Karnataka High Court
Smt Pushpa vs Sri Venkatachala Reddy on 7 January, 2025
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2025:KHC:324
MFA No. 7902 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
MISCELLANEOUS FIRST APPEAL NO. 7902 OF 2024 (CPC-)
BETWEEN:
SMT. PUSHPA
D/O LATE. KONDA REDDY,
W/O S.R. GOPAL REDDY,
AGED ABOUT 66 YEARS,
R/AT NO.78,
SORAHUNASE VILLAGE VARTHUR POST,
BENGLAURU EAST TALUK,
BENGLAURU DISTRICT - 560 087.
...APPELLANT
(BY SRI. ANANDA K., ADVOCATE)
Digitally signed by
VEDAVATHI A K AND:
Location: High
Court of
Karnataka
1. SRI. VENKATACHALA REDDY
S/O LATE. KONDA REDDY,
AGED ABOUT 64 YEARS,
R/AT NO. 29,
KYALASANAHALLI VILLAGE,
K.R. PURA HOBLI,
BENGLAURU EAST TALUK,
BENGALURU DISTRICT - 560 077.
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MFA No. 7902 of 2024
2. SRI. NARAYANASWAMY @
NARAYANA REDDY,
S/O LATE KONDA REDDY,
AGED ABOUT 57 YEARS,
R/AT 17/17,
NANDANA LAYOUT,
KYALASANAHALLI VILLAGE,
K.R. PURA HOBLI,
BENGLAURU EAST TALUK,
BENGALURU DISTRICT - 560 077.
3. SRI. LINGA REDDY,
S/O LATE. KONDA REDDY,
AGED ABOUT 54 YEARS,
R/AT NO. 25,
KYALASANAHALLI VILLAGE,
K.R. PURA HOBLI,
BENGLAURU EAST TALUK,
BENGALURU DISTRICT - 560 077.
4. SMT. RUKKAMMA,
D/O LATE. KONDA REDDY,
W/O THIMMARAYA REDDY,
AGED ABOUT 76 YEARS,
R/AT NO. 105, FARM HOUSE,
NEAR PODAR INTERNATIONAL SCHOOL,
VIJAYANAGAR ROAD,
HINKAL,
MYSURU - 570 017.
5. SRI. NAVEEN KUMAR K.V.,
S/O VENKATACHALA REDDY,
AGED ABOUT 36 YEARS,
R/AT NO. 29,
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MFA No. 7902 of 2024
KYALASANAHALLI VILLAGE,
K.R. PURA HOBLI,
BENGLAURU EAST TALUK,
BENGALURU DISTRICT - 560 077.
6. SRI. K.M. CHANDRASHEKAR,
S/O LATE. MUNISWAMAPPA,
AGED ABOUT 40 YEARS,
R/AT NO. 112,
KYALASANAHALLI VILLAGE,
NEAR MUNESHWARA TEMPLE,
DR. SHIVARAM KARANTH NAGAR,
BENGALURU - 560 077.
7. SMT. MOTIA RANI ANAND,
W/O SRI. SHAM NARAIN ANAND,
AGED ABOUT 78 YEARS,
R/AT NO. 20 AND 21, 'B' BLOCK,
HOUSE NO. G-A,
DIWANARAPALYA,
8TH 'A' CROSS,
MSRIT POST,
BENGLAURU - 560 054.
8. SRI. PAWAN KUMAR ANAND,
S/O SHAM NARAIN ANAND,
AGED ABOUT 56 YEARS,
R/AT NO. 18 AND 19 'A' BLOCK,
HOUSE NO. G-C,
DIWANARAPALYA,
8TH 'A' CROSS, MSRIT POST,
BENGLAURU - 560 054.
9. SRI. RECHARD A.,
S/O A. AMBROSE,
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MFA No. 7902 of 2024
AGED ABOUT 37 YEARS,
R/AT NO. 327,
OHLONES ST. FREMONT,
CALOFPRMOA,
UNITED STATES OF AMERICA-94539.
REPRESENTED BY HIS GPA HOLDER
SMT. JOSEPHINE SELVI,
W/O LATE. AMBROSE,
R/AT OLD NO. 5/292,
NEW NO. 3-371,
RICE MILL STREET,
SARUGANI STREET,
MARANISARUGANI,
SHIVAGANGA,
TAMIL NADU - 630 411.
PRESENTLY RESIDING AT
SMT. JOSEPHINE SELVI,
W/O LATE. AMBROSE,
NO. 4, 5TH CROSS,
ESHWARAPPA LAYOUT,
KOTHANURU,
BENGLAURU - 560 077.
10. SMT. REVATHI V,
D/O VIJAYAN,
AGED ABOUT 35 YEARS,
R/AT NO. 30, GROUND FLOOR,
11TH CROSS, SADASHIVA TEMPLE,
KANAKADASA LAYOUT,
MARUTHI SEVANAGAR POST,
BENGALURU - 560 033.
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MFA No. 7902 of 2024
11. SRI. SUSANTA PAL,
S/O BANAMALY PAL,
AGED ABOUT 46 YEARS,
R/AT NO. 30, 3RD FLOOR,
S. NO. 1ST STREET,
SOPPING ROAD CROSS,
SHIVAJINAGARA,
BENGLAURU - 560 001.
12. TOTAL ENVIRONMENT CONSTRUCTIONS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT 'IMAGINE',
NO. 78, ITPL MAIN ROAD,
EPIP ZONE, WHITEFIELD,
BENGLAURU - 560 066.
REPRESENTED BY ITS AUTHORIZED SIGNATORY
SRI. VISHWAS N. GUPTA.
...RESPONDENTS
(BY SRI. G.A.SRIKANTE GOWDA, ADVOCATE FOR R1 & 5;
SRI. VEERESH M. UPPIN, ADVOCATE FOR R4;
SMT. ANUPARNA BORDOLOI, ADVOCATE FOR R12;
VIDE ORDER DATED:5/12/2024, NOTICE TO R5 TO R10
IS DISPENSED WITH)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED 25.11.2024 PASSED ON I.A.
NO.I AND II IN O.S.NO. 2095/2024 ON THE FILE OF THE I
ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL
DISTRICT, BENGLAURU, ISSUING EMERGENT NOTICE ON
I.A.NOs. I AND II AND SUIT SUMMONS.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:324
MFA No. 7902 of 2024
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL JUDGMENT
Heard learned counsel for the appellant.
2. This appeal came to be filed as against the
respondents, especially respondent No.12 as against the order
passed by the Trial Court by issuing emergent notice to the
defendants/respondents. The 12th respondent appeared and
seeks short accommodation for filing objection and counsel for
the respondent Nos.1 to 5 object the appeal on the
maintainability as there is no executable order passed by the
Trial Court.
3. On perusal of the order passed by the Trial Court,
Trial Court only issued emergent notice to the defendants.
I.A.No.1/2024 filed for ad-interim temporary injunction as
against the defendant No.1 to 12 and I.A.No.2/2024 filed as
against respondent No.12/defendant No.12 not to change the
nature of the property until disposal of the suit.
NC: 2025:KHC:324
4. The Trial Court issued notice only to the
respondents, there is no order or suitable order passed by the
Trial Court. Though the date is fixed by the Trial Court on
18.01.2025. Considering the facts and circumstances and this
co-ordinate bench already granted interim stay as against the
respondent No.12. There is no earlier order, therefore the
matter required for remitting back to the Trial Court for
considering the interlocutory applications filed by the appellant/
plaintiff and the respondent shall appear before the court date
fixed by the Trial Court.
Accordingly, the appeal is disposed off.
The matter is remitted back to the Trial Court for
considering the interlocutory applications filed by the appellant.
The order passed by this court by granting stay as
against the defendant No.12 is extended till disposal of the
IA.No.2/2024 by the Trial Court.
The Trial Court is endeavor to dispose the interlocutory
applications within four weeks from the date of receipt of copy
of the order.
NC: 2025:KHC:324
The respondent shall appear before the Trial Court on
18.01.2025 without any further notice.
Sd/-
(K.NATARAJAN)
JUDGE
SRK
CT:SK
