[Cites 1, Cited by 0]
Karnataka High Court
Devaki Moolyedi vs Kamala on 22 January, 2026
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MFA No. 7154 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
MISCELLANEOUS FIRST APPEAL NO. 7154 OF 2023 (CPC)
BETWEEN:
1. DEVAKI MOOLYEDI
AGED 65 YEARS,
D/O. POOVU MOOLYEDI,
2. SHAKUNTHALA
AGED 48 YEARS,
3. PURUSHOTHAMA MOOLYA
AGED 46 YEARS,
R/AT SIRSI, SOOR NO.2-59/2,
SITE NO.212, 2ND BLOCK,
KATIPALLA, MANGALORE-575030.
4. HEMAVATHI
AGED 43 YEARS,
Digitally signed by
PREMCHANDRA M R RESPONDENTS NO.1, 2 AND 4 ARE
Location: HIGH R/AT 3-50, SHRI DEVI KRUPA,
COURT OF MUCHUR VILLAGE AND POST,
KARNATAKA MANGALORE 574144.
APPELLANTS NO.2 TO 4 ARE
THE CHILDREN OF NO.1
DEVAKI MOOLYEDI.
5. SUBHASHINI
AGED 45 YEARS,
W/O KISHORE,
R/AT 2-164, PALANEER ROAD,
KAVOOR, MANGALORE - 575015.
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6. LOKESH
AGED 34 YEARS,
S/O OBAYYA BANGERA,
R/AT 3-50, THANDEL HOUSE,
MUCHUR, MANGALORE - 574144.
APPELLANTS NO.5 AND 6 ARE
THE CHILDREN OF LATE GIRIJA
7. LEELA
AGED 63 YEARS,
D/O LATE POOVU MOOLYEDI,
W/O MAHABALA,
8. SADASHIVA
AGED 39 YEARS,
9. PRIYALATHA
AGED 34 YEARS,
APPELLANT NO.8 AND 9 ARE
CHILDREN OF APPELLANT NO.7.
LEELA
APPELLANTS NO.7 TO 9 ARE
R/AT 3-55/B, LACHIL HOUSE,
KULAI, MANGALORE-575019.
10. NARAYANA N MOOLYA
AGED 69 YEARS,
S/O POOVU MOOLYEDI,
R/AT 3-50, SHRI DEVI KRUPA,
MUCHUR VILLAGE AND POST,
MANGALORE-574144.
11. ESARA
ADULT,
12. DAYANAND
ADULT,
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13. DEVAPPA
ADULT,
APPELLANTS NO. 11 TO 13 ARE THE
CHILDREN OF LATE POOVAPPA,
APPELLANTS NO. 11 TO 13 ARE
R/AT 3-55, KULAI LACHIL,
MANGALORE -575019.
14. DOMBAYYA MOOLYA
AGED ABOUT 69 YEARS,
S/O CHINNU MOOLYEDI
R/AT 3-55, KULAI LACHIL,
MANGALORE-575019.
15. ANAND
AGED ABOUT 53 YEARS,
S/O LINGAMMA
R/AT 2-138(2)
NEAR VENKATRAMANA SCHOOL,
KULAI, MANGALORE-575019.
16. CHANDRASHEKAR
AGED ABOUT 51 YEARS,
S/O LINGAMMA
R/AT 2-75(2) DELANTHABETTU,
TENKAMIJARU, MIRAJ POST,
MOODBIDRI-574225.
17. RAMESH K MOOLYA
ADULT,
S/O KAMALA,
R/AT HALERI HOUSE, MIJAR POST,
MANGALURU-564225.
18. MALATHI
AGED ABOUT 42 YEARS,
D/O. LINGAMMA,
R/AT NO. 2-236,
VALANGAJE HOUSE,
KEDILA, D.K. DISTRICT-574 220.
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19. SWARNIKA
MINOR,
20. SWASTIK
MINOR,
APPELLANTS NO.19 AND 20 ARE
CHILDREN OF APPELLANT NO.18
MALATHI AND REPRESENTED BY HER
AS NATURAL GUARDIAN AND
R/AT NO. 2-236, VALANGAJE HOUSE,
KEDILA, D.K. DISTRICT-574 220.
21. JAYASHREE
AGED ABOUT 48 YEARS,
D/O. LATE LALITHA,
R/AT NO. 3-30/2, KALA NIVAS,
NEAR VENKATRAMANA SCHOOL,
KULAI, MANGALORE-575 019.
22. GAGAN
MINOR,
23. YOGITHA
MINOR,
APPELLANTS NO.22 AND 23 ARE
CHILDREN OF NO.21 AND
REPRESENTED BY HER AS
NATURAL GUARDIAN,
JAYASHREE,
AND R/AT NO. 3-30/2, KALA NIVAS,
NEAR VENKTRAMANA SCHOOL,
KULAI, MANGALORE-575 019.
24. SHOBITHA
AGED ABOUT 39 YEARS,
D/O. LATE LALITHA,
R/AT NO. 5-123, SITE NO.40,
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HC-KAR
NEAR MAHANKALI DAIVASTHANA,
KULAI, MANGALORE-575 019.
...APPELLANTS
(BY SRI. CHANDRANATH ARIGA K., ADVOCATE)
AND:
1. KAMALA
AGED ABOUT 78 YEARS
D/O LATE MONU HENGSU
W/O LATE DERANNA @ DERANNA MOOLYA
R/AT 2-17-1440, KITTU PRABHU COMPOUND,
NEAR BALIGA STORE, BEJAI-575004
MANGALORE TALUK.
2. VASANTHI
AGED ABOUT 54 YEARS,
D/O. LATE VARIJA,
W/O. GANGADHARA @ GANGADHAR ANCHAN,
R/AT NO. 4-T-12/27, BORUGUDDE,
NEAR MITRA MANDALA,
DEREBAIL, KONCHADY,
ASHOKNAGAR-575 006
MANGALORE.
3. JANAKI
AGED ABOUT 58 YEARS,
4. NIRANANJAN
AGED ABOUT 40 YEARS,
REPONSENTS NO.3 AND 4
R/AT D NO. 2-17-1436,
KITTU PRABHU COMPOUND,
BEJAI-575 004
MANGALORE TALUK.
5. SHOBHA SHIVAPRAKASH
AGED ABOUT 38 YEARS,
W/O. SHIVAPRAKASH K.S.,
R/AT NO. 2-143E9(1F),
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PRAKASH NILAYA, MURU KATTE,
KUMPALA, SOMESHWARA,
KOTEKAR POST-575 022
MANGALORE TALUK,
RESPONDENT NO.3 IS THE WIFE,
RESPONDENT NO.4 AND 5 ARE
THE CHILDREN OF LATE APPANNA.
6. VINODA
AGED ABOUT 63 YEARS,
W/O. CHANDRAHASA,
R/AT NO. 2-69/4, SAI DURGA,
NEAR NAGAKANNIKA TEMPLE,
KONCHADY, DEREBAIL-575 006
MANGALORE.
7. MOHINI
AGED ABOUT 48 YEARS
W/O YASHAVANTH
R/AT 22-1-105/5, FLAT NO.201,.
MANGALA GARDEN APTS,
BEHIND CANARA BANK,
JEPPU MARKET ROAD - 575 001
MANGALORE TALUK.
RESPONDENTS NO.6 AND 7 ARE
THE CHILDREN OF RESPONDFENT NO.1
KAMALA
8. SUMATHI
AGED ABOUT 51 YEARS
W/O LATE RAMESH
R/AT 2-17-1440,
KITTU PRABHU COMPOUND,
NEAR BALIGA STORE,
BEJAI - 575 004
MANGALORE TALUK.
9. KIRAN KUMAR
AGED ABOUT 37 YEARS,
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R/AT 3-25/K, SURAKSHA NAGARA,
BALYA KUMPALA, SOMESHWARA - 575 023
MANGALORE TALUK.
10. BHAVYA
AGED ABOUT 34 YEARS
R/AT 10-T-120/12, II CROSS,
MANJADKA, SHAKTHINAGAR - 575 016
MANGALORE TALUK.
11. YATHISH ALIAS LATEESH
AGED ABOUT 32 YEARS
R/AT 3-1(E) MITRA NAGARA,
SOMESHWAR, KOTEKAR - 575 022
MANGALORE TALUK.
12. RAJESH
AGED ABOUT 38 YEARS
R/AT 8-100/34, SEETHA NILAYA,
BAJAL, KUNTAL GUDDE,
KANKANADY B- 575 002
MANGALORE TALUK.
13. SUDARSHAN
AGED ABOUT 38 YEARS,
R/AT 8-100/34, SEETHA NILAYA,
BAJAL, KUNTALGUDDE,
KANKANADY B -575002
MANGALORE TALUK
RESPONDENTS NO.9 TO 13 ARE
CHILDREN OF LATE VISHWANATH
AND NETHRAVATHI.
14. SEETHA
W/O LATE VISHWANATH B
AGED ABOUT 55 YEARS,
15. KAVYA
AGED ABOUT 24 YEARS,
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RESPONDENT NO.15 IS THE
DAUGHTER OF NO.14 SEETHA,
RESPONDENTS NO.14 AND 15 ARE
R/AT 8-100/34, SEETHA NILAYA,
BAJAL, KUNTALGUDDE,
KANKANADY B-575002
MANGALORE TALUK
16. RAJENDRA
AGED ABOUT 42 YEARS,
R/AT 3-128/5-3, SHIVA KAMALA
BEHIND BALA SAMRAKSHANA KENDRA
KUTHAR PADAVU, MUNNUR POST-575017
MANGALORE TALUK
17. HAREENDRA
AGED ABOUT 38 YEARS,
R/AT 2-109(6), SHIVA KRIPA,
NEAR KUBEVOOR RAYARA MANE
SHIMANTHU, KENCHANAKERE 574154
MANGALORE TALUK
18. RAVINDRA
AGED ABOUT 42 YEARS,
R/AT 2-60F(8), SHIVA KAMALA
CHELAIRU, HALENGADY-574146,
MANGALORE TALUK
RESPONDENS NO.16 TO 18 ARE
CHILDREN OF LATE SHIVAPPA.
19. LALITHA
AGED ABOUT 64 YERARS
20. SOHAN
AGED ABOUT 34 YEARS
RESPONDENT NO. 19 IS THE WIFE,
AND RESPONDENT NO.20 IS THE
S/O LATE RAMA @ B RAMA
NO. 19 AND 20 ARE
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R/AT 1-105/7, SHREE RAMA DHAMA HOUSE
MAJI, NEAR KARTHIK PRINTERS,
THUMBE VILLAGE AND POST,
VTC BANTWAL, POST-FARANGIPETE- 574 143
BANTWAL.
21. KAMALAKSHA
AGED ABOUT 57 YEARS
S/O LATE VARIJA
R/AT 4-T-12/27, BORUGUDDE,
NEAR MITRA MANDALA
DEREBAIL KONCHADY,
ASHOKNAGAR - 575 006
MANGALORE TALUK
22. HARSHITHA
AGED ABOUT 25 YEARS
D/O NO. 109-VASANTHI
R/AT 4-T-12/27, BORUGUDDE
NEAR MITRA MANDALA
DEREBAIL, KONCHADY
ASHOKNAGAR - 575 006
MANGALORE TALUK
23. M/S GUHAN ASSOCIATES
HAVING OFFICE AT DOOR NO. 3-53/30(1)
VEENU HOMES, KULAI
MANGALURU - 575 019
MR NAVEEN
S/O LATE SHIVAPPA BANGERA
AGED ABOUT 42 YEARS
R/AT GUHAN, 1-230-4,
HOSABETTU, KEREKADU,
MANGALURU - 5750 19
24. PRASHANTH P
S/O GANAPATHI P
AGED ABOUT 43 YEARS
R/AT NO 3-2/5, SHANKARA NILAYA
NEAR VISHNUMOORTHY TEMPLE
KULAI, MANGALORE - 575019
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25. MR ANIL KUMAR S
S/O CHANIYAPPA
AGED 36 YEARS
R/AT SUDEMBALA BAYAR
KASARGOD, KERALA - 671348
26. DIVYA
AGED ABOUT 33 YEARS
W/O ANIL KUMAR,
R/AT 1-102(3) KEREKADU HOUSE,
SHIVASHAKTHI NAGAR
KULAI, MANGALORE - 575 019
27. VASUDEVA KARANTH
AGED ABOUT 34 YEARS
S/O SUBRAYA KARANTH
R/AT 3-105-1A
NEAR VISHNUMURTHY TEMPLE
KULAI, MANGALORE - 575019
28. GIRISHA LAXMAN SALIAN
AGED ABOUT 39 YEARS
R/AT 206, VERTEX VENEZIA APT
VINAYAKA NAGARA, GUNJURU VILLAGE
BANGALORE - 560087
29. ROHITH KULAL MANGALORE
AGED ABOUT 46 YEARS
S/O B CHANDAPPA
R/AT 3/107, ROSHNI NILAYA
CHARUKOTTIGE
NEAR OM PAVERS FACTORY
KORGI KUNDAPURA
UDUPI - 576231
30. PRAJWAL NAYAK
AGED ABOUT 30 YEARS
S/O PRAKASH NAYAK P
31. MADHUSHREE
AGED ABOUT 30 YEARS
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W/O PRAJWAL NAYAK
RESPONDENTS NO. 30 AND 31 ARE
R/AT 1-N-33-3003/6
VAIBHAV, KODIKAL ROAD,
URWA STORE, ASHOKNAGAR,
MANGALURU - 575 006
32. ROOPA S
S/O SANJEEVA KAUP
AGED ABOUT 45 YEARS
R/AT 2-123B, THOKUR (10)
HALENGADY - 574 146
MANGALURU
33. SANDHYA
AGED ABOUT 31 YEARS
W/O VINAYA PRAKASH V
R/AT D NO. 2-146/1,
SHRI LAKSHMI PRASAD NIVAS
KUCCHIGUDDE, KULAI,
MANGLAORE - 575019
34. RAGHAVENDRA HEBBAR K.V.,
AGED ABOUT 39 YEARS
S/O K VASUDEVA HEBBAR
R/AT 3-104/6, VISHNU NILAYA
VISHNUMURTHY TEMPLE ROAD,
KULAI, MANGALORE - 575 019
35. VISHWANATH B N
S/O LATE BHASKAR NAIR
AGED ABOUT 47 YEARS
R.AT 7-303, SITE NO 172, 7TH BLOCK
KRISHNAPURA, SURATHKAL,
MANGALORE - 575014
36. MANOJ P
S/O GANAPATHI P
AGED ABOUT 46 YEARS
R/AT 3-2/5, SHANKARA NILAYA
NEAR ANKUR PLAY SCHOOL, KULAI,
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MANGALORE - 575019
37. DEEPAK R SHETTY
S/O BABY R SHETTY
AGED ABOUT 40 YEARS
R/AT DOOR NO. 5-9-107/8, MATHRU KRIPA
NEAR NAGABRAHMA TEMPLE,
ALAKE, KODIALBAIL - 575 003
MANGALURU
38. VANISHREE PUTHRAN
AGED ABOUT 39 YEARS
W/O DEEPAK R SHETTY
R/AT DOOR NO 6-37, PUTHRAN NIVAS
PLOT NO. 33, KULAI, CHITRAPURA - 575 019
MANGALURU.
39. NAVEEN
AGED ABOUT 44 YEARS
S/O LATE SHIVAPPA BANGERA
R/AT DOOR NO 4-15/1,
SRI LAKSHMI KRUPA
FISHERIES ROAD, HOSABETTU,
KULAI - 575019
MANGALURU
40. H RANJITHA RAO
AGED ABOUT 32 YEARS
D/O H RAJARAM RAO
R/AT 5-189/1, SITE NO.113
5TH BLOCK, KRISHANAPURA,
KATIPALLA VILLAGE 575030
MANGALORE TALUK
41. RAJESH RAO
AGED ABOUT 46 YEARS
S/O ANANTHARAM RAO
R/AT 1-29-2437/2
PANCHAVATI HOUSE
BEHIND GOKUL HALL
ASHOKNAGAR
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MANGALORE 575006
42. ASHOK ANCHAN
AGED ABOUT 51 YEARS
S/O LATE MANJAPPA POOJARI
R/AT D NO 2-147/2E4
MANJAPPA, POOJARI COMPOUND
KULAI, KUCHIGUDDE
MANGALURU 575019
43. PRAVEEN
S/O LATE SRINIVAS ACHARYA
AGED ABOUT 36 YEARS
R/AT 2-1, BORUGADDE,
ARKULA - 574143
MANGALORE TALUK
44. SESAPPA NAIK N
S/O VAMANA NAIK
AGED ABOUT 63 YEARS
R/AT 2-26/4, GREEN VIEW COMPOUND
SANNANAGARA, KULAI
MANGALORE - 575019.
45. SUDESH SHENOY S.,
S/O D SATHISH SHENOY
AGED ABOUT 37 YEARS
46. VANDANA S SHENOY
AGED ABOUT 35 YEARS
W/O SUDEESH SHENOY S
RESPONDENTS NO.45 AND 46 ARE
R/AT N8-72/2(19)
FLAT NO 304, S4 SKY APARTMENT
KANA KATLA, ASHRAYA COLONY ROAD,
IDDYA, SURATHKAL 575014
MANGALORE
...RESPONDENTS
(BY SRI. O.SHIVARAMA BHAT, ADVOCATE FOR
C/R1, R2, R4, R6 TO R11, R13, R14, R18, R21 AND R22
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AND ALSO FOR R16 R17, R25, R26, R28, R30,
R31, R32, R33, R35, R37, R43 TO R46;
SRI. S.RAJASHEKAR, ADVOCATE FOR C/R23, R29 AND R39;
SRI M.SUDHAKAR PAI, ADVOCATE FOR C/R41, R34, R27, R36
AND R42 AND ALSO FOR R24 AND R40;
R3, R5, R12, R15, R19, R20 ARE
SERVED AND UNREPRESENTED
VIDE ORDER DATED 28.01.2025,
NOTICE TO R38 IS HELD SUFFICIENT)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE,
1908.
THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR
HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS
UNDER:
ORAL JUDGMENT
Sri.Chandranath Ariga.K., counsel for the appellants,
Sri.O.Shivarama Bhat., counsel for caveator/ respondents 1, 2,
4, 6 to 11, 13, 14, 16, 17, 18, 21, 22, 25, 26, 28, 30, 31, 32,
33, 35, 37, 43 to 46, Sri.M.Sudhakar Pai., counsel for caveator/
respondents 41, 34, 27, 36 & 42 in CP No.16159/2023 & also
for 24 & 40 and Sri.S.Rajashekar., counsel for caveator/
respondents 23, 29, 39 have appeared in person.
2. The appeal is filed to set-aside the order
dated:08.09.2023 passed by the Court of I Addl. Senior Civil
Judge and CJM at Mangaluru, D.K., on I.A.No.V in
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O.S.No.328/2022 on several grounds as set-out in the
Memorandum of appeal.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the appeal
papers with care.
4. Sri.Chandranath Ariga.K., counsel for the appellants
in presenting his arguments submits that this Court vide order
dated:19.12.2023, permitted the respondents to put up
construction on the suit schedule property, in accordance with
law and they are restrained from alienating the suit schedule
property, till the next date of hearing and the interim order is
continued as of today. Counsel, therefore, submits that some of
the parties to the lis are the senior citizens and the Trial Court
may be directed to dispose of the suit as expeditiously as
possible and the interim order granted by this Court may be
continued till disposal of the suit.
Counsel for the respondents though opposed,
acknowledges the said submission.
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5. Taking note of the age of the parties, the appeal is
disposed of requesting the Trial Court to dispose of the suit as
expeditiously as possible within an outer limit of one year from
the receipt of certified copy of this order. Interim order granted
earlier by this Court shall continue to operate till the disposal of
the suit.
6. With the above observations the appeal is
disposed of. Needles to say the Trial Court shall not be
influenced by the observations made by the Court in the order
passed by the Trial court on I.A.No.5 and dispose of the suit in
the merits in accordance with law.
Because of disposal of the appeal, interim order granted if
any stands discharged and pending interlocutory applications if
any are disposed of.
SD/-
(JYOTI M)
JUDGE
MRP
List No.: 1 Sl No.: 66
