Karnataka High Court
Sri Channappa vs Sri Papanna on 2 September, 2024
-1-
NC: 2024:KHC:35701
MFA No. 4014 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
M.F.A. NO. 4014 OF 2024 (CPC)
BETWEEN:
SRI. CHANNAPPA
S/O. LATE MUNIYAPPA,
AGED ABOUT 60 YEARS,
R/AT ITTAGALAPURA VILLAGE,
HESARAGHATTA HOBLI,
YALAHANKA TALUK,
BENGALURU DISTRICT-560 064.
...APPELLANT
(BY SRI. RAJASHEKAR S., ADVOCATE)
AND:
1. SRI. PAPANNA
Digitally S/O. LATE MUNISHAMAPPA,
signed by
MEGHA AGED ABOUT 70 YEARS,
MOHAN R/AT ITTAGALAPURA VILLAGE,
Location: HESARAGHATTA HOBLI,
HIGH COURT
OF BENGALURU NORTH TALUK.
KARNATAKA
2. SMT. MUNIYAMMA
W/O. LATE PILLADODDA,
AGED ABOUT 70 YEARS,
R/AT ITTAGALAPURA VILLAGE,
HESARAGHATTA HOBLI,
BENGALURU NORTH TALUK.
-2-
NC: 2024:KHC:35701
MFA No. 4014 of 2024
3. SRI. YOGESH
S/O. L. SAMPANGI,
AGED ABOUT 37 YEARS,
R/AT NO. 333, 1ST FLOOR,
ASHIRWAD 'A' SECTOR,
YELAHANKA NEW TOWN,
BENGALURU-560 064.
...RESPONDENTS
(BY SRI. DILLI RAJAN, ADV. FOR
SRI. THIRTHA PRASAD, ADVOCATE)
MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE
ORDER DT.20.02.2024 PASSED IN O.S.NO.1499/2015 ON THE
FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU
RURAL DISTRICT, ALLOWING IA NO.7 FILED U/O.39 RULE 1
AND 2 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL JUDGMENT
Being aggrieved by the orders passed in I.A.No.7 in
O.S.No.1499/2015 dated 20.02.2024, defendant No.3,
who is a subsequent purchaser, is before this Court.
2. The suit is filed seeking declaration and
permanent injunction against defendant Nos.1 and 2.
NC: 2024:KHC:35701
During pendency of the said injunction and the pendency
of the suit, defendant No.2 has alienated the property in
favour of defendant No.3 and now the present IA came to
be filed stating that defendant No.3 is putting up
construction and he sought for an injunction. The plaintiff
has sought for an injunction restraining the defendants
from raising the structures. Then, an order was passed
restraining defendant No.3 from putting up construction in
the suit schedule property, till the disposal of the suit.
3. When the matter came up for admission,
learned counsel appearing for defendant No.3/appellant
herein submits that he had no opportunity to put forth his
case before the trial Court and there was no occasion for
the trial Court to consider the case of defendant No.3 and
granted injunction. He submits that defendant No. 3, who
is appellant herein may be permitted to file his written
statement and his objections to the IA. It is submitted that
in the true facts, all the facts were not brought to the
notice of the Court. Hence, an opportunity may be given to
NC: 2024:KHC:35701
defendant No.3 to file his objections and also a written
statement. Thereafter, the Court may consider the
application of the plaintiff i.e., I.A.No.7 afresh. Till such
time, there may be an order of injunction restraining
defendant No.3/appellant herein from putting up the
construction in the suit property, may be continued.
Learned counsel for defendant No.3 had filed the
photographs before this Court stating that now they have
laid the pillars for the second floor. The said photographs
are taken on record. Learned counsel for the appellant also
submits that is the construction put forth so far, so there
shall not be any further construction.
4. Learned counsel for the plaintiff submits that he
has no objection for such an order.
5. Considering the submission on behalf of both
the parties, this Court is passing the following:
NC: 2024:KHC:35701
ORDER
(i) The impugned order passed on I.A.No.7 in
O.S.No.1499/2015 dated 20.02.2024 by the I
Addl. Senior Civil Judge at Bengaluru Rural
District, Bengaluru, is set aside and the matter is
remanded to the trial Court.
(ii) Defendant No.3 is at liberty to file his written
statement and his objections to I.A.No.7 and
after that, the Court shall consider the I.A. No.7
afresh
(iii) Till the said application is decided by the trial
court, there shall be an injunction restraining the
appellant/defendant No.3 from putting up any
construction.
(iv) Registry shall send the entire records along with
the photographs that are filed before this Court,
to the trial Court.
(v) After filing of all the necessary applications, the
trial Court shall decide I.A.No.7 within a period
NC: 2024:KHC:35701
of 3 months from the date of filing all the
relevant documents before this Court.
All pending IAs. in this appeal shall stand closed.
. SD/-
(LALITHA KANNEGANTI)
JUDGE
KA
