Karnataka High Court
Smt Manjula G vs M/S Ridhi Builders on 5 September, 2023
Bench: H T Prasad
-1-
NC: 2023:KHC:32011
MFA No. 854 of 2022
C/W MFA No. 6948 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 854 OF 2022 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6948 OF 2021(CPC)
IN MFA 854/2022
BETWEEN:
1. SMT. MANJULA G
W/O R PRAKASH
D/O K GURUMURTHY
AGED 65 YEARS
R/AT NO.1701 2ND STAGE
E BLOCK, 7TH MAIN, RAJAJINAGAR
BENGALURU-560010.
2. MS SHILPA PUNEKAR
Digitally signed W/O RAM KUMAR R S
by
DHANALAKSHMI AGED 39 YEARS
MURTHY R/AT OSCAR ORCHARDS A-102
Location: High 1ST MAIN ROAD
Court of
Karnataka SAHAKARNAGAR
BENGALURU-560092.
3. MR PRAKASH P
S/O PADMANABHA RAO
AGED ABOUT 70 YEARS
R/AT NO.1701 2ND STAGE
E BLOCK 7TH MAIN, RAJAJINAGAR
BENGALURU-560010.
...APPELLANTS
(BY SRI. ASHOK B PATIL., ADVOCATE)
-2-
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AND:
1. M/S RIDHI BUILDERS
REP BY ITS PROPRIETRIX
SMT SOWBHAGYA C M
W/O VASUDEVA B S
AGED ABOUT 44 YEARS
R/AT NO.11 1ST FLOOR
EHCS LAYOUT, VIDYARANYAPURA
BENGALURU-560097.
2. SMT SOWBHAGYA C M
W/O VASUDEVA B S
AGED ABOUT 44 YEARS
R/AT NO.11 1ST FLOOR
IEHCS LAYOUT, VIDYARANYAPURA
BENGALURU-560097.
3. SRI VASUDEVA B S
S/O D SHIVANNA
AGED ABOUT 49 YEARS
R/AT NO.11 1ST FLOOR
IEHCS LAYOUT, VIDYARANYAPURA
BENGALURU-560097.
ALSO AT LAB ASSISTANT
THE JAWAHARLAL NEHRU
CENTRE FOR ADVANCED
SCIENTIFIC RESEARCH
RACHENAHALLI LAKE ROAD
JAKKUR, BENGLAURU-560064.
4. SRI D SHIVANNA
S/O LATE DASAPPA
AGED 75 YEARS
R/AT NO.190 7TH CROSS
9TH MAIN ROAD, TATA NAGAR
KODIGEHALLI, SAHAKAR NAGAR
BENGALURU-560092.
5. SRI VELU
S/O A RAMASWAMY
-3-
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MFA No. 854 of 2022
C/W MFA No. 6948 of 2021
AGED 50 YEARS
R/AT NO.60 2ND CROSS
MUNITHAYAPPA LAYOUT
LINGARAJAPURAM
BENGALURU-560084.
6. SRI CHANDRASHEKHAR KANTIGONNAVAR
S/O VEERAPPA
AGED 42 YEARS
R/AT NO.6 10TH MAIN
NEAR WOC ROAD, SHIVAJINAGAR
RAJAJINAGAR, BENGALURU-560010.
7. THE MANAGER
CANARA BANK HOUSING DIVISION
PRESENTLY AT RETAIL ASSETS HUB
NO.38/39 1ST FLOOR 5TH CROSS ROAD
MALLESHWARAM, BENGALURU-560003.
...RESPONDENTS
(BY SRI. H MALATESH., ADVOCATE FOR R1 TO R4:
SRI. B RANGASWAMY, ADVOCATE FOR R5:
NOTICE TO R6 & R7 IS D/W V/O DATED: 5.09.2023)
THIS MFA FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER
DATED:01.06.2021 PASSED ON IA NO.2 IN O.S.NO.6572/2020
ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH NO.27), BENGALURU, DISMISSING IA
NO.2 FILED U/O.39 RULE 1 AND 2 OF CPC.
IN MFA 6948/2021
BETWEEN:
1. SMT. MANJULA G
W/O R PRAKASH
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MFA No. 854 of 2022
C/W MFA No. 6948 of 2021
D/O K GURUMURTHY
AGED 65 YEARS
R/AT NO.1701 2ND STAGE
E BLOCK, 7TH MAIN, RAJAJINAGAR
BENGALURU-560010.
2. MS SHILPA PUNEKAR
W/O RAM KUMAR R S
AGED 39 YEARS
R/AT OSCAR ORCHARDS A-102
1ST MAIN ROAD
SAHAKARNAGAR
BENGALURU-560092.
3. MR PRAKASH P
S/O PADMANABHA RAO
AGED ABOUT 70 YEARS
R/AT NO.1701 2ND STAGE
E BLOCK 7TH MAIN, RAJAJINAGAR
BENGALURU-560010.
...APPELLANTS
(BY SRI. ASHOK B PATIL., ADVOCATE)
AND:
1. M/S RIDHI BUILDERS
REP BY ITS PROPRIETRIX
SMT SOWBHAGYA C M
W/O VASUDEVA B S
AGED ABOUT 44 YEARS
R/AT NO.11 1ST FLOOR
EHCS LAYOUT
VIDYARANYAPURA
BENGALURU-560097.
2. SMT SOWBHAGYA C M
W/O VASUDEVA B S
AGED ABOUT 44 YEARS
R/AT NO.11 1ST FLOOR
IEHCS LAYOUT
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MFA No. 854 of 2022
C/W MFA No. 6948 of 2021
VIDYARANYAPURA
BENGALURU-560097.
3. SRI VASUDEVA B S
S/O D SHIVANNA
AGED ABOUT 49 YEARS
R/AT NO.11 1ST FLOOR
IEHCS LAYOUT, VIDYARANYAPURA
BENGALURU-560097.
ALSO AT LAB ASSISTANT
THE JAWAHARLAL NEHRU
CENTRE FOR ADVANCED
SCIENTIFIC RESEARCH
RACHENAHALLI LAKE ROAD
JAKKUR, BENGLAURU-560064.
4. SRI D SHIVANNA
S/O LATE DASAPPA
AGED 75 YEARS
R/AT NO.190 7TH CROSS
9TH MAIN ROAD, TATA NAGAR
KODIGEHALLI, SAHAKAR NAGAR
BENGALURU-560092.
5. SRI VELU
S/O A RAMASWAMY
AGED 50 YEARS
R/AT NO.60 2ND CROSS
MUNITHAYAPPA LAYOUT
LINGARAJAPURAM
BENGALURU-560084.
6. SRI CHANDRASHEKHAR KANTIGONNAVAR
S/O VEERAPPA
AGED 42 YEARS
R/AT NO.6 10TH MAIN
NEAR WOC ROAD, SHIVAJINAGAR
RAJAJINAGAR, BENGALURU-560010.
7. THE MANAGER
CANARA BANK HOUSING DIVISION
NC: 2023:KHC:32011
MFA No. 854 of 2022
C/W MFA No. 6948 of 2021
PRESENTLY AT RETAIL ASSETS HUB
NO.38/39 1ST FLOOR
5TH CROSS ROAD
MALLESHWARAM
BENGALURU-560003.
...RESPONDENTS
(BY SRI. H MALATESH., ADVOCATE FOR R1 TO R4:
SRI. B RANGASWAMY, ADVOCATE FOR R5:
NOTICE TO R6 & R7 IS D/W V/O DATED: 5.09.2023)
THIS MFA FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER
DATED:01.06.2021 PASSED ON IA NO.2 IN O.S.NO.6572/2020
ON THE FILE OF THE XII ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, (CCH NO.27), BENGALURU, DISMISSING IA
NO.2 FILED U/O.39 RULE 1 AND 2 OF CPC.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. These appeals under Order XLIII Rule 1(r) of CPC has
been filed by defendants challenging the order dated
01.06.2021 passed by the XII Additional City Civil Judge,
Bengaluru City on I.A.Nos.1 and 2 in O.S.No.6572/2020
whereby the applications filed by the plaintiff under Order
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C/W MFA No. 6948 of 2021
XXXIX Rules 1 and 2 read with Section 151 of CPC have
been dismissed.
2. For the sake of the convenience, the parties are
referred to as per their ranking before the Trial Court.
3. The plaintiffs have filed the suit for declaration. Along
with the plaint, they have filed I.A.No.1 under Order
XXXIX Rules 1 and 2 of CPC seeking an order of temporary
injunction restraining the defendants from interfering with
peaceful possession and enjoyment of the plaintiffs in
respect of the suit schedule property till the disposal of the
suit and I.A.No.2 under Order XXXIX Rules 1 and 2 of CPC
seeking an ad-interim order of temporary injunction
restraining the defendants from alienating, encumbering
or creating third party rights in respect of the suit schedule
property, pending disposal of the suit.
4. After hearing the parties, the trial Court has
dismissed I.A.Nos.1 and 2 by impugned order dated
01.06.2021. Being aggrieved by the same, the plaintiffs
are before this Court in these appeals.
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5. The suit filed before the trial Court is now set down
for evidence of the parties.
6. Under this circumstance and in the interest of justice,
the only relief that can be granted by this Court is to direct
both the parties not to create any third party interest in
respect of the suit schedule property, till disposal of the
suit and also directed the trial Court to dispose of the suit
as expeditiously as possible.
7. Accordingly, the appeals are disposed of. The order
dated 01.06.2021 passed by the trial Court in
O.S.No.6572/2020 in respect of I.A.Nos.1 and 2 is hereby
modified. To that effect, the parties are directed not to
create any third party interest in respect of the suit
schedule property, till disposal of the suit.
8. The trial Court is directed to dispose of the suit as
expeditiously as possible but not later than one year from
the date of receipt of certified copy of this order.
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9. Parties are directed to cooperate for early disposal of
the suit.
10. In view of disposal of the main appeals, all pending
applications do not survive for consideration. Hence, the
same are also disposed of.
Sd/-
JUDGE
HA
