Karnataka High Court

Sri Srinivas S Gowda vs Smt Hemalatha M on 26 February, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                      WP No. 5763 of 2024




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                      BEFORE
                   THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                     WRIT PETITION NO. 5763 OF 2024 (GM-CPC)
            BETWEEN:
            1.   SRI SRINIVAS S GOWDA
                 S/O LATE SANJEEVAIAH
                 AGED ABOUT 67 YEARS

            2.   SRI H S PADMARAJU
                 S/O LATE SANJEEVAIAH
                 AGED ABOUT 59 YEARS

                 BOTH THE PETITIONERS
                 R/A NO.15, GAYATHRI H B C S LAYOUT
                 NEAR SHANKAR MUTT
                 BASAVESHWARANAGARA
                 BENGALURU-560 079.
                                                           ...PETITIONERS
            (BY SRI. RAJESWARA P N.,ADVOCATE)
            AND:
Digitally
signed by
VANDANA S   1.   SMT HEMALATHA M
                 D/O LATE S MUDDAVEERAPPA
Location:
HIGH             AGED ABOUT 54 YEARS
COURT OF         R/A NO.456, 10TH MAIN,
KARNATAKA        3RD STAGE, 4TH BLOCK
                 WEST OF CHORD ROAD
                 BENGALURU-560 079.

            2.   SRI K M LOKESH
                 S/O K MALLAIAH
                 AGED ABOUT 48 YEARS
                 R/A MYLARALINGESWARA NILAYA
                 P AND T SUB ROAD
                 HOLALUKERE MAIN ROAD
                 CHITRADURGA DISTRICT-577 526.
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                                                    NC: 2024:KHC:7833
                                                WP No. 5763 of 2024




3.   SMT K B JAYAMMA
     W/O LATE A T DASAPPA
     AGED ABOUT 60 YEARS
     R/A NO.689, NEAR NETHRAVATHI HOTEL
     ANJANEYA BADAVANE
     DAVANAGERE-577 001.
                                                      ...RESPONDENTS
(BY SRI. S. NAGARAJA.,ADVOCATE FOR C/R-1)
      THIS W.P IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER
DTD. 14.02.2024 PASSED BY THE HONBLE XXXIII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, (CCH-33) BENGALURU AT ANNX-A
ON THE APPLICATION DTD. 14.12.2024 IN O.S.NO.4938/2018 FILED
BY THE PETITIONERS UNDER SECTION 151 OF THE CODE OF
CIVIL PROCEDURE, 1908 AT ANNX-J AND CONSEQUENTLY.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                                ORDER

In this petition, petitioner seeks the following reliefs:

"a. SET ASIDE, the Order dated 14.02.2024 passed by the Hon'ble XXXIII Addl. City Civil and Sessions Judge, (CCH-

33) Bengaluru at Annexure-A on the Application dated 14.12.2024 in O.S.No.4938/2018 filed by the Petitioners under Section 151 of the Code of Civil Procedure, 1908 at Annexure-J; and consequently

b. Allow, the Application dated 14.12.2024 filed by the petitioners under Section 151 of Code of Civil Procedure, 1908 (Annexure-J) before the Hon'ble Court of XXXIII Addl.

City Civil and Sessions Judge, (CCH-33) Bengaluru; and

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c. Pass such other order/s including the award of costs, as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of just and equity."

2. Though several contentions have been urged by both

sides in support of their respective claims, it is relevant to state that

in the earlier round of litigation in MFA No.1833/2019 dated

05.07.2021 arising out of the instant suit between the very same

parties, this Court passed the following order:

"This appeal by the defendants in O.S.No.4938/2018 is directed against the impugned order dated 22.02.2019 passed on I.A.No.1 by the XXXIII Addl. City Civil and Sessions Judge, Bengaluru, whereby the said application for temporary injunction filed by respondent No.1 - plaintiff against the defendants restraining them from interfering with her peaceful possession and enjoyment of the suit schedule immovable property was allowed by the trial court.

2. Heard Sri.P.N.Rajeshwara, learned counsel for the appellants and Sri.S.Sreevatsa, learned Senior counsel for respondent No.1 and perused the material on record.

3. Though several contentions have been urged by both sides in support of their respective claims, having regard to the contentious issues and disputed questions of fact and law that arise for consideration in the suit in relation to the suit schedule immovable property, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and proper to dispose of this appeal by

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modifying the impugned order and directing the trial court to dispose of the suit within a stipulated timeframe and by making certain interim arrangements which shall remain in force during the pendency of the suit.

4. In the result, I pass the following:-

ORDER

(i) Appeal is hereby disposed of.

(ii) The impugned order dated 22.02.2019 passed on I.A.No.1 in O.S.No.4938/2018 by the 33rd Addl. City Civil and Sessions Judge, Bangalore, is hereby modified by making the following interim arrangement:-.

(a) Both parties are directed to maintain status-quo in all respects in respect of the plaint schedule property till the disposal of the suit.

(b) All rival contentions between the parties are kept open and no opinion is expressed on the same.

(c) This order is made without prejudice to the rights and contentions of the parties in respect of any other litigation pending between the parties before any other court, forum or any authority.

(d) The trial court is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order without being influenced by the observations and findings recorded in the impugned order."

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3. Subsequently, in WP.No.11414/2022 dated 26.06.2023

again arising out of the instant suit, this Court passed the following

order:

"This petition is directed against the impugned order dated 26.05.2022 passed in O.S.No.4938/2018 by the XXXIII Addl. City Civil & Sessions Judge, Bengaluru, whereby the application filed by the petitioners - defendant Nos.1 and 2 under Sections 10 r/w 151 CPC seeking stay of the said suit till disposal of O.S.No.1717/1998 which was pending adjudication before the City Civil Court, Bengaluru, was rejected by the trial Court.

2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.

3. The material on record discloses that the respondent No.1 - plaintiff instituted the aforesaid suit in O.S.No.4938/2018 against the petitioners - defendant Nos.1 and 2 and respondent Nos.2 and 3 - defendant Nos.3 and 4 for permanent injunction and other reliefs in relation to the suit schedule immovable property. The said suit is being contested by the petitioners - defendants. During the pendency of the said suit, petitioners - defendants filed the instant application seeking stay of the trial of the suit till disposal of an earlier suit in O.S.No.1717/1998, which was pending before the trial Court in relation to the very same suit schedule property. The said application having been

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opposed by the respondent No.1 - plaintiff, 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. A perusal of the material on record including the impugned order will indicate that the trial Court has come to the conclusion that since the parties to the present suit in O.S.No.4938/2018 were not parties to the earlier suit in O.S.No.1717/1998, which was pending adjudication as on the date of the impugned order, Section 10 CPC cannot be invoked by the petitioners, who seek stay of the instant suit. In this context, it is relevant to state that the said suit in O.S.No.1717/1998 came to be dismissed by the trial Court vide judgment and decree dated 29.11.2022 during the pendency of the present petition. Aggrieved by the same, the plaintiffs in the said suit have preferred an appeal in RFA No.2196/2022 which is pending before the Hon'ble Division Bench of this Court. Under these circumstances, I am of the view that the impugned order deserves to be modified by directing the trial Court to proceed further and dispose of the instant O.S.No.4938/2018 in accordance with law and issue certain additional directions in this regard.

5. In the result, I pass the following:

ORDER

(i) Petition is hereby disposed of modifying the impugned order dated 26.05.2022 passed by the trial Court.

(ii) The trial Court is directed to proceed further and dispose of the present suit in O.S.No.4938/2018 on the

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file of XXXIII Addl. City Civil and Sessions Judge, Bangalore, in accordance with law after providing sufficient and reasonable opportunity to all parties.

(iii) It is further directed that upon disposal of the suit in O.S.No.4938/2018 by the trial Court as stated supra, the final judgment and decree to be passed in the suit shall be kept in / remain in abeyance for a period of three months from the date of disposal so as to enable the aggrieved party to prefer an appeal against the judgment and decree to be passed by the trial Court in the said suit.

(iv) The trial Court is also directed to dispose of the suit in O.S.No.4938/2018 on merits as expeditiously as possible and at any rate on or before 21.12.2023.