AVINASH B.C., ADVOCATE FOR C/R10 & 11 AND
R2 TO R9 AND R12;
SERVICE OF NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED U/O.43 RULE 1(c) OF C.P.C, AGAINST
THE ORDER DATED 21.01.2015 PASSED ON I.A.NO.I IN
O.S.NO.9118/2014 ON THE FILE OF THE XVII ADDITIONAL
CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING I.A.
NO.1 FILED U/O. 39 RULE 1 & 2 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellant and learned
counsel for respondent Nos.2 to 9, 12 and caveator-respondent
Nos.10 and 11.
2. This appeal is filed challenging the order passed by
the Trial Court dated 21.01.2015 passed on I.A.No.1 in
O.S.No.9118/2014 rejecting the application filed under Order
39, Rule 1 and 2 of C.P.C.
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MFA No. 1677 of 2015
3. Learned counsel for the appellant also not disputes
the fact that already road has been formed and the counsel
also would submit that the Court can pass an order for
maintaining status-quo.
4 Learned counsel for respondent Nos.2 to 9, 12 and
caveator-respondent Nos.10 and 11 would submit that the
respondents are seeking for an order of injunction in respect of
the road which has already been formed where asphalting is
also done. When such being the material on record, when the
road has already been formed, the question of passing an order
for maintaining status-quo does not arise.
5. Learned counsel for the appellant also not disputes
the fact that he has filed an application seeking amendment
and the same was also dismissed and writ petition is pending
before this Court with regard to the rejection of application for
amendment. When such being the material on record, it is not
a fit case to interfere with the findings of the Trial Court and
the Trial Court also, in detail discussed with regard to the same
and considered the material on record, in coming to the
conclusion that no prima facie case is made out and also
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MFA No. 1677 of 2015
observed that there is suppression in the matter regarding
delivery of possession.
6. In view of the discussion made by the Trial Court
and for the reasons stated hereinabove, I do not find any merit
in the appeal since, the road has already been formed and
asphalting is also done in respect of portion of the schedule 'D'
property against which the appellant is seeking the relief of
temporary injunction. Hence, there is no merit in the appeal
and I do not find any error committed by the Trial Court to
interfere with the same.
Accordingly, the appeal is dismissed.
However, the Trial Court shall not be influenced by the
observations made earlier while considering the matter on
merits.
Sd/-
JUDGE
ST
