Karnataka High Court
Sri. Manjunath vs Sri.R. Munishamappa on 4 April, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:13785
WP No. 4170 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 4170 OF 2024 (GM-CPC)
BETWEEN:
1. SRI. MANJUNATH
S/O LATE NAGARAJAPPA @ NAGAPPA
AGED ABOUT 40 YEARS,
2. SMT. ROOPA
D/O LATE NAGARAJAPPA @ NAGAPPA
AGED ABOUT 36 YEARS
BOTH ARE DARGHA
JOGAHALLI VILLAGE,
KASABA HOBLI
DODDABALLAPURA TALUK
...PETITIONERS
(BY SRI:CHOKKAREDDY, ADVOCATE)
AND:
1. SRI. R. MUNISHAMAPPA
S/O LATE MUNISHMAPPA
Digitally AGED ABOUT 77 YEARS
signed by
VANDANA S 2. SMT. AMMAYAMMA
Location: D/O R. MUNISHMAPPA
HIGH COURT
OF AGED ABOUT 73 YEARS
KARNATAKA
3. SRI. M. MUNIRAJU
S/O R. MUNISHMAPPA
AGED ABOUT 57 YEARS
4. SRI. M. RANJAN
S/O MUNIRAJU
AGED ABOUT 24 YEARS
5. SRI. M. VISHWAS
S/O MUNIRAJU
AGED ABOUT 30 YEARS
-2-
NC: 2024:KHC:13785
WP No. 4170 of 2024
6. M. RAMYA
D/O MUNIRAJU
AGED ABOUT 13 YEARS
7. SRI. SURESH .M.
S/O R. MUNISHAMAPPA
AGED ABOUT 52 YEARS
8. SRI. M. RAJENDRA
S/O R. MUNISHAMAPPA
AGED ABOUT 43 YEARS
9. BHAGYA SHREE
D/O M. RAJENDRA
AGED ABOUT 7 YEARS
10. CHIRANTH
S/O M. RAJENDRA
AGED ABOUT 7 YEARS
NO.9 AND 10 ARE MINOR
REPTD BY THEIR FATHER
NATURAL GUARDIAN MR. RAJENDRA
NO.1 TO 10 ARE RESIDING AT
DYAVARAHALLI, KUNDANA HOBLI,
BENGALURU RURAL DISTRICT
11. SMT. RADHAMMA
D/O R. MUNISHAMAPPA
W/O N. MUNISHAMAPPA
R/AT 3RD CROSS, K.R. EXTENSION,
HOSAKOTE, BENGALURU RURAL DISTRICT
12. SRI. M.R. SRINIVAS MURTHY
S/O M.B. RAMAPPA
AGED ABOUT 52 YEARS,
R/AT MANAGONDANAHALLI VILLAGE,
KUNDANA HOBLI, DEVANAHALLI TALUK
13. SRI. B.K. NARAYANASWAMY
S/O KRISHNAPPA
AGED ABOUT 44 YEARS
R/AT S. BACHALLI VILLAGE,
KUNDANA HOBLI,
DEVANHALLI TALUK
-3-
NC: 2024:KHC:13785
WP No. 4170 of 2024
BENGALURU RURAL DISTRICT
14. M/S ADYU ESTATES
HAVING ITS REGISTERED OFFICE
AT NO.699, AVINASHI ROAD,
COIMBATORE - 641 037
REPTD BY ITS PARTNER
SRI. M.S.R. KRISHNAN
S/O M.R.S. NATHAN
AGED ABOUT 42 YEARS
15. SRI. SHIVAKUMAR .N.
S/O LATE NAGARAJAPPA @ NAGAPPA
AGED ABOUT 39 YEARS
R/AT DARGHA JOGAHALLI VILLAGE,
KASABA HOBLI, DODDABALLAPURA TALUK
...RESPONDENTS
(BY SRI: KUMARA, ADVOCATE FOR R13 & 14;
R1 TOL R12 & R15 ARE DISPENSED WITH V/O DT: 14/2/2024)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING ANNEXURE-A
DATED 2.2.24 BY REFUSING TO GRANT EXPARTE INTERIM ORDER IN IA.
NO.1/24 FILED BY THE PETITIONERS IN O.S.NO.80/24, PENDING IN 2ND
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI,
CONCURRENT CHARGES, 3RD ADDITIONAL SENIOR CIVIL JUDGE AND
JMFC, DEVANAHALLI AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition by the plaintiffs in O.S.No.84/2024 is directed
against the impugned order dated 02.02.2024 whereby the Trial
Court declined to grant ex-parte interim order of temporary
injunction in favour of the petitioners-plaintiffs against respondent
No.14-defendant No.14 on the ground that the other side has to be
heard before passing the interim order and issued notice /
summons to the respondents.
NC: 2024:KHC:13785
2. Heard learned counsel for the petitioners and learned
counsel for the respondent Nos.13 and 14 and perused the
material on record.
3. When the matter was posted before this Court on
14.02.2024, the following interim order was passed:
"Issue emergent to respondent No.14.
Notice to remaining respondents is dispensed with at
the risk of petitioners.
List after service of notice.
Meanwhile, the parties are directed not to alienate,
encumber or create third party rights over the suit schedule
property, till the next date of hearing.
Liberty is reserved in favour of respondents to seek
vacation / modification of this order."
4. Learned counsel for petitioners and learned counsel
for respondent Nos.13 and 14 jointly submit that the suit presently
stands posted to 06.04.2024 and I.A.No.1 for temporary injunction
filed by the petitioners - plaintiffs against respondent No.14 -
defendant No.14 is pending adjudication in the suit, in which the
said respondent has filed written statement and objections and is
contesting the suit and the application. It is also submitted that the
Trial Court may be directed to dispose of I.A.No.1 within a period of
one month as contemplated under Order 39 Rule 3-A CPC and in
NC: 2024:KHC:13785
terms of the judgment of this Court in the case of N.A.Haris vs.
Sri.Rajiv Hegde & others -(2014) 4 KCCR 3162. It is further
submitted that till disposal of I.A.No.1 by the Trial Court as stated
supra, the interim order dated 14.02.2024 passed by this Court
may be continued without prejudice to the rights and contentions of
the parties.
5. In view of the aforesaid facts and circumstances and in
view of oncoming Summer Vacation for the Courts, I deem it just
and appropriate to dispose of this petition by directing the Trial
Court to dispose of I.A.No.1 filed by the petitioners - plaintiffs for
temporary injunction against respondent No.14 - defendant No.14
within a period of two months from 06.04.2024 in the light of the
provisions contained in Order 39 Rule 3-A CPC and the judgment
of this Court in N.A.Haris's case supra.
6. Subject to the aforesaid directions, petition stands
disposed of.
7. All rival contentions on all aspects of the matter are
kept open and no opinion is expressed on the same.
Sd/-
JUDGE
