Karnataka High Court
Smt Arati vs Shri M Nagaraj on 19 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:6993
WP No. 2459 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 2459 OF 2024 (GM-CPC)
BETWEEN:
1. SMT. ARATI,
DAUGHTER OF LATE MR. MADHUSUDHAN
AGED ABOUT 59 YEARS
RESIDING AT NO. 22, 16TH CROSS
J. P. NAGAR, 5TH PHASE,
BENGALURU - 560 078.
2. SMT. KIRAN,
DAUGHTER OF LATE MR. MADHUSUDHAN
AGED ABOUT 57 YEARS
RESIDING AT NO. 76 KARISHMA HILLS
80 FT ROAD, GUBBALALA
BENGLAURU - 560 061.
3. SHRI. M. A. AVINASH
S/O LATE M. MADHUSUDHAN
AGED ABOUT 54 YEARS
R/AT NO.3/28, 47TH CROSS,
Digitally signed by 8TH BLOCK, JAYANAGAR,
VANDANA S
BENGALURU - 560 018,
Location: High
Court of Karnataka ...PETITIONERS
(BY SRI. SREEVATSA, SR. COUNSEL FOR
SMT. PARAVATHY R. NAIR, ADVOCATE)
AND:
1. SHRI M. NAGARAJ,
DEAD BY LRS.,
1a. SMT. BHAGYA NAGARAJ
AGED MAJOR,
WIFE OF LATE NAGARAJ,
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WP No. 2459 of 2024
1b. SRI. YASHWANTH NAGARAJ,
AGED ABOUT MAJOR
SON OF LATE NAGARAJ,
1c. SRI. AJAY NAGARAJ
AGED MAJOR,
SON OF LATE NAGARAJ,
1d. SRI. NAVEEN NAGARAJ,
AGED MAJOR,
SON OF LATE NAGARAJ
ALL ARE R/AT NO.71,
5TH MAIN ROAD, CHAMARAJPET
BENGALURU - 560 018.
2. SHRI. M. KRISHNAMURTHY
SON OF LATE D. R. MADHAVAKRISHNAIAH
AGED ABOUT 90 YEARS
R/AT NO. 73/1, V MAIN ROAD,
CHAMARAJPET
BENGALURU - 560 018.
3. SHRI M. MANOHAR,
SON OF LATE D. R. MADHAVAKRISHNAIAH
AGED ABOUT 79 YEARS
R/AT NO.71, V MAN ROAD,
CHAMARAJPET, BENGALURU - 560 018.
4. SHRI VENKATARAMAIAH
HUSBAND OF LATE M GOWRAMMA
MAJOR
5. SHRI B V SHRIDHAR
SON OF M VENKATARAMAIAH
AGED ABOUT 69 YEARS
6. SHRI. B. V. SRIKUMAR,
SON OF M VENKATARAMAIAH
AGED ABOUT 67 YEARS
RESPONDENTS 4-6 ARE
RESIDING AT NO. 63M "GAURI NIVAS",
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WP No. 2459 of 2024
5TH MAIN ROAD, CHAMARAJPET
BENGALURU - 560 018.
7. SMT. B V ANJANA DEVI
DAUGHTER OF SRI VENKATARAMAIAH
AGED ABOUT 65 YEARS
RESIDING AT NO. 566, 21ST MAIN RAOD,
JAYANAGARA, BENGALURU- 560 011.
8. SHRI. SRIKANTH
SON OF DR R. SRINIVASAIAH
AGED ABOUT 65 YEARS
RESIDING AT NO.31, GAVIPURAM
EXTENSION
BENGALURU - 560 011.
9. SHRI PRASHANTH
SON OF DR. R. SRINIVASIAH
AGED ABOUT 59 YEARS
R/AT NO. 31, GAVIPURAM EXTENSION
BENGALURU - 560 011.
10. SMT. K. KUSUMA
DAUGHTER OF LATE D R MAHAVAKRISHNAIAH,
WIFE OF R THIRUMALRAJ
MAJOR
RESIDING AT LIC MODEL HOUSING
CO - OPERATIVE SOCIETY
WEST OF CHORD ROAD,
BENGALURU - 560 010.
11. SMT. M. NANDADEVI,
DAUGHTER OF LATE D R MADHAVAKRISHNAIAH
WIFE OF RAMAMURTHY
MAJOR
RESIDING AT NO. 99, D/2
BULL TEMPLE ROAD,
BASAVANAGUDI,
BENGALURU - 560 019.
12. M/S T R MILLS PRIVATE LIMITED
REGISTERED OFFICE AT 5TH MAIN RAOD,
CHAMARAJPET, BENGALURU- 560 018.
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WP No. 2459 of 2024
13. M/S CHANDRA SPINNING AND
WEAVING MILLS (P) LIMITED
REGISTERED OFFICE AT 5TH MAIN ROAD
CHAMARAJPET
BENGALURU - 560 018
...RESPONDENTS
(BY SRI. S. SUBHASH AND SMT. SURABHI B.L.,ADVOCATE
FOR C/R2 AND R3 AND ALSO R1(A TO D))
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF
THE HONBLE TRIAL COURT DTD 21.12.2023 VIDE ANNEXURE-A IN
THE INTERIM APPLICATION FILED ON 31.10.2023 IN
MISCELLANEOUS PETITION NO.25134/2014 PENDING
CONSIDERATION ON THE FILE OF THE XXVIII ADDL. CITY CIVIL
SESSIONS JUDGE, MAYOHALL BENGALURU AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner is aggrieved by the impugned order
at Annexure - A dated 21.12.2023 passed by the XXVIII Addl. City
Civil and Sessions Judge, Mayo Hall Unit, Bangalore whereby the
application filed by the petitioner under Section 151 CPC,
restraining the respondents from alienating, encumbering and
creating any third party rights over the suit schedule properties and
to maintain status-quo in respect of the suit schedule properties
was rejected by the Trial Court.
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2. A perusal of the material on record will indicate that the
deceased respondent No.1-M.Nagaraj who is represented by his
wife and children instituted a suit in O.S.No.10363/1987 for
partition and separate possession of his alleged share in he suit
schedule immovable properties comprising of immovable and
movable of A,B,C and D schedule properties. In the said suit, one
Mr.Madusudhan was arrayed as defendant No.2 and he entered
appearance and contested the suit. However, upon his demise,
the petitioners were brought on record as his heirs and LRs. It is
contended that the petitioners were not served with notice or suit
summons in the said suit which culminated in the judgment and
decree dated 24.05.2005 in favour of the plaintiffs. Subsequently,
on 20.07.2014, petitioners filed the instant Miscellaneous petition
seeking setting aside of the said judgment and decree passed by
the Trial Court. The said miscellaneous petition is being contested
by the respondents herein.
3. During the pendency of the petition, the petitioners filed
the instant application seeking a direction to the respondents to
maintain status-quo and not to alienate, encumber or create any
third party rights over the suit schedule properties. The said
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application having been opposed by the respondents, the Trial
Court proceeded to pass the impugned order rejecting the
application, aggrieved by which the petitioners are before this Court
by way of the present petition.
4. Though several contentions having been urged by both
sides in the present petition as well as in Misc.No.25134/2014,
learned Senior counsel for he petitioners on instructions submits
that the limited request of the petitioners in the present petition is
for a direction to the LRs of deceased respondent No.1-M.Nagaraj
not to alienate, encumber or create any third party rights over Item
No.1 of the plaint A schedule property bearing No.71, 5th main
road, Chamarajpet, Bangalore - 560018, till disposal of the
miscellaneous petition within a stipulated time frame.
5. Per contra, learned counsel for the LRs of respondent
No.1 submits that there is no merit in the petition and the same is
liable to be dismissed.
6. A perusal of the impugned order will indicate that the said
Misc. Petition is posted before the Trial Court on 01.03.2024.
Under these circumstances, without expressing any opinion on the
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merits/demerits on rival contentions, I deem it just and appropriate
to dispose of this petition by modifying the impugned order and by
directing only the petitioners and the legal representatives of
respondent No.1 not to alienate, encumber or create any third party
rights over the schedule A property till the disposal of the Misc.No.
25134/2014 in accordance with law. The Trial Court is directed to
dispose of Misc.No.25134/2014 on or before by 31.07.2024.
7. Subject to the aforesaid directions, the petition stands
disposed of.
SD/-
JUDGE
DHA
