Karnataka High Court
Sri Manjunath K vs Silver Spring Plot Owners Association on 16 September, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.4428 OF 2025 (CPC)
MISCELLANEOUS FIRST APPEAL NO.5574 OF 2025,
MISCELLANEOUS FIRST APPEAL NO.5706 OF 2025,
MISCELLANEOUS FIRST APPEAL NO.5743 OF 2025
IN MFA NO.4428/2025:
BETWEEN:
M/S. CANARA HOUSING DEVELOPMENT COMPANY
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
LAKSHMI NARAYANA COMPLEX, NO.10/1,
PALACE ROAD, VASANTH NAGAR,
BENGALURU - 560 001.
REPRESENTED BY ITS PARTNER
SRI. P. ASHWIN PAI
...APPELLANT
Digitally signed (BY SRI. CHANDAN K., ADVOCATE)
by RAMYA D
Location: HIGH AND:
COURT OF
KARNATAKA 1. SILVER SPRING PLOT OWNERS ASSOCIATION
HAVING ITS OFFICE AT NO.A-13,
SILVER SPRING LAYOUT SPICE GARDEN,
BEHIND CATHER HOTEL
MARATHAHALLI, BENGALURU - 560 037,
REPRESENTED BY ITS VICE-PRESIDENT
SRI M. KARTHIKEYAN.
2. SRI. BHASKARA REDDY SABBELLA
S/O SRI. SATHI REDDY SABELLA,
AGED ABOUT 43 YEARS,
R/AT NO.51/8, D.NO.201,
-2-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
2ND FLOOR, 14TH MAIN,
SHUBH ENCLAVE, HARALUR ROAD,
SARJAPURA ROAD,
BENGALURU - 560 102.
3. M/S. PRO-4-PAVILION
A PARTNERSHIP FIRM HAVING ITS
OFFICE AT LAKSHMI NARAYANA COMPLEX,
NO.13/A MUNNEKOLALA VILLAGE,
SILVER SPRING LAYOUT,
MARATHAHALLI,
BENGALURU - 560 037.
REP. BY ITS PARTNER,
SRI. K K GOKULA PRABHU.
4. SRI. POTHU HITHENDRANATH REDDY
S/O SRI. VENKATA REDDY POTHU,
AGED ABOUT 41 YEARS,
R/AT NO.04, CHARLES VIEW LANE,
MED WAY, MA-02053,
REP. BY ITS POWER OF ATTORNEY HOLDER
SRI. VENKATA REDDY POTHU.
5. SRI. MANJUNATH. K
S/O SRI. KRISHNAPPA M,
AGED ABOUT 41 YEARS,
R/AT NO.38/51, A K COLONY,
NEAR KANNADA GOVT. SCHOOL,
MARATHAHALLI,
BENGALURU - 560 037.
6. SRI. SHANKAR R.M
S/O SRI. MADAPPA,
AGED ABOUT 48 YEARS,
R/AT NO.191/C, 2ND CROSS,
OUTER RING ROAD, NEAR AYYAPPA TEMPLE,
DEVARABISINAHALLI,
BENGALURU - 560 103.
7. SRI. DEVARAJ.H
S/O SRI. HIRUSAPPA,
-3-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
AGED ABOUT 65 YEARS,
R/AT NO.28, 1ST MAIN,
M GANDHI NAGAR, MUNNEKOLALA,
MARATHAHALLI COLONY,
BENGALURU - 560 037.
8. SRI. RAVI KUMAR.P
S/O SRI. PRABHAKAR,
AGED ABOUT 43 YEARS,
R/AT NO.3RD CROSS, B SECTOR,
NEAR HDFC BANK, BASAVANAGAR,
BENGALURU NORTH - 560 037.
9. SMT. DEEPA M
W/O SRI. SUNIL,
AGED ABOUT 33 YEARS,
R/AT NO.630, 3RD CROSS,
TCH COLLEGE ROAD,
KAVERI SCHOOL, MARATHAHALLI,
BENGALURU - 560 037.
10. SRI. KUMBHASI RAMACHANDRA
NAGENDRA PURANIKA
S/O SRI. RAMACHANDRA PURANIKA,
AGED ABOUT 62 YEARS,
R/AT NO.A-2, SILVER SPRING LAYOUT,
MUNNEKOLALA, BENGALURU - 560 037
11. SRI. CHANDRASHEKAR.L
S/O SRI. LINNGAPPA,
AGED ABOUT 29 YEARS,
R/AT NO.55/3, NANJUNDAPPA LAYOUT,
NEAR AMBEDKAR STATUE,
MANGAMMAPALYA,
BENGALURU - 560 037.
12. SRI. SUNIL .J
S/O SRI. JAYARAM REDDY CHANNA REDDY,
AGED ABOUT 36 YEARS,
R/AT NO.630, 3RD CROSS,
TCH COLLEGE, ROAD,
-4-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
KAVERI SCHOOL, MARATHAHALLI,
BENGALURU - 560 037.
13. SRI. PAPI REDDY BAIAH REDDY
S/O SRI.PAPI REDDY CHINNAPU REDDY,
AGED ABOUT 45 YEARS,
R/AT NO.4/87, PULAVANDIAPPALLI,
PYARAMPALLE, PYARAMPALLI, CUDDAPAH,
ANDRA PRADESH - 516 267.
14. SMT. SUNITHA BUCHI REDDY GARI
W/O SRI. B. VIJAYA BHASKARA REDDY,
AGED ABOUT 56 YEARS,
R/AT NO.44/35-1-1, WARD NO.44,
PRAKRUTHI NAGAR, RAMI REDDY D,
PHARMACY COLLEGE,
CHINTHAKOMMADINNE MANDAL,
UTUKUR, CHUDDUAPAH,
ANDRA PRADESH - 516 003.
15. SRI. CHANDRASHEKAR. R
S/O SRI. RAJU SHETTY,
AGED ABOUT 41 YEARS,
R/AT NO.334, 2ND CROSS,
THUBARAHALLI VILLAGE,
BENGALURU - 560 066.
16. SRI. BUSI REDDY MAL REDDY
S/O SRI. BUSI REDDY REDDANNA,
AGED ABOUT 68 YEARS,
R/AT NO.6/76, BODASANIPALLI,
NOOLIVEEDU CUDDAPAH,
ANDRA PRADESH - 516 267.
...RESPONDENTS
(BY SRI. DHANANJAY JOSHI, SENIOR COUNSEL FOR
SMT. KAVITHA DAMODARAN, ADVOCATE FOR R1 TO R4;
SRI. S. V. GIRIDHAR, ADVOCATE FOR
SRI. SHATHABISH SHIVANNA, ADVOCATE FOR R5, R7, R8,
R9, R11, R12, R13 & R16;
V/O DATED 10.07.2025, NOTICE TO R6, R10, R14 & R15
ARE D/W)
-5-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 15.03.2025 PASSED ON IA NOS.
2 AND 3 IN O.S.NO. 4944/2024 ON THE FILE OF THE VII
ADDITIONAL CITY CIVIL SESSIONS JUDGE, BENGALURU CCH-
19, ALLOWING THE IA.NOS 2 AND 3 FILED U/O.39 RULE 1 AND
2 R/W SEC.151 OF CPC, 1908.
IN MFA NO.5574/2025:
BETWEEN:
M/S. CANARA HOUSING DEVELOPMENT COMPANY
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
LAKSHMI NARAYANA COMPLEX, NO.10/1,
PALACE ROAD, VASANTH NAGAR,
BENGALURU - 560 001.
REPRESENTED BY ITS PARTNER
SRI. RAMAKRISHNA
...APPELLANT
(BY SRI. CHANDAN K., ADVOCATE)
AND:
1. SILVER SPRING PLOT OWNERS ASSOCIATION
HAVING ITS OFFICE AT NO.A-13,
SILVER SPRING LAYOUT SPICE GARDEN,
BEHIND CATHER HOTEL MARATHAHALLI,
BENGALURU - 560 037,
REPRESENTED BY ITS VICE-PRESIDENT
SRI M. KARTHIKEYAN.
2. SRI. BHASKARA REDDY SABBELLA
S/O SRI. SATHI REDDY SABELLA,
AGED ABOUT 43 YEARS,
R/AT NO.51/8, D.NO.201,
2ND FLOOR, 14TH MAIN, SHUBH ENCLAVE,
HARALUR ROAD, SARJAPURA ROAD,
BENGALURU - 560 102.
3. M/S. PRO-4-PAVILION
A PARTNERSHIP FIRM HAVING ITS
-6-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
OFFICE AT LAKSHMI NARAYANA COMPLEX,
NO.13/A MUNNEKOLALA VILLAGE,
SILVER SPRING LAYOUT,
MARATHAHALLI, BENGALURU - 560 037.
REP. BY ITS PARTNER,
SRI. K K GOKULA PRABHU.
4. SRI. POTHU HITHENDRANATH REDDY
S/O SRI. VENKATA REDDY POTHU,
AGED ABOUT 41 YEARS,
R/AT NO.04, CHARLES VIEW LANE,
MED WAY, MA-02053,
REP. BY ITS POWER OF ATTORNEY HOLDER
SRI. VENKATA REDDY POTHU.
5. SRI. MANJUNATH. K
S/O SRI. KRISHNAPPA M,
AGED ABOUT 41 YEARS,
R/AT NO.38/51, A K COLONY,
NEAR KANNADA GOVT. SCHOOL,
MARATHAHALLI, BENGALURU - 560 037.
6. SRI. SHANKAR R.M
S/O SRI. MADAPPA,
AGED ABOUT 48 YEARS,
R/AT NO.191/C, 2ND CROSS,
OUTER RING ROAD, NEAR AYYAPPA TEMPLE,
DEVARABISINAHALLI,
BENGALURU - 560 103.
7. SRI. DEVARAJ.H
S/O SRI. HIRUSAPPA,
AGED ABOUT 65 YEARS,
R/AT NO.28, 1ST MAIN,
M GANDHI NAGAR, MUNNEKOLALA,
MARATHAHALLI COLONY,
BENGALURU - 560 037.
8. SRI. RAVI KUMAR.P
S/O SRI. PRABHAKAR,
AGED ABOUT 43 YEARS,
-7-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
R/AT NO.3RD CROSS, B SECTOR,
NEAR HDFC BANK, BASAVANAGAR,
BENGALURU NORTH - 560 037.
9. SMT. DEEPA M
W/O SRI. SUNIL,
AGED ABOUT 33 YEARS,
R/AT NO.630, 3RD CROSS,
TCH COLLEGE ROAD,
KAVERI SCHOOL, MARATHAHALLI,
BENGALURU - 560 037.
10. SRI. KUMBHASI RAMACHANDRA
NAGENDRA PURANIKA
S/O SRI. RAMACHANDRA PURANIKA,
AGED ABOUT 62 YEARS,
R/AT NO.A-2, SILVER SPRING LAYOUT,
MUNNEKOLALA, BENGALURU - 560 037
11. SRI. CHANDRASHEKAR.L
S/O SRI. LINNGAPPA,
AGED ABOUT 29 YEARS,
R/AT NO.55/3, NANJUNDAPPA LAYOUT,
NEAR AMBEDKAR STATUE,
MANGAMMAPALYA,
BENGALURU - 560 037.
12. SRI. SUNIL .J
S/O SRI. JAYARAM REDDY CHANNA REDDY,
AGED ABOUT 36 YEARS,
R/AT NO.630, 3RD CROSS,
TCH COLLEGE ROAD,
KAVERI SCHOOL, MARATHAHALLI,
BENGALURU - 560 037.
13. SRI. PAPI REDDY BAIAH REDDY
S/O SRI.PAPI REDDY CHINNAPU REDDY,
AGED ABOUT 45 YEARS,
R/AT NO.4/87,
PULAVANDIAPPALLI,
PYARAMPALLE, PYARAMPALLI CUDDAPAH,
ANDRA PRADESH - 516 267.
-8-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
14. SMT. SUNITHA BUCHI REDDY GARI
W/O SRI. B. VIJAYA BHASKARA REDDY,
AGED ABOUT 56 YEARS,
R/AT NO.44/35-1-1, WARD NO.44,
PRAKRUTHI NAGAR, RAMI REDDY D,
PHARMACY COLLEGE,
CHINTHAKOMMADINNE MANDAL,
UTUKUR, CHUDDUAPAH,
ANDRA PRADESH - 516 003.
15. SRI. CHANDRASHEKAR. R
S/O SRI. RAJU SHETTY,
AGED ABOUT 41 YEARS,
R/AT NO.334, 2ND CROSS,
THUBARAHALLI VILLAGE,
BENGALURU - 560 066.
16. SRI. BUSI REDDY MAL REDDY
S/O SRI. BUSI REDDY REDDANNA,
AGED ABOUT 68 YEARS,
R/AT NO.6/76, BODASANIPALLI,
NOOLIVEEDU CUDDAPAH,
ANDRA PRADESH - 516 267.
...RESPONDENTS
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DATED 15.03.2025 PASSED ON IA NO.2
IN O.S.NO.4944/2024 ON THE FILE OF THE VII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING
THE IA.NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF
CPC, 1908.
IN MFA NO.5706/2025:
BETWEEN:
1. SRI. MANJUNATH K,
AGED OF ABOUT 40 YEARS,
SON KRISHNAPPA. M
RESIDING AT NO.38/51,
A K COLONY, NEAR KANNADA GOVERNMENT
SCHOOL, MARATHAHALLI,
-9-
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
BANGALORE - 560 037.
2. SRI. DEVRAJ,
AGED ABOUT 64 YEARS,
SON OF HIRUSAPPA,
RESIDING AT NO.28, 1ST MAIN,
M. GANDHI NEAR MENNEKOLALA,
MARATHAHALLI COLONY
BANGALORE - 560 037
3. SRI. RAVI KUMAR P.,
AGED ABOUT 42 YEARS,
SON OF PRABHAKAR,
RESIDING AT NO. 3RD CROSS,
B SECTOR, NEAR HDFC BANK, BASAVANAGAR,
BANGALORE NORTH - 560 037.
4. SMT. DEEPA M,
AGED ABOUT 32 YEARS,
WIFE OF SUNIL,
RESIDING AT NO.630, 3RD CROSS,
TCH COLLEGE ROAD, KAVERI SCHOOL,
MARATHAHALLI, BANGALORE - 560 037.
5. SRI. CHANDRASHEKHAR L,
AGED ABOUT 28 YEARS,
SON OF KRISHNAPPA M,
RESIDING AT NO.55/3,
NANJUNDAPPA LAYOUT,
NEAR AMBEDKAR STATUE,
MANGAMMANAPALYA,
BANGALORE - 560 037.
6. SRI. SUNIL L,
AGED ABOUT 35 YEARS,
SON OF KRISHNAPPA M.,
RESIDING AT NO. 630, 3RD CROSS,
TCH COLLEGE ROAD, KAVERI SCHOOL,
MARATHAHALLI, BANGALORE - 560 037.
7. SRI.PAPI REDDY BAUAH REDDY,
- 10 -
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
AGED ABOUT 44 YEARS,
SON OF PAPI REDDY CHINNNAPU REDDY,
RESIDING AT NO.4/87,
PULAVANDIAPPALLI, PYARAMPALLE,
PYARAMPALLI, CUDDAPAH,
ANDRA PRADESH - 516 267.
...APPELLANTS
(BY SRI. SHATHABISH SHIVANNA, ADVOCATE)
AND:
1. SILVER SPRING PLOT OWNERS ASSOCIATION
HAVING ITS OFFICE AT NO. A-13,
SILVER SPRING LAYOUT, SPICE GARDEN,
BEHIND CATHER HOTEL MARATHAHALLI,
BENGALURU - 560 037,
REPRESENTED BY ITS VICE-PRESIDENT,
SHRI. M. KARTHIKEYAN
2. SHRI. BHASKARA REDDY SABBELLA,
SON OF SHRI. SATHI REDDY SABELLA,
AGED ABOUT 42 YEARS,
RESIDING AT NO. 51/8, D NO. 201,
2ND FLOOR, 14TH MAIN SHUBH ENCLAVE,
HARALUR ROAD, SARJAPURA ROAD,
BENGALURU - 560 102.
3. M/S. PRO-4-PAVILION,
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
LAKSHMI NARAYANA COMPLEX, NO 13/A
MUNNEKOLALA VILLAGE, SILVER SPRING LAYOUT
MARATHAHALLI, BENGALURU - 560 037,
REPRESENTED BY ITS PARTNER
SHRI. K.K. GOKULA PRABHU.
4. SHRI. POTHU HITHENDRA NATH REDDY,
SON OF SHRI. VENKATA REDDY POTHU,
AGED ABOUT 40 YEARS,
RESIDING AT NO. 04 CHARLES VIEW LANE,
MED WAY, MA, 02053,
REPRESENTED BY HIS POWER OF ATTORNEY
- 11 -
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
HOLDER, SHRI. VENKATA REDDY POTHU.
5. M/S. CANARA HOUSING A DEVELOPMENT COMPANY,
PARTNERSHIP FIRM HAVING ITS OFFICE AT
LAKSHMI NARAYANA COMPLEX, NO. 10/1,
PALACE ROAD, VASANTH NAGAR,
BENGALURU - 560 001,
REPRESENTED BY ITS PARTNER,
SHRI. P. ASHWIN PAI
6. SHRI. SHANKAR. R.M.,
SON OF SHRI. MADAPPA,
AGED ABOUT 47 YEARS,
RESIDING AT NO 191/C, 2ND CROSS,
OUTER RING ROAD, NEAR AYYAPPA TEMPLE,
DEVARABISINAHALLI, BANGALORE - 560 103.
7. SHRI KUMBHASI RAMACHANDRA
NAGENDRA PURANIKA
S/O SHRI RAMACHANDRA PURANIKA,
AGED ABOUT 61 YEARS,
RESIDING AT NO. A-2,
SILVER SPRING LAYOUT,
MUNNEKOLALA, BENGALURU - 560 037.
8. SMT. SUNITHA BUCHIREDDY GARI,
WIFE OF SHRI. B. VIJAYA BHASKAR REDDY,
AGED ABOUT 55 YEARS,
RESIDING AT 44/35-1-1, WARD NO. 44,
PRAKRUTHI NAGAR, RAMI REDDY B,
PHARMACY COLLEGE, CHINTHAKOMMADINNE
MANDAL UTUKUR CUDDUAPAH
ANDHRA RADESH - 516 003.
9. SHRI. CHANDRASHEKAR. R,
SON OF SHRI. RAJU SHETTY,
AGED ABOUT 40 YEARS,
RESIDING AT 334, 2ND CROSS,
THUBARAHALLI VILLAGE,
BENGALURU - 560 066.
- 12 -
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
10. SHRI. BUSIREDDY MAL REDDY,
SON OF SHRI. BUSI REDDY REDDANNA
AGED ABOUT 68 YEARS
RESIDING AT NO. 6/76,
BODASANIPALLI, NOOLIVEEDU CUDDAPAH
ANDRAPRADESH - 516 267
...RESPONDENTS
(BY SRI. CHANDAN AND SRI. ABHISHEK PATIL, ADVOCATE
FOR C/R5)
THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST
THE ORDER DATED 15.03.2025 ON IA NO.2 AND 3 IN
O.S.NO.4944/2024 ON THE FILE OF THE VII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, (CCH-19), BENGALURU,
ALLOWING IA NO.2 AND 3 FILED U/O.39 RULE 1 AND 2 R/W
SEC.151 OF CPC.
IN MFA NO.5743/2025:
BETWEEN:
1. SRI. MANJUNATH K.,
AGED OF ABOUT 40 YEARS,
SON KRISHNAPPA M.,
RESIDING AT NO.38/51, A K COLONY
NEAR KANNADA GOVERNMENT SCHOOL,
MARATHAHALLI, BANGALORE - 560 037.
2. SRI. DEVRAJ,
AGED ABOUT 64 YEARS,
SON OF HIRUSAPPA,
RESIDING AT NO.28, 1ST MAIN,
M. GANDHI NEAR MENNEKOLALA,
MARATHAHALLI COLONY, BANGALORE - 560 037
3. SRI. RAVI KUMAR P,
AGED ABOUT 42 YEARS,
SON OF PRABHAKAR,
RESIDING AT NO. 3RD CROSS,
B SECTOR, NEAR HDFC BANK,
BASAVANAGAR,
- 13 -
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
BANGALORE NORTH - 560 037.
4. SMT. DEEPA M.,
AGED ABOUT 32 YEARS,
WIFE OF SUNIL,
RESIDING AT NO.630, 3RD CROSS,
TCH COLLEGE ROAD,
KAVERI SCHOOL, MARATHAHALLI,
BANGALORE - 560 037.
5. SRI. CHANDRASHEKHAR L.,
AGED ABOUT 28 YEARS,
SON OF KRISHNAPPA M.,
RESIDING AT NO.55/3, LAYOUT,
NANJUNDAPPA NEAR AMBEDKAR STATUE,
MANGAMMANAPALYA,
BANGALORE - 560 037.
6. SRI. SUNIL L,
AGED ABOUT 35 YEARS,
SON OF KRISHNAPPA M.,
RESIDING AT NO. 630, 3RD CROSS,
TCH COLLEGE ROAD, KAVERI SCHOOL,
MARATHAHALLI, BANGALORE - 560 037.
7. SRI.PAPI REDDY BAUAH REDDY,
AGED ABOUT 44 YEARS,
SON OF PAPI REDDY CHINNNAPU REDDY,
RESIDING AT NO.4/87, PULAVANDIAPPALLI,
PYARAMPALLE, PYARAMPALLI, CUDDAPAH,
ANDRA PRADESH - 516 267.
...APPELLANTS
(BY SRI. S.V. GIRIDHAR, ADVOCATE FOR
SRI. SHATHABISH SHIVANNA, ADVOCATE)
AND:
1. SILVER SPRING PLOT OWNERS ASSOCIATION
HAVING ITS OFFICE AT NO. A-13,
SILVER SPRING LAYOUT, SPICE GARDEN,
BEHIND CATHER HOTEL MARATHAHALLI,
BENGALURU - 560 037,
- 14 -
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
REPRESENTED BY ITS VICE-PRESIDENT,
SHRI. M. KARTHIKEYAN
2. SHRI. BHASKARA REDDY SABBELLA,
SON OF SHRI. SATHI REDDY SABELLA,
AGED ABOUT 42 YEARS,
RESIDING AT NO. 51/8, D NO. 201,
2ND FLOOR, 14TH MAIN SHUBH ENCLAVE,
HARALUR ROAD, SARJAPURA ROAD,
BENGALURU - 560 102.
3. M/S. PRO-4-PAVILION,
A PARTNERSHIP FIRM HAVING ITS OFFICE AT
LAKSHMI NARAYANA COMPLEX, NO 13/A
MUNNEKOLALA VILLAGE, SILVER SPRING LAYOUT
MARATHAHALLI, BENGALURU - 560 037,
REPRESENTED BY ITS PARTNER
SHRI. K.K. GOKULA PRABHU.
4. SHRI. POTHU HITHENDRA NATH REDDY,
SON OF SHRI. VENKATA REDDY POTHU,
AGED ABOUT 40 YEARS,
RESIDING AT NO. 04 CHARLES VIEW LANE,
MED WAY, MA, 02053,
REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER, SHRI. VENKATA REDDY POTHU.
5. M/S. CANARA HOUSING A DEVELOPMENT COMPANY,
PARTNERSHIP FIRM HAVING ITS OFFICE AT
LAKSHMI NARAYANA COMPLEX, NO. 10/1,
PALACE ROAD, VASANTH NAGAR,
BENGALURU - 560 001,
REPRESENTED BY ITS PARTNER,
SHRI. P. ASHWIN PAI
6. SHRI. SHANKAR. R.M.,
SON OF SHRI. MADAPPA,
AGED ABOUT 47 YEARS,
RESIDING AT NO 191/C, 2ND CROSS,
OUTER RING ROAD, NEAR AYYAPPA TEMPLE,
DEVARABISINAHALLI,
- 15 -
NC: 2025:KHC:36896
MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
BANGALORE - 560 103.
7. SHRI KUMBHASI RAMACHANDRA
NAGENDRA PURANIKA
S/O SHRI RAMACHANDRA PURANIKA,
AGED ABOUT 61 YEARS,
RESIDING AT NO. A-2,
SILVER SPRING LAYOUT, MUNNEKOLALA
BENGALURU - 560 037.
8. SMT. SUNITHA BUCHIREDDY GARI,
WIFE OF SHRI. B. VIJAYA BHASKAR REDDY,
AGED ABOUT 55 YEARS,
RESIDING AT 44/35-1-1, WARD NO. 44,
PRAKRUTHI NAGAR RAMI REDDY B
PHARMACY COLLEGE, CHINTHAKOMMADINNE
MANDAL UTUKUR CUDDUAPAH
ANDHRA RADESH - 516 003.
9. SHRI. CHANDRASHEKAR R.,
SON OF SHRI. RAJU SHETTY,
AGED ABOUT 40 YEARS,
RESIDING AT 334, 2ND CROSS,
THUBARAHALLI VILLAGE,
BENGALURU - 560 066.
10. SHRI. BUSIREDDY MAL REDDY,
SON OF SHRI. BUSI REDDY REDDANNA
AGED ABOUT 68 YEARS
RESIDING AT NO. 6/76, BODASANIPALLI,
NOOLIVEEDU CUDDAPAH
ANDRAPRADESH - 516 267
...RESPONDENTS
(BY SRI. CHANDAN AND SRI. ABHISHEK PATIL, ADVOCATES
FOR C/R5)
THIS MFA FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST
THE ORDER DT. 15.03.2025 PASSED ON IA NO.2 IN O.S.NO.
4944/2024 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CCH-19, ALLOWING THE
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MFA No. 4428 of 2025
C/W MFA No. 5574 of 2025
MFA No. 5706 of 2025
HC-KAR AND 1 OTHER
IA.NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC,
1908.
THESE APPEALS ARE HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT AND COMING ON FOR
PRONOUNCEMENT OF JUDGMENT THIS DAY, JUDGMENT IS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
CAV JUDGMENT
These appeals are filed by the defendants
questioning the order dated 15.03.2025 passed by the VII
Addl. City Civil and Sessions Judge, Bengaluru, in
O.S.No.4944/2024 on I.A.Nos.2 and 3 filed under Order
XXXIX Rule 1 and 2 r/w Section 151 of CPC, thereby, the
applications filed by the plaintiffs are seeking for
temporary injunction is allowed restraining the defendants
from interfering with the plaintiffs' possession and
enjoyment over suit 'B' schedule property.
2. Rank of the parties is referred to as per their
rankings before the trial court.
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3. The plaintiff No.1 is the plot owners Association
and plaintiff Nos.2 to 4 are the owners of the plots.
Defendant No.1 is the Housing Development Company and
defendant Nos.2 to 13 are the purchasers of plots
purchased through defendant No.1. The plaintiff No.1 has
filed suit for declaration declaring the various sale deeds
executed by the defendant No.1 on behalf of the
defendant Nos.2 to 5 on various dates through various
sale deeds as made in the prayer. Also sought for
direction to the jurisdictional District Registrar having
jurisdiction over the Revenue District in which the
schedule 'B' property is located to register the decree in
the suit upon the same being presented for registration by
any of the plaintiffs and for other reliefs.
4. It is the case of plaintiffs in brief that the
plaintiff No.1 is the Association of the site owners of Silver
Springs Layout and plaintiff Nos.2 to 4 are the owners of
the sites. Defendant No.1 is the partnership firm which
has developed the layout. The defendant No.1 is the
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owner of the larger extent of the converted land bearing
Sy.Nos.26, 32, 33, 34 and portion of Sy.No.27 and portion
of Sy.No.31, totally measuring 18 acres 22 guntas situated
at Munnekollala Village, Varthur Hobli, Bengaluru South
Taluk. In the year 1997 the Karnataka Yuva Society an
Association comprised of 12 persons approached the
defendant No.1 for forming a layout in the land owned by
the defendant No.1 and has agreed to form a layout in the
land owned by him. For the purpose of development of
land, the defendant No.1 engaged the service of developer
by name 'M/s.Silver Springs'. The defendant No.1 -
Karnataka Yuva Society (for short 'the Society') and M/s.
Silver Springs have entered into tripartite agreement
dated 26.07.1997. As per the said agreement open
spaces left in the suit 'A' schedule property and the roads
formed in the suit 'A' schedule property vests exclusively
with the Society. As per the said tripartite agreement a
layout known as 'Silver Springs Layout' was formed in the
suit 'A' schedule property comprising of residential sites,
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common areas, internal roads, compound wall, board wall
open space, etc.,
5. The defendant No.1 conveyed the sites formed
in the suit 'A' schedule property in favour of Society and
its members. But it is the case of the defendants that suit
'B' schedule property is not open space left for the
common usage of the purchasers of sites. It is the case of
defendant No.1 that the property to an extent of 10 acres
2 guntas was the part of tripartite agreement and
defendant No.1 was in possession of the remaining area to
the extent of 8 acres 20 guntas. But as per plaintiffs'
case, the open space was handed over by the said Society
to the plaintiff No.1, but it is the rival contention of the
defendant No.1 that the said open space was not handed
over to the Society. It is the case of plaintiffs that in the
said open space of 100x100 feet the defendant No.1 has
formed sites illegally and sold to defendant Nos.2 to 13.
Therefore, plaintiffs filed the suit for declaration. It is the
case of defendants that said open space was not handed
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over to the Society and in turn the Society has not handed
over to the plaintiffs. It is the contention of defendants
that suit 'B' schedule property is nothing but open space
surrounding the site No.2. Therefore, the
appellants/defendants pray to reject the applications.
6. Having heard the arguments from both the
learned counsel appearing for the parties and upon perusal
of the material placed on record, the following points
would arise for my consideration:
i. Whether, under the facts and
circumstances of the case, the
defendants make out prima facie case
on the basis of materials produced
before the Trial Court so as to vacate
interim order of temporary injunction?
ii. Whether, under the facts and
circumstances of the case, the
defendants make out case of balance
of convenience on the basis of the
materials produced before the Trial
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HC-KAR AND 1 OTHER
Court so as to vacate order of
temporary injunction?
iii. Whether, under the facts and
circumstances of the case, if an order
of temporary injunction is not granted,
then defendants would suffer any
irreparable loss or injury?
7. Learned counsel for the appellants/defendants
submitted that the Society is not made as party in the suit
and the open space of suit 'B' schedule property was not
handed over to the Society, hence there is no question of
handing over possession by the Society to the plaintiffs'
Association. Defendant No.1 is owner of suit 'B' schedule
property, but not plaintiff No.1; therefore, defendant No.1
has rightly formed plots and sold them to the other
defendants. This is not correctly appreciated by the Trial
Court while considering the materials placed before it.
Hence, questioned the order.
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8. On the other hand, learned counsel for the
respondents/plaintiffs justified the order passed by the
Trial Court stating that there is a tripartite Agreement
handing over the common areas and open space
surrounding the site of defendant No.2, which has handed
over to the Society and in turn, it has been handed over
possession to the plaintiff no.1. The materials placed
before the Trial Court reveals that there is tripartite
agreement dated 26.07.1997 wherein the open space is
left in suit 'A' schedule property and roads formed in suit
'A' schedule property shall vest exclusively with the
Society. Defendant No.1 is not denying the execution of
tripartite agreement. As per paragraph Nos.V(a) and V(b)
of the tripartite agreement, the rights of use of roads,
open areas within suit 'B' schedule property are exclusively
vested with the Society. In this regard, a letter dated
09.07.2015 issued by the Society to defendant No.1 is
produced.
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9. It is argued by the learned counsel for the
appellants/defendants that in the said letter, it is not
forthcoming as to which open space in the said document
is specifically stated; therefore, it is argued by the learned
counsel for the appellants/defendants that such open
space may be part and parcel of the layout to the extent
of 10 acre 02 guntas, but not the entire extent of 18 acre
22 guntas. However, in the plan produced by the plaintiffs
there is open space of 100 x 100 ft. is left in the middle of
the layout. Suit 'B' schedule property is the only space
that is surrounded by site No.D-2. The layout plan
produced by the plaintiffs reveals the existence of open
space of 100 x 100 ft., which is earmarked in the centre of
the layout. Defendant No.1 is not disputing the
permission of Silver Spring Layout for the benefit of the
Society and the sites formed by defendant No.1 for the
benefit of members of the Society were sold to various
members. Defendant No.1 is not disputing the open space
measuring 100 x 100 ft. It is the grievance of the
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plaintiffs as pleaded in the plaint that when this open
space is the common area usable for the members of the
plaintiff No.1 - Association and as per the layout plan, the
said open space is left for the benefit of members of
plaintiff No.1 who are purchasers of the sites, then
defendant No.1 has made an attempt to form sites in the
said open space measuring 100 x 100 ft. and alienated
them to defendant Nos.2 to 13, which is illegal.
10. Admittedly, the layout plain is not approved by
any competent authority, but the said layout plan reveals
that there is an open space measuring 100 x 100 ft. in the
middle of the layout. When this being the admitted fact
that defendant No.1 himself formed the layout, therefore
for public utility services such open space is left out and as
per the layout plan it is the only open space left in the
layout plan. Defendant No.1 had executed sale deed to
the Society dated 11.07.1997.
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11. Upon considering the boundaries in the sale
deed as per the Schedule shown therein, on all four sites
there is open common space and road with the site
numbers mentioned on all four sites. Therefore, it prima
facie shows that this open space area was handed over to
plaintiff No.1 by the Society. When this being the fact
revealed, prima facie defendant Nos.2 to 13 are claiming
to be purchasers of the sites in the said open space, which
was formed by defendant No.1. Certainly this would lead
to deprivation of common space which is earmarked for
the benefit of members of the Society, who are the
purchasers of the sites. Therefore, if the defendants are
not injuncted then it may lead to occupation of open space
leaving no space of common utility for the benefit of
members of the plaintiff No.1 - Association. Therefore,
the Trial Court is correct in granting an order of temporary
injunction and the Trial Court has not made any perversity
while passing the order. Hence, I answer point Nos.(i) to
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(iii) in the Negative. Hence, the appeal is liable to be
dismissed.
12. Accordingly, the appeals are dismissed.
However, whatever observations are made above are only
for the purpose of considering the appeal, which is filed
under Order XLIII Rule 1(r) of CPC. Therefore, the Trial
Court shall not be influenced by those observations and
the suit is to be tried and dispose of in accordance with
law after appreciating the evidence on record
independently.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
DR/SRA
