Karnataka High Court
Shri K Ganesh vs Shri Govind Reddy on 11 September, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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MFA No. 6723 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.6723 OF 2025 (CPC)
BETWEEN:
1. SHRI K. GANESH
SON OF LATE M. KRISHNAPPA,
AGED ABOUT 48 YEARS,
2. SHRI. C. MANJU
SON OF SHRI. M. CHANNARAYA REDDY,
AGED ABOUT 47 YEARS,
BOTH ARE RESIDENTS OF NO.329,
'VEERABHADRA NILAYA', 3RD CROSS,
KODIHALLI, OLD AIRPORT ROAD,
BANGALORE.
...APPELLANTS
(BY SRI. ARUN B.M., ADVOCATE)
Digitally signed by
RAMYA D AND:
Location: HIGH
COURT OF 1. SHRI GOVIND REDDY
KARNATAKA
SON OF LATE SHRI MUNIYAPPA,
AGED ABOUT 69 YEARS,
REPRESENTED BY GPA HOLDER
SRI G. RAVI REDDY
S/O GOVIND REDDY.
2. SHRI G RAVI REDDY
SON OF SHRI GOVIND REDDY
AGED ABOUT 39 YEARS,
BOTH ARE RESIDENTS OF NO.19/1
THIRUPALYA VILLAGE,
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NEXT TO GOVERNMENT SCHOOL,
TOWARDS HULIMANGALA ROAD,
BOMMASANDRA INDUSTRIAL AREA,
BENGALURU-560 099.
3. SMT. Y. SUGUNA
WIFE OF LATE M. KRISHNAPPA,
AGED ABOUT 72 YEARS,
4. SHRI. K MUNIRAJ
SON OF LATE M. KRISHNAPPA,
AGED ABOUT 50 YEARS
5. SHRI PRITHVI KRISH
SON OF SHRI. K. MUNIRAJ,
AGED ABOUT 13 YEARS,
6. MASTER ROHAN REDDY
SON OF SHRI. K. MUNIRAJ,
AGED ABOUT 10 YEARS,
7. KUMARI NEHA
DAUGHTER OF SHRI. K. GANESH,
AGED ABOUT 18 YEARS,
8. MASTER NITHEN
SON OF SHRI. K. GANESH,
AGED ABOUT 10 YEARS,
9. SMT. K. PADMA
DAUGHTER OF LATE M. KRISHNAPPA,
AGED ABOUT 49 YEARS,
10. MASTER SHREYASH
SON OF MRS. K. PADMA,
AGED ABOUT 16 YEARS,
11. SMT. K. BHAGYA
DAUGHTER OF LATE M. KRISHNAPPA,
AGED ABOUT 47 YEARS,
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12. MR. MANISH
SON OF SMT. K. BHAGYA,
AGED ABOUT 23 YEARS,
13. MR. LOHITH
SON OF SMT. K. BHAGYA,
AGED ABOUT 19 YEARS,
14. KUMARI. KAVITHA
DAUGHTER OF LATE M. KRISHNAPPA,
AGED ABOUT 39 YEARS,
15. SHRI. M. CHANNARAYA REDDY,
SON OF LATE MUNIYAPPA,
AGED ABOUT 73 YEARS,
16. SMT. Y. VANALAKSHMI
WIFE OF SHRI. M. CHANNARAYA REDDY,
AGED ABOUT 64 YEARS,
17. SHRI. C. VIJAYA KUMAR
SON OF M. CHANNARAYA REDDY,
AGED ABOUT 45 YEARS,
18. KUMARI MAHALAKSHMI
DAUGHTER OF SHRI. C. CHANARAYA REDDY,
AGED ABOUT 23 YEARS,
19. MASTER CHIRAG
SON OF SHRI. C. VIJAYAKUMAR,
AGED ABOUT 16 YEARS,
20. SMT. HEMAVATHI
DAUGHTER OF M. CHANNARAYA REDDY,
AGED ABOUT 49 YEARS,
21. KUMARI NAVYA
DAUGHTER OF SMT. HEMAVATHI,
AGED ABOUT 23 YEARS,
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22. MASTER ANKITH
SON OF SMT. HEMAVATHI,
AGED ABOUT 19 YEARS,
23. SMT. USHA
DAUGHTER OF SHRI. M. CHANNARAYA REDDY,
AGED ABOUT 46 YEARS,
24. MASTER GURUSWAROOP,
SON OF SMT. USHA,
AGED ABOUT 15 YEARS,
RESPONDENT NOS.5 & 6 REP. BY R4 SRI. K. MUNIRAJ
RESPONDENT NO.7 REP. BY APPELLANT NO.1
K. GANESH
RESPONDENT NO.10 REP. BY R9 , SMT. K. PADMA
RESPONDENT NO.16 REP. BY R17 C. VIJAYA KUMAR,
RESPONDENT NO.24 REP. BY R23 SMT. USAH
RESPONDENTS NO.3 TO 24 ARE RESIDENTS OF
NO.329 'VEERABHADRA NILAYA',
3RD CROSS, KODIHALLI, AIRPORT ROAD,
BANGALORE-560 008.
25. SMT. CHANNAMMA
DAUGHTER OF SHRI MUNIYAPPA,
AGED ABOUT 75 YEARS,
RESIDENT OF THIRUPALYA VILLAGE,
JIGANI HOBLI, ANEKAL TALUK,
BENGALURU-560099.
26. MR. KISHORE KUMAR
SON OF SHRI SHANTHILAL,
AGED ABOUT 51 YEARS,
RESIDING AT FLAT NO.102,
1ST FLOOR, NO.432, 30TH CROSS,
7TH 'B' MAIN, 4TH BLOCK, JAYANAGAR,
BENGALURU-560011.
27. M/S METRIK INFRA PROJECTS PVT. LTD.,
A COMPANY (R) AND INCORPORATED UNDER
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COMPANIES ACT, 1956,
HAVING ITS OFFICE AT FLOOR-111,
1ST FLOOR, 99/100 PRESTIGE TOWERS
BENGALURU-560 025.
REPRESENTED BY ITS MANAGING DIRECTOR
SRI KISHORE KUMAR
S/O SHANTHILAL.
...RESPONDENTS
(BY SRI. H. SUNIL KUMAR, ADVOCATE FOR C/R1)
THIS MFA IS FILED U/O 43 RULE 1(r) OF CPC, PRAYING
TO SET ASIDE THE ORDER DATED 02.07.2025 PASSED ON
I.A.NOs.1 AND 2 IN OS.NO.4625/2025 ON THE FILE OF THE
XXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU (CCH 6).
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
Though the appeal is listed for admission, with
consent of both the learned counsel appearing for the
parties, the matter is taken up for final disposal.
2. The appellants/defendant Nos.5 and 19 have
filed this appeal questioning the order of ex-parte
temporary injunction dated 02.07.2025 in
O.S.No.4625/2025 on the file of XXIV Additional City Civil
and Sessions Judge, Bengaluru (CCH-6).
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3. It is grievance of appellants/defendant Nos.5
and 19 that the Trial Court has passed an order of
ex-parte temporary injunction dated 02.07.2025 and
directed the plaintiffs to comply with the provisions under
Order XXXIX Rule 3(A) of CPC and issued summons to the
defendants. Thereafter, for three consecutive dates, the
Trial Court has not passed order, but simply extended the
order of ex-parte temporary injunction, by which,
according to the learned counsel appearing for the
appellants, the defendants' right is affected.
4. The order impugned herein is granting an order
of ex-parte temporary injunction. The applications
I.A.Nos.1 and 2 are still pending for consideration before
the Trial Court.
5. According to the learned counsels appearing for
the parties, the defendants have filed objections to the
said applications and addressed their respective
arguments and thereafter, the Trial Court has posted the
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matter for orders on I.A.Nos.1 and 2, but the Trial Court
even after three consecutive days has not passed order on
I.A.Nos.1 and 2. Therefore, appellants/defendant Nos.5
and 19 have preferred this instant appeal on the ground
that it is mandatory on part of the Trial Court to pass an
order within a period of 30 days, but the Trial Court has
not passed the order. Therefore, aggrieved by this, the
present appeal is preferred. The learned counsel places
reliance on the judgment of Hon'ble Supreme Court in the
case of A. VENKATASUBBAIAH NAIDU VS. S.
CHELLAPPAN AND OTHERS1.
6. Learned counsel for the respondents submitted
that now the Trial Court has scheduled the date for orders
i.e., on 17.09.2025. Therefore, the appropriate recourse to
be taken is to issue direction to the Trial Court to pass
orders on I.A.Nos.1 and 2 without keeping the applications
pending on the scheduled date of 17.09.2025. If this
direction is issued, it would suffice at this stage; therefore,
(2007) 7 SCC 695
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with a direction to the Trial Court to dispose of the
applications I.A.Nos.1 and 2 and pass appropriate orders
in accordance with law on its merits on the scheduled next
date of hearing, the appeal is disposed off.
7. Registry is directed to communicate this order
immediately to the Trial Court.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA
