Karnataka High Court
Mr M Lakappa vs Mr Suresh on 7 August, 2024
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NC: 2024:KHC:31638
MFA No. 5024 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 5024 OF 2024 (CPC)
BETWEEN:
MR.M.LAKAPPA
S/O LATE T.MUNISHAMAIAH,
AGED ABOUT 47 YEARS,
RESIDING AT NO. 38
MALLASANDRA,
NEAR ANJANEYA TEMPLE ROAD,
T DASARAHALLI POST, BANGALORE NORTH,
BANGALORE-560 057.
...APPELLANT
(BY SRI. VIJAYA KUMAR K., ADVOCATE)
AND:
1. MR. SURESH
AGED ABOUT 45 YEARS,
S/O G.GOPAL,
RESIDING AT NO. 17
Digitally
AYYAPPA TEMPLE ROAD,
signed by
MEGHA OFFICERS MODEL COLONY,
MOHAN S.M.ROAD, DASARAHALLI POST,
BANGALORE-560 057.
Location:
HIGH COURT
OF 2. SMT.POORNIMA
KARNATAKA AGED ABOUT 49 YEARS,
W/O ANANTHA PANDHAMANABHA,
RESIDING AT NO. 16
4TH C CROSS, 9TH MAIN,
K.N.EXTENSION, YESHAWANTHPURA,
BANGALORE NORTH -560 022.
...RESPONDENTS
THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE
ORDER DATED: 15.07.2024 PASSED ON IA NO.1 IN
O.S.NO.4911/2024 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL
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NC: 2024:KHC:31638
MFA No. 5024 of 2024
AND SESSIONS JUDGE, BENGALURU, ISSUING EMERGENT NOTICE
ON IA NO.1 AND SUIT SUMMONS TO DEFENDANTS FILED U/O.39
RULE 1 AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
The present appeal is filed aggrieved by orders passed on
I.A.No.1 in O.S.No.4911/2024 dated 15.07.2024 by the XV
Addl. City Civil and Sessions Judge, Bengaluru, the plaintiff is
before this court.
2. The plaintiff had filed a suit for injunction. It is his case
that plaintiff is the absolute owner and is in peaceful possession
and enjoyment of the suit schedule property. The property
belongs to one Smt. H Kariyamma and Sri H.Veerappa and they
both executed a "General Power of Attorney" along with an
affidavit dated 05.01.1985 in favour of one Sri Muniraju. On the
strength of the said document, the plaintiff is in continuous
possession and in enjoyment of the property and a registered
sale deed was executed on 22.02.2012 for valuable sale
consideration and the same was registered before the Sub-
Registrar, Peenya Bangalore and the plaintiff continues to be in
NC: 2024:KHC:31638
possession of the property. Even the Khata extracts and tax
paid receipts are standing in the name of the plaintiff. He has
also produced the encumbrance certificate for 14 years. It is
the case of the plaintiff that on 07.07.2024, the defendants and
their henchmen had attempted to enter the suit schedule
property, shouting slogans that they are the owners of the
property and they know how to take back property from the
plaintiff, which made him to come up with the suit. The trial
court by order impugned had not granted any order and
observed that the plaintiff is claiming his right on the suit
scheduled property based on the GPA holder of his vendor
without seeking the relief of declaration. Hence, it is not a fit
case to grant exparte temporary injunction. In view of the
same, emergent notice is issued, suit summons to the
defendants and the matter is directed to be listed on
12.08.2024.
3. This court, considering the arguments of the learned
counsel for the appellant, direct the trial court to consider the
application of the appellant seeking interim injunction.
NC: 2024:KHC:31638
4. This Court is not issuing notice to the defendant as in
the impugned order, by that time the defendant had not
appeared before the court.
Accordingly the following:
ORDER
i. The trial court shall consider the application filed by
the appellant seeking injunction.
ii. Accordingly, the appeal is disposed off.
iii. All the I.As., in the appeal shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
TS
