Karnataka High Court
K C Rangappa S/O Late K ... vs K Somasekhara S/O Late Shri K ... on 19 September, 2023
Bench: Anant Ramanath Byarhj
-1-
NC: 2023:KHC-D:10848
MFA No. 103766 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 103766 OF 2023 (CPC)
BETWEEN:
1. K.C.RANGAPPA
S/O LATE K CHANDRASEKAR
AGE: ABOUT 52 YEARS,
R/O: DOOR NO. 92,
6TH WARD, RANIPETH,
OPPOSITE BUS STAND,
STATION ROAD, HOSAPETE,
DIST: VIJAYANAGARA 583201.
2. K.C.MANU
S/O LATE K CHANDRASEKAR
AGE: ABOUT 42 YEARS,
R/O: DOOR NO. 92,
6TH WARD, RANIPETH,
OPPOSITE BUS STAND,
STATION ROAD, HOSAPETE,
DIST: VIJAYANAGARA 583201.
...APPELLANTS
Digitally
signed by
(BY SRI. K.S.PATIL, ADVOCATE)
SAROJA
SAROJA HANGARAKI
HANGARAKI Date:
2023.09.21
11:05:15
+0530 AND:
1. K SOMASEKHARA
S/O LATE SHRI. K. RANGAPPA
AGED BOUT 69 YEARS,
R/O. 567, SVS RESIDENCY,
1ST FLOOR, 1ST CROSS,
RAJARAJESHWARI NAGAR,
BENGALURU-560098.
2. K. RATNA
W/O LATE K. CHANDRASEKAR
AGE: ABOUT 72 YEARS,
-2-
NC: 2023:KHC-D:10848
MFA No. 103766 of 2023
R/O: DOOR NO. 92,
6TH WARD, RANIPETH,
OPPOSITE BUS STAND,
STATION ROAD, HOSAPETE,
DIST: VIJAYANAGARA 583201.
3. K.C.MUKTA
D/O K CHANDRASEKAR
W/O MRITYUNJAYHOMBAL
AGE: ABOUT 47 YEARS,
R/O: H.NO.40-P1, SIDDAGANGA,
NEAR SHAKUNTHALA NURSING HOME,
GANESH PARK, HOSUR,
HUBBALLI, DIST: DHARWAD-580021.
ALSO AT #3900, SHAWFIELD STREET,
FREDERICK, MD-21704, USA.
4. K.C.SWETHA
D/O K.CHANDRASEKAR
AGE: 40 YEARS, R/O: DOOR NO.92,
6TH WARD, RANIPETH,
OPPSITE BUS STAND,
STATION ROAD, HOSAPETE,
DIST: VIJAYANAGAR-583201.
5. K. GANGADHAR
S/O LATE SHRI. K.RANGAPPA
AGE: ABOUT 78 YEARS,
R/O: PATEL NAGAR,
OPP: VENKATESHWARA AUTOMOBILES,
HOSAPETE,
DIST: VIJAYANAGARA-583201.
6. K. BASAVARAJ
S/O LATE SHRI. K.RANGAPPA
AGE: ABOOUT 76 YEARS,
R/O: 0552/EE, NEAR LIC OFFICE,
RAILWAY STATION ROAD,
GANDHI NAGAR, TUMKUR,
DIST: TUMKUR-572102.
7. K,MAHABALESHWARA
S/O LATE SHRI. K.RANGAPPA
-3-
NC: 2023:KHC-D:10848
MFA No. 103766 of 2023
AGE; ABOUT 66 YEARS,
R/O: PLOT NO.76, "RANGAVAIBHAV",
TILAK NAGAR, CANTONMENT,
BELLARY, DIST: BELLARY-583102.
8. K.GIRIJA V SANGOLLI
W/O: V.N.SANGOLLI
D/O: LATE SHRI. K.RANGAPPA
R/O: NO.75,
LINGRAJ NAGAR (NORTH SIDE),
BEHIND RAGHAVENDRA COLONY,
UNKAL CROSS, HUBBALLI,
DIST: DHARWAD-580031.
9. C.JYOTHI
W/O LATE SHRI. BALAJI SINGH
AGED ABOUT 70 YEARS,
R/O: SRI.BALAJISADANA,
4TH CROSS, NEAR VASTRADA HOSPITAL,
BASAWESHWARABADAVANE AREA,
HOSPETE, DIST: VIJAYNAGARA-583201.
...RESPONDENT
(BY SRI. SAMMITH S, ADVOCATE FOR C/R1)
THIS MFA IS FILED U/O.43 RULE 1(R) OF THE CODE OF
CIVIL PROCEDURE, 1908, AGAINST THE ORDER DATED
24.07.2023, PASSED IN R.A.NO.81/2022 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, AND JUDICIAL MAGISTRATE
FIRST CLASS, HOSAPETE, ALLOWING THE IA NO.II FILED U/O.
39 RULE 1 AND 2 R/W SEC.151 OF CPC.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
-4-
NC: 2023:KHC-D:10848
MFA No. 103766 of 2023
JUDGMENT
This appeal arises from an order where the legal
representatives of first defendant are restrained from
alienating the suit 'B', 'C' and 'D' schedule properties to
any third party till the disposal of the suit. The order is
passed in a suit for partition.
2. Sri.K.S.Patil, the learned counsel appearing for
the appellants submits that all the properties over which
the interim order of injunction is sought are standing in
the name of the appellants as such the prima facie case is
not made out for grant of injunction. He would further
submit that this injunction order is not operating
oppressively against the appellants as the trial of the suit
may take considerable time and in the meantime he will
be prevented from dealing with the properties.
3. Learned counsel for the plaintiff - respondent
would submit that all the properties were acquired from
the income generated from the partnership firm M/s.
K.Rangappa. Though the properties stand in the name of
NC: 2023:KHC-D:10848
MFA No. 103766 of 2023
the original defendant No.1, it is his contention that he
being the elder member of the family and being a partner,
utilized the income from the partnership firm and
purchased the properties in his name representing all the
family members/partners of the partnership firm. Thus, he
would contend that the plaintiff has made out a prima
facie case and in case the interim order is vacated the
defendants are likely to alienate the suit properties and it
may lead to multiplicity of litigation.
4. This Court has considered the contentions
raised at the bar.
5. To the pointed question put by this Court as to
whether the appellants are intending to alienate the suit
properties, Sri.K.S.Patil on instructions would submit that
for the present the appellants do not have any intention to
alienate the properties, however that cannot be taken as
an assurance for unreasonable period.
6. Learned counsel for the appellants and
respondents jointly submit that they are ready to
NC: 2023:KHC-D:10848
MFA No. 103766 of 2023
co-operate with the trial Court for early disposal of the
case. This being the position, this Court is of the view that
placing the submission of the learned counsel for the
appellants on record if the trial Court is requested to
dispose of the suit on merits within one year from the date
of receipt of certified copy of this order, interest of justice
would be met.
7. Accordingly, with the following observations,
the appeal is disposed of.
(i) The appellants shall not alienate the suit 'B', 'C'
and 'D' properties till the disposal of the suit.
(ii) The appellants and respondents shall co-
operate in the early disposal of the suit.
(iii) In case it is found that the plaintiff is not co-
operating in early disposal of the case and the
same results in suit being not disposed of within
one year, the undertaking given by the
appellants shall stand vacated.
NC: 2023:KHC-D:10848
MFA No. 103766 of 2023
(iv) The trial Court shall decide the case on merits
without being influenced by any of the
observations made in the impugned order as
this Court has not expressed anything on the
merits of the matter.
(v) The trial Court shall frame issue on 25.09.2023
and post the case for recording evidence.
Sd/-
JUDGE
SH
