Karnataka High Court
D D Rajanna vs D N Jwalakumar on 14 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:6253
MFA No. 6763 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 6763 OF 2023 (CPC)
BETWEEN:
1. D.D.RAJANNA
S/O LATE D.N. DEVAKUMAR
AGED ABOUT 71 YEARS
R/AT NO.7, 6TH CROSS,
MALLESHWARAM
BENGALURU-560003
2. SMT. INDIRAMMA
W/O LATE D.N.PARSHWANATH
AGED ABOUT 75 YEARS
R/AT NO.677/49,
4TH MAIN ROAD
VYALIKAVAL
BENGALURU-560003.
Digitally signed
by SHARANYA T 3. SRI N.P. RAJESH
Location: HIGH S/O LATE D.N.PARSHWANATH
COURT OF AGED ABOUT 45 YEARS
KARNATAKA
R/AT NO.677/49,
4TH MAIN ROAD,
VYALIKAVAL
BENGALURU-560003
...APPELLANTS
(BY SRI. SHANKARANARAYANA BHAT, ADVOCATE)
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NC: 2024:KHC:6253
MFA No. 6763 of 2023
AND:
1. D.N. JWALAKUMAR
S/O LATE D.K.NABHIRAJAIAH
AGED ABOUT 81 YEARS
R/AT FLAT NO.12,
SOUTH PARK ROAD
NEHARU NAGAR
BENGALURU-560020
SMT. N. PADMA
SINCE DEAD BY LRS
2. N. AJITH PRASAD
S/O A. NAGAKUMARAIAH
AGED ABOUT 64 YEARS,
3. A. SAPNA
W/O LATE N ANIL
AGED ABOUT 53 YEARS,
4. A. ALOK
S/O LATE N ANIL
AGED ABOUT 27 YEARS,
5. A ANJU
D/O LATE N. ANIL
AGED ABOUT 26 YEARS,
6. N. ABHI
S/O NAGAKUMARAIAH
AGED ABOUT 58 YEARS,
RESPONDENT NOS.2 TO 6 ARE
R/AT NO.50, 1ST & 2ND FLOOR,
SHANKAR MUTT ROAD
BENGALURU-560004
7. N. APARNA
D/O NAGKUMARAIAH
AGED ABOUT 55 YEARS,
R/AT NO.50, 2ND FLOOR,
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NC: 2024:KHC:6253
MFA No. 6763 of 2023
SHANKAR MUTT ROAD,
BENGALURU-560004
8. SMT. HEMAMALINI P
W/O LATE D.N. PADMAKUMAR
AGED ABOUT 69 YEARS
R/AT NO.111, LIG-29, 6TH CROSS,
A DASARAHALLI 2ND STAGE
KHB COLONY
BENGALURU-560079
9. N.S. RAJAKALA
D/O LATE D N SUMATHI KUMAR
AGED ABOUT 69 YEARS
R/AT NO.28/1, 1ST FLOOR,
RAMAKRISHAN STREET
SESHADRIPURAM
BENGALURU-560020
10. SMT. VIJAYA ANATHARAJ
W/O ANANTHRAJ
AGED ABOUT 68 YEARS,
R/AT NO.18, OM SAI NIVAS,
GROUND FLOOR,
BEHIND SWASTHIK COMPLEX
2ND MAIN ROAD,
SESHADRIPURAM
BENGALURU-560020
11. SMT.SHAKUNTALA R. CHIVATE
W/O RAJENDRA B. CHIVATE
AGED ABOUT 61 YEARS,
R/AT EKADANTA XEROX
BASAVANAGUDI MAIN BAZZAR
MUNDGOD, UTTARA KANNADA-591411
12. SMT. N M SUJATHA
W/O MANIKYA RAJU H V
D/O LATE D N MADAN KUMAR
AGED ABOUT 57 YEARS
R/AT FLAT NO.702-D BLOCK
STERLING TERRACES,
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NC: 2024:KHC:6253
MFA No. 6763 of 2023
100FT RING ROAD
5TH BLOCK, BSK 3RD STAGE
BENGALURU-560085
13. SRI N.M. HARSHA KATARI
S/O LATE D N MADAN KUMAR
AGED ABOUT 50 YEARS
R/AT NO.11, 5TH CROSS,
NAGAPPA STREET,
PALACE GUTTAHALLI
BENGALURU-560032
...RESPONDENTS
(BY SRI. V.V. GUNJAL, ADVOCATE FOR R1,
R2, R6, R8, R9, R10, 12 & R13;
R3, R4, R5, R7 & R11 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
PRAYING TO SET ASIDE THE ORDER DATED 30.09.2023
PASSED ON I.A. NO.2 AND 4 IN O.S.NO.4784/2018 ON THE
FILE OF THE XL ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, BENGALURU (CCH-41).
THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellants and learned
counsel for the respondents.
2. Learned counsel for the appellants/defendants
would submit that the Trial Court without giving an opportunity
has passed the order on I.A.Nos.2 and 4 and even not
considered the objection statement filed by the
appellants/defendants, though referred the same in the order.
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3. Learned counsel for the respondents/plaintiffs
would submit that the appellants/defendants have not co-
operated and even though applications are filed in 2019, order
was passed in 2023 and learned counsel for the
appellants/defendants has not argued the matter and the same
is also noted in the order itself.
4. Having heard the learned counsel for the appellants
and learned counsel for the respondents, it is not in dispute
that I.A.Nos.2 and 4 are pending consideration before the Trial
Court and the fact that those I.As are filed in 2019 is not
disputed. The Trial Court has passed the order on 23.11.2023
and has made an observation that said applications have been
resisted by way of objections by the appellants/defendants and
not discussed anything about the applications as well as the
statement of objections and committed an error in not passing
a speaking order and only observation is made is that this
Court upon going through the facts and circumstances of the
case tentatively opined that plaintiffs have made out a prima
facie case therefore, to meet the ends of justice the defendants
hereby restrained from interfering to the with the plaintiffs
NC: 2024:KHC:6253
construction or any alternation in respect of suit schedule
property till further orders.
5. Having considered this order, nothing is discussed
with regard to the case of the plaintiffs as well as the
defendants while disposing of the applications and the fact that
already objections are filed by the appellants herein is noted in
the order itself is not in dispute. When such being the case,
the Trial Court ought to have passed a well reasoned order and
the same has not been done. Hence, it requires interference to
set aside the order and remand the matter for consideration of
I.A.Nos.2 and 4 afresh, keeping in view the pleadings of the
plaintiffs as well as the defendants. The Presiding Officer shall
not adopt the callous attitude while passing the orders without
considering the matter on merits.
6. In view of the discussion made above, I pass the
following:
ORDER
(i) The appeal is allowed.
(ii) The impugned order dated 23.11.2023 is set aside
and the Trial Court is directed to consider I.A.Nos.2
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and 4 afresh, in view of the observations made by
this Court .
(iii) The appellants are directed to assist the Trial Court
in disposal of I.A.Nos.2 and 4, without seeking any
adjournment and the Trial Court is directed to
dispose of the applications within 15 days from the
date of appearance.
(iv) Both the counsels and their respective parties are
directed to assist the Trial Court in disposal of the
applications within 15 days and even if longer
adjournment is given, the learned counsel for the
respondents/plaintiffs is directed to advance the
case to 21.02.2024.
(v) The parties and their respective counsels are
directed to appear before the Trial Court without
expecting any notice on 21.02.2024 and the Trial
Court is directed to dispose of the applications
within 15 days from 21.02.2024.
(vi) The Registrar (Judicial) is directed to communicate
this order to the Presiding Officer, who passed the
impugned order for his corrections.
Sd/-
JUDGE
ST
