Smt Soumya H S vs Smt Sahana H S
2024 Latest Caselaw 26931 Kant

Karnataka High Court

Smt Soumya H S vs Smt Sahana H S on 11 November, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                                 -1-
                                                            NC: 2024:KHC:45695
                                                       MFA No. 4209 of 2022




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO.4209 OF 2022 (CPC)

                   BETWEEN:

                   1.    SMT. SOUMYA H.S.,
                         D/O H.P.SHANKARAPPA,
                         AGED ABOUT 35 YEARS,
                         R/O SHARADANAGAR,
                         POST: SHRINGERI,
                         TALUK: SHRINGERI-577 139.
                                                                   ...APPELLANT

                             (BY SRI. VASANTHAKUMAR K.M., ADVOCATE)

                   AND:

                   1.    SMT. SAHANA H.S.,
                         D/O H.P. SHANKARAPPA,
                         AGED ABOUT 39 YEARS,
Digitally signed         HARIHARAPURA POST,
by DEVIKA M
Location: HIGH
                         KOPPA TALUK-577126.
COURT OF
KARNATAKA          2.    SOUDHAMINI H.S.,
                         D/O H P SHANKARAPPA,
                         AGED ABOUT 37 YEARS,
                         HARIHARAPURA POST,
                         KOPPA TALUK-577126.

                   3.    SMT. SAVITHRAMMA,
                         W/O H.P. SHANKARAPPA,
                         AGED ABOUT 65 YEARS,
                         HARIHARAPURA (VILLAGE AND POST),
                         KOPPA TALUK-577126.

                   4.    VASUDEVA H.P.,
                         S/O LATE PUTTEGOWDA,
                             -2-
                                    NC: 2024:KHC:45695
                                  MFA No. 4209 of 2022




     AGED ABOUT 67 YEARS,
     AMBEDKAR VEEDI,
     UPPARAPETE, KOPPA,
     KOPPA TALUK-577 126.

5.   RAMANNA,
     S/O LATE PUTTEGOWDA,
     AGED ABOUT 64 YEARS,
     HULLUMAKKI, KOPPA POST,
     KOPPA TALUK-577 126.

6.   SMT. JAYALAKSHMI,
     W/O SRINIVASA GOWDA,
     AGED ABOUT 62 YEARS,
     MEGHALAMANE, BELAGOLA.

7.   H.P. CHANDRASHEKAR,
     D/O LATE PUTTEGOWDA,
     AGED ABOUT 59 YEARS,
     OCC: ATTENDER,
     ROOM NO.152, 2ND FLOOR,
     VIDHANA SOUDHA,
     BENGALURU-560 001.

8.   SMT. VANAJAKSHI,
     W/O SHANTHARAJ,
     AGED ABOUT 57 YEARS,
     KADEEMANE VASI,
     SUKTHA POST,
     GUBBIGA GRAMA,
     N.R.PURA TALUK.

9.   H.P. MANJUNATHA,
     S/O PUTTEGOWDA,
     AGED ABOUT 55 YEARS,
     SHRINGERI ROAD,
     HARIHARAPURA POST,
     KOPPA TALUK.

10. N.K. SATISHA,
    S/O KALASAPPA NAIK,
    AGED ABOUT 60 YEARS,
    AGRICULTURIST,
    DODDA TOOTAVASI,
                               -3-
                                            NC: 2024:KHC:45695
                                         MFA No. 4209 of 2022




     NILUVAGILU GRAMA,
     KOPPA TALUK.
                                                ...RESPONDENTS

              (VIDE ORDER DATED 28.03.2023,
          NOTICE TO R1 TO R9 IS DISPENSED WITH;
     SRI. SANTHOSH S. NAGARALE, ADVOCATE FOR R10)

     THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W
SECTION 151 OF CPC, AGAINST THE ORDER DATED
22.04.2022 PASSED ON I.A.NO.XIV IN O.S.NO.08/2019 ON THE
FILE OF THE SENIOR CIVIL JUDGE AND JMFC, N.R.PURA,
ITINERATE AT KOPPA, DISMISSING THE I.A.XIV FILED UNDER
ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.

    THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR JUSTICE H.P.SANDESH

                       ORAL JUDGMENT

Heard the learned counsel for the appellant and the

learned counsel for respondent No.10.

2. This miscellaneous first appeal is filed against the

order dated 22.04.2022 passed on I.A.No.XIV in O.S.No.8/2019

rejecting the application filed under Order 39 Rules 1 and 2 read

with Section 151 of CPC, wherein prayer is sought to restrain

defendant No.10, his agents from alienating, destroy or alter the

suit item Nos.1 to 3 by making plots.

3. The learned counsel for respondent No.10 submits

that they are not going to change the nature of the property or

alienate item Nos.1 to 3 of the property by making plots.

NC: 2024:KHC:45695

4. In view of the undertaking given by the learned

counsel for respondent No.10, this appeal does not survive for

consideration. Hence, the miscellaneous first appeal is disposed

of.

Sd/-

(H.P.SANDESH) JUDGE

MD