Karnataka High Court
Smt Sujayalakshmi vs Smt M B Sujatha on 18 August, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2025:KHC:31719
MFA No. 3587 of 2019
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.3587 OF 2019 (CPC)
BETWEEN:
SMT. SUJAYALAKSHMI
W/O A C CHANDREGOWDA,
AGED ABOUT 55 YEARS,
R/AT NO.665, TRIVENI ROAD,
YESHWANTHAPURA,
BENGALURU - 560 022
...APPELLANT
(BY SRI. SUNIL S.RAO, ADVOCATE FOR
SRI. T SESHAGIRI RAO, ADVOCATE)
AND:
1. SMT M B SUJATHA
W/O H VASANTH KUMAR,
Digitally AGED ABOUT 31 YEARS,
signed by R/AT NO.665/B, TRIVENI ROAD,
RAMYA D YESHWANTHAPURA,
Location: BENGALURU - 560 022.
HIGH COURT
OF 2. SMT SHOBHA
KARNATAKA W/O LATE NAGARAJU,
AGED ABOUT 42 YEARS,
3. SRI SUNIL
S/O LATE NAGARAJU,
AGED ABOUT 22 YEARS,
4. KUMARI MEGANA
D/O LATE NAGARAJU,
AGED ABOUT 21 YEARS,
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NC: 2025:KHC:31719
MFA No. 3587 of 2019
HC-KAR
RESPONDENT NOS.2 TO 4 ARE
RESIDING AT JALEGERE VILLAGE,
THIPPURU POST, SASALU HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT.
5. SMT H VIJAYALAKSHMI
W/O R SUBBARAYAPPA,
AGED ABOUT 63 YEARS,
R/AT NO.155, 12TH B CROSS,
2ND B MAIN, YELAHANKA NEW TOWN,
BENGALURU - 560 064
6. SRI KESHAVAMURTHY
S/O LATE HANUMEGOWDA,
AGED ABOUT 60 YEARS,
7. SRI H VASANTH KUMAR
S/O LATE HANUMEGOWDA,
AGED ABOUT 57 YEARS,
RESPONDENT NOS.6 & 7 ARE
RESIDING AT NO.575,
11TH MAIN ROAD,
JAYANAGAR, 5TH BLOCK,
BENGALURU - 560 041
8. SRI BHIMESH
S/O HONNARAPPA,
AGED ABOUT 45 YEARS,
R/AT NERIGA, KUGURU,
ANEKAL, BENGALURU - 562 125
9. SMT DEEPA
W/O A SHASHIKIRAN,
AGED ABOUT 34 YEARS,
R/AT BELADINAGALU J.B COLONY,
MAVASANDRA MAYASANDRA,
BENGALURU - 562 107
...RESPONDENTS
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NC: 2025:KHC:31719
MFA No. 3587 of 2019
HC-KAR
(BY SRI. S V SHASTRI AND SRI. RAVINDRANATH K,
ADVOCATES FOR C/R1)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED
18.03.2019, PASSED BY THE XLII ADDITIONAL CITY CIVIL &
SESSIONS JUDGE, BENGALURU CITY (CCH-43) ON IA.NO.1 & 3
IN O.S. NO.5815/2018 AND PASS AN APPROPRIATE ORDER TO
REJECT IA NO.1 BY ALLOWING THE ABOVE APPEAL WITH
COST. ETC
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The appeal is filed by the defendant No.5. The suit is
filed for partition and separate possession. The trial Court
has allowed the application - I.A.No.I filed under Order
XXXIX Rule 1 and 2 read with Section 151 of CPC filed by
the plaintiff restraining the defendant Nos.4 to 6, their
assignees and/or anybody claiming under them from
interfering with plaintiff's peaceful possession and
enjoyment of 'A' schedule property and alienating 'A' to 'D'
schedule properties.
NC: 2025:KHC:31719
HC-KAR
2. It is submitted that now the matter is for cross-
examination of defendant No.7 and the suit would be
disposed of within few months. The appellant is defendant
No.5 and the counsel for the appellant submitted that
defendant No.5 desires to make some improvements on
the 'A' schedule property. Though it is contended that the
'A' schedule property is self acquired property but that is
matter for trial in the suit before the trial Court. If that be
so, defendant No.5 - appellant is permitted to make
improvement/modification subject to condition that 'A'
schedule property should not be demolished and without
disturbing the access of the plaintiff wherein the plaintiff is
in possession in the first floor. With these observations,
the appeal is disposed of.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MH/-
