Karnataka High Court

Sri M Premanand Kamath vs Sri T Puttegowda on 15 May, 2025

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

                                                 -1-
                                                               NC: 2025:KHC:18264
                                                            MFA No. 3547 of 2025
                                                        C/W MFA No. 3549 of 2025



                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 15TH DAY OF MAY, 2025

                                              BEFORE
                               THE HON'BLE MR JUSTICE M.G.S. KAMAL

                        MISCELLANEOUS FIRST APPEAL NO. 3547 OF 2025 (CPC)
                                               C/W
                        MISCELLANEOUS FIRST APPEAL NO. 3549 OF 2025 (CPC)


                   IN MFA No. 3547/2025

                   BETWEEN:
                   SRI. M. PREMANAND KAMATH,
                   S/O. LATE LEELADHAR KAMATH,
                   AGED ABOUT 57 YEARS,
                   RESIDING AT NO.B-1402,
                   PURVA VENEZIA APARTMENTS,
                   MAJOR UNNIKRISHNAN ROAD,
                   NEAR MOTHER DAIRY,
                   YELAHANKA NEW TOWN,
                   BENGALURU - 560 064.
                                                                      ...APPELLANT
                   (BY SRI. SUBRAMANYA .R., SENIOR COUNSEL FOR
                        SRI. NARASIMHARAJU, ADVOCATE)
Digitally signed
by SUMA B N
Location:
HIGH COURT
                   AND:
OF
KARNATAKA          1.    SRI. T. PUTTEGOWDA,
                         S/O. LATE THAMMANNA,
                         AGED ABOUT 75 YEARS,
                         RETIRED ASSISTANT EXECUTIVE
                         ENGINEER, R/AT 'VENKATESHWARA
                         NILAYA', NEAR MAHADEVI TALKIES,
                         14TH CROSS, VIDYA NAGAR,
                         SHIVAMOGGA - 577 201.
                         REP. BY HIS GPA HOLDER
                         SUNIL .P. S/O. T. PUTTEGOWDA
                         AGED ABOUT 44 YEARS
                         R/AT.NO.30, 1ST CROSS,
                         AMARJYOTHI NAGAR, VIJAYANAGAR,
                                -2-
                                            NC: 2025:KHC:18264
                                         MFA No. 3547 of 2025
                                     C/W MFA No. 3549 of 2025



      BENGALURU - 560 040.

2.    SRI. NEELAKANTA NAIDU,
      S/O. UNKNOWN
      AGED ABOUT 49 YEARS,
      M/S. STATURE HOMES,
      BUILDERS AND DEVELOPERS
      NO.371 AND 373, BDA LINK ROAD,
      CHANNASANDRA, RAJARAJESHWARI
      NAGAR, BENGALURU - 560 098.
                                                 ...RESPONDENTS
(BY SRI. MURALI B.S., FOR C/R1)

       THIS MFA IS FILED U/O 43 RULE 1(R) OF CPC, AGAINST THE
ORDER    DATED   03.05.2025   PASSED   ON   I.A.NO,2   IN   OS.NO.
6564/2024   ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-41), ALLOWING THE
I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2             READ WITH
SECTION 151 OF CPC.

IN MFA NO. 3549/2025

BETWEEN:
SRI. M. PREMANAND KAMATH,
S/O. LATE LEELADHAR KAMATH,
AGED ABOUT 57 YEARS,
RESIDING AT NO.B-1402,
PURVA VENEZIA APARTMENTS,
MAJOR UNNIKRISHNA ROAD,
NEAR MOTHER DAIRY,
YELAHANKA NEW TOWN,
BENGALURU - 560 064.
                                                       ...APPELLANT
(BY SRI. SUBRAMANYA .R., SENIOR COUNSEL FOR
     SRI. NARASIMHARAJU, ADVOCATE)

AND:
1.    SRI. T. PUTTEGOWDA,
      S/O. LATE THAMMANNA,
      AGED ABOUT 75 YEARS,
      RETIRED ASSISTANT EXECUTIVE
                                -3-
                                              NC: 2025:KHC:18264
                                         MFA No. 3547 of 2025
                                     C/W MFA No. 3549 of 2025



     ENGINEER, R/AT 'VENKATESHWARA
     NILAYA', NEAR MAHADEVI TALKIES,
     14TH CROSS, VIDYA NAGAR,
     SHIVAMOGGA - 577 201.
     REP BY HIS GPA HOLDER,
     SRI. SUNIL .P.
     S/O. T. PUTTEGOWDA,
     AGED ABOUT 45 YEARS,
     R/AT NO.30, 1ST CROSS,
     AMARJYOTHI NAGAR,
     VIJAYANAGARA,
     BENGALURU - 560 040.

2.   NEELAKANTA NAIDU
     S/O. UNKNOWN
     AGED ABOUT 49 YEARS,
     M/S. STATURE HOMES,
     BUILDERS AND DEVELOPERS
     NO.371 AND 373, BDA LINK ROAD,
     CHANNASANDRA, RAJARAJESHWARI NAGAR,
     BENGALURU - 560 098.
                                                  ...RESPONDENTS
(BY SRI. MURALI B.S., C/R1)

      THIS MFA IS FILED U/O 43 RULE 1(R) OF CPC, AGAINST THE
ORDER    DATED   03.05.2025   PASSED   ON   I.A.NO.1   IN   OS.NO.
6564/2024    ON THE FILE OF THE XL ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE, BENGALURU CITY (CCH-41),          ALLOWING THE
I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2             READ WITH
SECTION 151 OF CPC.

      THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE MR JUSTICE M.G.S. KAMAL
                                  -4-
                                                 NC: 2025:KHC:18264
                                            MFA No. 3547 of 2025
                                        C/W MFA No. 3549 of 2025



                    COMMON ORAL JUDGMENT

These two miscellaneous appeals arise out of a common

order dated 03.05.2025 passed on applications in IA Nos. 1 and

2 filed under Order XXXIX Rules 1 and 2 read with Section 151

of CPC on the file of XL Additional City Civil and Sessions Judge,

Bengaluru (CCH-41). The Trial Court while allowing the said

applications has restrained the defendant/appellant herein from

interfering with the peaceful possession and enjoyment of

plaintiff over the suit schedule property and from digging any

trenches or changing the nature of suit property, till disposal of

the suit.

2. After arguing the matter for some time on

13.05.2025, learned counsel for the appellant submitted that

the appellant has already put up construction upto the fourth

floor in accordance with the sanctioned plan and that the

appellant be permitted to continue with the construction

subject to appellant undertaking not to seek equity in the event

of plaintiffs succeeding in the suit and that he would be filing an

affidavit in that regard. Accordingly, the matter is listed today.

3. Today, the appellant/defendant has filed affidavit

which reads as under:

NC: 2025:KHC:18264

AFFIDAVIT

"I, M. PREMANAND KAMATH, S/o. Late Leeladhar Kamath Aged about 57 years, Residing at No.B-1402, Purva Venezia Apartments, Major Unnikrishnan Road, Near Mother Dairy, Yelahanka New Town, BENGALURU - 560 064 do hereby solemnly affirm and state as follows:

1. I state that, I am the Appellant in the above appeal and I am well conversant with the facts of the case. Hence, I am swearing to this Affidavit.

2. I submit that, I have filed the above Appeal challenging the order dated 03-05-2025 passed by the XL Addl. City Civil and Sessions Judge at Bengaluru City on I.A. Nos. 1 and 2 filed by the Respondent No.1 in O.S. No.6564/2024. The facts pleaded in the appeal may be read as an integral part of this affidavit.

3. I submit that the Plaintiff, with an oblique motive for extraneous considerations, has filed the suit seeking for bare injunction against the Appellant herein despite the fact that the Plaintiff has nothing to do with the property owned and possessed by the Appellant herein. The facts remain that the Schedule Property claimed by the Respondent No.1 in the Plaint is different from my Schedule Property described in the Written Statement.

Indeed, the reliefs sought in IA No.1 & IA No.2 are mutually destructive to each other. Notwithstanding the stand taken by the Appellant herein with regard to the Plaint Schedule Property and Schedule Property described under the Written Statement being different, and specifically denying the title of the Respondent No.1, the Trial Court erroneously allowed the Application Nos.1 & 2 by passing the impugned order. The Appellant has assailed the said order in the present Appeal. It is a matter of fact that the Appellant has put up the construction up to the 4th Floor on his site Nos.30 & 31, that too after obtaining a sanction plan from the Competent Authority. I have invested a huge sum of money, which runs into several crores of Rupees, and at this stage, the impugned order would cause irreparable damage and loss to the Appellant.

NC: 2025:KHC:18264

4. I submit that I shall not claim equities regarding the constructions made by me, and the same shall be subject to the result or outcome of the pending suit between the parties, if the Plaintiff were to succeed in the Suit. As such, my undertaking may kindly be taken on record and pass necessary orders as deemed fit and necessary by this Hon'ble Court. Hence, this affidavit.

4. Learned counsel for the respondents/plaintiffs

submits that though in principal the respondents/plaintiffs may

not have objection in appellant being permitted to put up

construction subject to undertaking as noted above, he submits

if the appellant be put to further term not to create any third

party interest until disposal of the suit, the same would meet

the apprehension of the plaintiffs.

5. Submission is taken on record.

6. In view of aforesaid submissions and in view of the

affidavit filed as above, appeals are disposed of.

7. Appellant is permitted to continue the construction

strictly in accordance with the sanctioned plan. The appellant