Karnataka High Court
Mrs Arogya Mary vs Mrs. Rani Ammal on 27 November, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2023:KHC:42745
MFA No. 2745 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 2745 OF 2018 (CPC)
BETWEEN:
1. MRS AROGYA MARY
D/O LATE MARY JOSEPHIN
AGED ABOUT 40 YEARS
2. MRS ROSITA RANJINI
D/O LATE MARY JOSEPHIN
AGED ABOUT 33 YEARS
BOTH R/AT NO.225 OPP POST OFFICE
BORE WELL ROAD, WHITEFIELD
BANGALORE-560 066
...APPELLANTS
(BY SRI. PRADEEP H S.,ADVOCATE)
AND:
Digitally signed
by 1. MRS RANI AMMAL
DHANALAKSHMI D/O LATE SAMPANGI
MURTHY
Location: High AGED ABOUT 65 YEARS
Court of
Karnataka
2. MRS SHAKUNTHALA
D/O MRS RANI AMMAL
AGED ABOUT 61 YEARS
3. MRS PRIYA
D/O MRS RANI AMMAL
AGED ABOUT 32 YEARS
4. MRS VIDYA
D/O MRS SHAKUNTHALA
-2-
NC: 2023:KHC:42745
MFA No. 2745 of 2018
AGED ABOUT 29 YEARS
5. MRS JAYANTHI
D/O RANI AMMAL
AGED ABOUT 42 YEARS
6. MR HARISH
S/O MR SHIVA
AGED ABOUT 23 YEARS
7. MR BHUVANESH
S/O MR SHJIVA Y
AGED ABOUT 22 YEARS
R1 TO R7 ARE RESIDING AT NO.9
KARUMARIAMMAN TEMPLE STREET
WHITEFIELD, BANGALORE-560 066.
8. MRS SAGAYAMARY
D/O LATE SAMPANGI
AGED ABOUT 55 YEARS
9. MRS SUSHEELA
D/O LATE JOSEPH
AGED ABOUT 71 YEARS
10. MR J KANIKARAJU
S/O LATE JOSEPH
AGED ABOUT 69 YEARS
11. MR J SAGAYANATHAN
S/O LATE JOSEPH
AGED ABOUT 56 YEARS
12. MR J THERESA
D/O LATE JOSEPH
AGED ABOUT 54 YEARS
13. MR GERALD A ALBERT
S/O LATE ALBERT
AGED ABOUT 57 YEARS
-3-
NC: 2023:KHC:42745
MFA No. 2745 of 2018
R8 TO R13 ARE RESIDING AT
WHITE FIELD VILLAGE
K R PURAM HOBLI, WHITEFIELD POST
BANGALORE-560 0667.
14. MR ZAKIR HUSSAIN
S/O SHAHEED HUSSAIN BLAH
AGED ABOUT 39 YEARS
15. MRS BENAZEER RASHEED
W/O MR ZAKIR HUSSAIN BLAH
AGED ABOUT 44 YEARS
R14 & R15 ARE RESIDING AT
CONFIDENT ORION G NO.6
SOMPURA GATE YEMRE
SARJAPURA BENGALURU-562 125
...RESPONDENTS
(BY SRI.N SAVANUR., ADVOCATE FOR R14 & R15:
NOTICE TO R1 TO R13 ARE DISPENSED WITH
V/O DATED: 07.09.2018)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC
AGAINST THE ORDER DATED 16.12.2017 PASSED ON I.A.NO.1
IN OS.NO.1668/2016 ON THE FILE OF THE VI ADDITIONAL
SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT,
DISMISSING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1
AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-4-
NC: 2023:KHC:42745
MFA No. 2745 of 2018
JUDGMENT
1. This appeal under Order 43 Rule 1(r) of CPC is filed
by the appellants-plaintiffs challenging the order dated
16.12.2017 passed by Principal Senior Civil Judge,
Bengaluru on I.A.No.1 filed under Order 39 Rules 1 and 2
read with Section 151 of CPC in O.S.No.1668/2017,
whereby the Trial Court has dismissed I.A.No.1 filed by the
plaintiffs.
2. For the sake of convenience, the parties are referred
to as per their ranking before the Trial Court.
3. The plaintiffs filed the suit before the Trial Court for
permanent injunction. Along with the suit, the plaintiffs
filed I.A.No.1 under Order 39 Rules 1 and 2 of CPC seeking
an order of temporary injunction against the defendant
Nos.14 and 15 restraining them from alienating or creating
any third party interest over the suit schedule property
pending disposal of the suit. On service of suit summons,
defendants appeared through counsel and filed written
statement. After hearing the parties, the Trial Court by
NC: 2023:KHC:42745
impugned order dated 16.12.2017 dismissed I.A.No.1 filed
by the plaintiffs. Being aggrieved by the same, the
plaintiffs have filed this appeal.
4. Heard the learned counsel appearing for the parties.
Perused the impugned order.
5. This Court on 7.9.2018 while disposing of
I.A.2/2018, had directed the respondents herein not to
alienate the suit schedule property till the next date of
hearing. The said order is operating till today.
6. Under the circumstances and in the interest of
justice, the only direction that can be issued at this
stage is to direct the Trial Court to dispose of the suit as
expeditiously as possible and to continue the interim
order granted by this Court till the disposal of the suit.
Hence, the following order is passed:
ORDER
a) The appeal is disposed of.
NC: 2023:KHC:42745
b) The Trial Court is directed to dispose of the suit
in accordance with law as expeditiously as
possible not later than one year from the date of
receipt of copy of this order.
c) The interim order granted by this Court on
7.9.2018 directing the respondents herein not to
alienate the suit schedule property till the next
date of hearing, shall continue till the disposal of
the suit.
d) Parties are directed to co-operate for the early
disposal of the suit.
e) Registry is directed to return the original
records, if any, to the trial court forthwith.
All pending applications, if any, shall stand
disposed of.
Sd/-
JUDGE
DM
