Karnataka High Court
S.Munirajaiah vs S.Bylappa on 30 July, 2024
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MFA No. 2758 of 2014
C/W MFA No. 2759 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
MISCELLANEOUS FIRST APPEAL NO. 2758 OF 2014 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2759 OF 2014 (CPC)
IN MISCELLANEOUS FIRST APPEAL NO. 2758 OF 2014 (CPC)
BETWEEN:
S.MUNIRAJAIAH
S/O LATE UJJINAPPA,
AGED ABOUT 53 YEARS,
R/A SHYMABATTARAPALYA,
RAILWAY GOLLAHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
...APPELLANT
(BY SRI. SIDDHARTH B MUCHANDI, ADVOCATE)
Digitally AND:
signed by
MEGHA
MOHAN 1. S.BYLAPPA
Location: S/O LATE SANNABYLAPPA,
HIGH @ DODDABYLAPPA,
COURT OF R/AT HONNASANDRA VILLAGE,
KARNATAKA MATHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK.
2. DODDABOMMAIAH
S/O LATE KABBALAIAH,
AGED ABOUT 85 YEARS,
SINCE DECEASED REPRESENTED BY HIS LRS
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RESPONDENTS NO.3 TO 6.
3. GANGABYLAPPA
S/O DODDABOMMAIAH,
AGED ABOUT 60 YEARS,
4. KABALAMMA
D/O DODDABOMMAIAH,
AGED ABOUT 56 YEARS,
DEFENDANT NOS.2 TO 4 ARE
R/AT SHYMABATTARAPALYA VILLAGE,
RAILWAY GOLLAHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
5. KARIYAMMA
W/O UJJINAPPA,
D/O DODDABOMMAIAH,
AGED ABOUT 54 YEARS,
R/AT:BETTANAGERE (DODDIPLAYA) VILLAGE
HUSKUR POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
6. NARAYANAPPA
S/O DODDABOMMAIAH,
AGED ABOUT 50 YEARS,
R/AT SHYMABATTARAPALYA VILLAGE,
RAILWAY GOLLAHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
7. NEELAMMA
D/O LATE GANGAPPA,
W/O HANUMANTHARAYAPPA,
AGED ABOUT 40 YEARS,
R/AT:HONNSANDRA VILLAGE,
MATHALLI POST,
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MFA No. 2758 of 2014
C/W MFA No. 2759 of 2014
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
8. GANGABALAIAH
S/O LATE BYLAPPA @ AMMAIAH,
R/AT:BETTANAGERE (DODDIPALYA)
VILLAGE,
HUSKUR POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
9. SIDDAMMA
W/O NARAYANAPPA,
D/O LATE UJJINAPPA,
R/AT BETTANAGERE (DODDIPLAYA)
VILLAGE,
HUSKUR POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
10. H JAYAMMA
W/O SIDDAPPA,
D/O LATE UJJINAPPA,
R/AT NO.12,
MAHADESHWARANAGAR,
SUNKADAKATTE,
BANGALORE-560 091
11. HARINA DEVELOPERS PVT LTD
A REGISTERED COMPANY
HAVING ITS OFFICE AT
NO.47/10/01,
6TH CROSS,10TH MAIN,
BANASHANKARI 2ND STAGE,
BANGALORE-560 085
12. HANUMANTHA RAYAPPA
S/O S BYLAPPA,
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13. BHAVYA
D/O HANUMANTHA RAYAPPA,
14. MANJULA
D/O HANUMANTHA RAYAPPA,
15. BASAVARAJU
S/O S BYLAPPA,
16. BHAGYAMMA
W/O BASAVARAJU,
17. BEERAMMA
D/O LATE SIDDAGANGAIAH,
18. GANGAMMA @ MUNIRATHNAMMA
D/O LATE SIDDAGANGAIAH,
PROPOSED DEFENDANTS NO.12 TO 18
ARE RESIDING AT:
HONNASANDRA VILLAGE,
MATHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
...RESPONDENTS
(BY SRI. PREREET JAIN FOR SRI. P MAHESHA, ADVOCATE FOR R-8;
R-1, R-3, R-4,R-5, R-6, R-7, R-9, R-11, R-12, R-13, R-15, R-16 ARE
SERVED AND UN-REPRESENTED; R-3 TO R-6 ARE LRS. OF
DECEASED R-2 VIDE ORDER DT.10.10.2019; VIDE ORDER
DT.17.02.2020, SERVICE OF NOTICE TO R-14, R-17 AND R-18 IS
HELD SUFFICIENT; VIDE ORDER DT.23.07.2024, SERVICE OF
NOTICE TO R-10 IS DISPENSED WITH)
***
THIS MFA IS FILED U/O 43 RULE 1(R) OF THE CODE OF CIVIL
PROCEDURE,1908, PRAYING TO ALLOW THE APPEAL, SET ASIDE THE
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MFA No. 2758 of 2014
C/W MFA No. 2759 of 2014
ORDER DATED 02.01.2014 PASSED ON I.A.NO.1 IN O.S
NO.214/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
J.M.F.C., AT NELAMANGALA, DISMISSING I.A.NO.1 FILED BY THE
APPELLANT U/O 39 RULES 1 & 2 OF CPC. ETC.
IN MISCELLANEOUS FIRST APPEAL NO. 2759 OF 2014 (CPC)
BETWEEN:
S.MUNIRAJAIAH
S/O LATE UJJINAPPA,
AGED ABOUT 53 YEARS,
R/A SHYMABATTARAPALYA,
RAILWAY GOLLAHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
...APPELLANT
(BY SRI. SIDDHARTH B MUCHANDI, ADVOCATE)
AND:
1. S.BYLAPPA
S/O LATE SANNABYLAPPA,
@ DODDABYLAPPA,
R/AT HONNASANDRA VILLAGE,
MATHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK.
2. DODDABOMMAIAH
S/O LATE KABBALAIAH,
AGED ABOUT 85 YEARS,
SINCE DECEASED REPRESENTED BY HIS LRS
RESPONDENTS NO.3 TO 6.
3. GANGABYLAPPA
S/O DODDABOMMAIAH,
AGED ABOUT 60 YEARS,
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4. KABALAMMA
D/O DODDABOMMAIAH,
AGED ABOUT 56 YEARS,
DEFENDANT NOS.2 TO 4 ARE
R/AT SHYMABATTARAPALYA VILLAGE,
RAILWAY GOLLAHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
5. KARIYAMMA
W/O UJJINAPPA,
D/O DODDABOMMAIAH,
AGED ABOUT 54 YEARS,
R/AT:BETTANAGERE (DODDIPLAYA) VILLAGE
HUSKUR POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
6. NARAYANAPPA
S/O DODDABOMMAIAH,
AGED ABOUT 50 YEARS,
R/AT SHYMABATTARAPALYA VILLAGE,
RAILWAY GOLLAHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
7. NEELAMMA
D/O LATE GANGAPPA,
W/O HANUMANTHARAYAPPA,
AGED ABOUT 40 YEARS,
R/AT:HONNSANDRA VILLAGE,
MATHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
8. GANGABALAIAH
S/O LATE BYLAPPA @ AMMAIAH,
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MFA No. 2758 of 2014
C/W MFA No. 2759 of 2014
R/AT:BETTANAGERE (DODDIPALYA)
VILLAGE,
HUSKUR POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
9. SIDDAMMA
W/O NARAYANAPPA,
D/O LATE UJJINAPPA,
R/AT BETTANAGERE (DODDIPLAYA)
VILLAGE,
HUSKUR POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
10. H JAYAMMA
W/O SIDDAPPA,
D/O LATE UJJINAPPA,
R/AT NO.12,
MAHADESHWARANAGAR,
SUNKADAKATTE,
BANGALORE-560 091
11. HARINA DEVELOPERS PVT LTD
A REGISTERED COMPANY
HAVING ITS OFFICE AT
NO.47/10/01,
6TH CROSS,10TH MAIN,
BANASHANKARI 2ND STAGE,
BANGALORE-560 085
12. HANUMANTHA RAYAPPA
S/O S BYLAPPA,
13. BHAVYA
D/O HANUMANTHA RAYAPPA,
14. MANJULA
D/O HANUMANTHA RAYAPPA,
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MFA No. 2758 of 2014
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15. BASAVARAJU
S/O S BYLAPPA,
16. BHAGYAMMA
W/O BASAVARAJU,
17. BEERAMMA
D/O LATE SIDDAGANGAIAH,
18. GANGAMMA @ MUNIRATHNAMMA
D/O LATE SIDDAGANGAIAH,
PROPOSED DEFENDANTS NO.12 TO 18
ARE RESIDING AT:
HONNASANDRA VILLAGE,
MATHALLI POST,
DASANAPURA HOBLI,
BANGALORE NORTH TALUK
...RESPONDENTS
(R-1, R-3, R-4, R-5, R-6, R-7, R-9, R-11, R-12, R-13, R-15, R-16 ARE
SERVED AND UN-REPRESENTED; R-3 TO R-6 ARE LRS. OF
DECEASED R-2 VIDE ORDER DT.20.08.2019; VIDE ORDER
DT.20.08.2019, SERVICE OF NOTICE TO R-10, R-14, R-17 AND R-18
IS DISPENSED WITH)
***
THIS MFA IS FILED U/O 43 RULE 1(R) OF THE CODE OF CIVIL
PROCEDURE,1908, PRAYING TO ALLOW THE APPEAL, SET ASIDE THE
ORDER DATED 02.01.2014 PASSED ON I.A.NO.13 IN O.S
NO.214/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
J.M.F.C., AT NELAMANGALA, DISMISSING I.A.NO.1 FILED BY
RESPONDENT NO.8 U/O 39 RULE 4 OF CPC. ETC.
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MFA No. 2758 of 2014
C/W MFA No. 2759 of 2014
THESE MFAs, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
The present appeals are filed aggrieved by the
common order passed on I.A.No.1 and I.A.No.13 dated
02.01.2014 in O.S.No.214/2011 by the Senior Civil Judge and
JMFC at Nelamangala. The present appeals are filed by the
plaintiff in the suit. The suit is filed for partition and separate
possession. In that, the plaintiff had filed I.A.No.1 under Order
XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908.
Thereafter, the respondent No.8 herein who was the defendant
No.8 in the suit had filed I.A.No.13 under Order XXXIX, Rule 4
of the CPC to vacate the ex-parte order. The Trial Court had
dismissed I.A.No.1 filed by the appellant with costs and
allowed I.A.No.13 filed by the respondent No.8/defendant No.8.
Aggrieved thereby, the plaintiff is before this Court.
2. The suit is filed in the year 2011. Now, after more
than ten years, the matter is coming up before this Court and
the plaintiff never had any injunction in his favour. Considering
all these facts, without going into the merits of the matter, this
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Court deems it appropriate to direct the Trial Court to dispose
of the pending suit, as early as possible, but not later than six
months from the date of receipt of a copy of this judgment.
3. Accordingly the appeals stand disposed off.
All IAs., if any, in both the appeals shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
BMV*
