Karnataka High Court
Smt Anuradha Muthappa Rai vs Sri Rocky Muthappa Rai on 13 April, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
MISCELLANEOUS FIRST APPEAL NO. 6136 OF 2021 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 6481 OF 2021(CPC)
IN M.F.A.No.6136/2021:
BETWEEN:
SMT ANURADHA MUTHAPPA RAI
WIFE OF LATE MUTHAPPA RAI.N
AGED ABOUT 47 YEARS,
PRESENTLY RESIDING AT
NO.14, I CROSS, SHANTHIVANA LAYOUT,
SAHAKARANAGAR POST,
BENGALURU-560 082.
...APPELLANT
(BY SRI. K S HARISH &
SRI. H.R. GIRIDHAR, ADVOCATES)
Digitally signed AND:
by CHANDANA B
M 1. SRI ROCKY MUTHAPPA RAI
Location: High SON OF LATE MUTHAPPA RAI.N,
Court of AGED ABOUT 40 YEARS,
Karnataka
PERMANENT RESIDENT OF 7E/26-27, RAJMAHAL
APARTMENT, 8TH CROSS, 9TH MAIN ROAD,
RMV EXTENSION, SADASHIVANAGAR,
BENGALURU-560 080.
2. SRI. RICKY MUTHAPPA RAI
SON OF LATE MUTHAPPA RAI.N,
AGED ABOUT 30 YEARS,
PRESENTLY RESIDING AT 7E/26-27,
RAJMAHAL APARTMENT,
8TH CROSS, 9TH MAIN ROAD,
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
RMV EXTENSION, SADASHIVANAGAR,
BENGALURU-560 080.
3. NAVILAHALLY PLANTATION
A PARTNERSHIP FIRM HAVING
ITS OFFICE AT NAVILAHALLI VILLAGE,
K.HOSAKOTE HOBLI,
ALUR TALUK, HASSAN DISTRICT,
REPRESENTED BY ITS PARTNERS.
4. M R STUD FARMS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT, 1956, HAVING ITS REGISTERED
OFFICE AT NO.135/A, 9TH MAIN,
RMV EXTENSION, SADASHIVANANGAR,
BANGALORE-560 080.
5. MRN DEVELOPERS
A PARTNERSHIP FIRM HAVING
ITS REGISTERED OFFICE AT NO.135/A, 9TH MAIN,
RMV EXTENSION, SADASHIVANANGAR,
BANGALORE-560080,
REPRESENTED BY ITS PARTNERS.
6. UNNATHI GRANITES AND EXPORTS
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO.135/A, 9TH MAIN,
RMV EXTENSION, SADASHIVANANGAR,
BANGALORE-560080,
REPRESENTED BY ITS PARTNERS.
7. MRS VENTURES
A PARTNERSHIP FIRM HAVING
ITS REGISTERED OFFICE AT NO.215,
XANADU BIDADI HOBLI,
RAMANAGARA TALUK AND DISTRICT,
REPRESENTED BY IT PARTNERS.
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
8. FOUR M PROPERTIES
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO.135/A, 9TH MAIN,
RMV EXTENSION,
SADASHIVANANGAR, BANGALORE-560080,
REPRESENTED BY ITS PARTNERS.
9. ALPHA DEVANAHALLI PROPERTIES LLP
A LIMITED LIABILITY PARTNERSHIP CREATED
UNDER THE LLP ACT REGISTERED OFFICE
AT NO.135/A, 9TH MAIN, RMV EXTENSION,
SADASHIVANANGAR,
BANGALORE-560 080,
REPRESENTED BY ITS PARTNERS.
10. ALPHA CONSOLIDATED PROJECTS (INDIA) LLP
A LIMITED LIABILITY PARTNERSHIP CREATED UNDER THE
LLP ACT REGISTERED OFFICE
AT NO.135/A, 9TH MAIN, RMV EXTENSION,
SADASHIVANANGAR, BANGALORE-560 080,
REPRESENTED BY ITS PARTNERS.
11. MR VENTURES
A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.348, 12/2,
GROUND FLOOR, 4TH MAIN, 16TH CROSS,
SADASHIVANAGAR, BANGALORE-560 080,
REPRESENTED BY ITS PARTNERS.
12. BIDADI REALTY VENTURES
A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT
NO.135/A, 9TH MAIN, RMV EXTENSION,
SADASHIVANANGAR, BANGALORE-560 080,
REPRESENTED BY ITS PARTNERS.
13. 4 R BUILDERS AND DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT
NO.210/2, II FLOOR, ABOVE RENAULT SHOWROOM,
SADASHIVANAGAR, BANGALORE-560 080,
REPRESENTED BY ITS PARTNERS.
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
14. CANARA EDUCATION SOCIETY
NO.10/1, GROUND FLOOR, LAKSHMINARAYANA COMPLEX,
PALACE ROAD, BANGALORE-560 052,
REPRESENTED BY ITS TRUSTEE
P ASHWIN PAI.
15. SMT. A PUSHPAJA SHETTY
AGED 65 YEARS, WIFE OF JAGANNATHA SHETTY,
DOOR NO.603, SLR MANSION, I BLOCK,
BASAVESHWARA NAGAR,
BANGALORE-560 079.
16. SRI. SANJAY C D
MAJOR, SON OF C H DEVRAJ,
NO.4, BENSON ROAD, BENSON TOWN,
BANGALORE-560 046.
17. NARYANSWAMY G
AGED ABOUT 35 YEARS,
ADVOCATE
NO.26/1, 1ST FLOOR, OPPOSITE TO METRO PILLAR
94-95, KANAKAPURA ROAD,
YELECHENAHALLI,
BENGALURU-560 078.
18. ASHWIN RAI
AGED ABOUT 30 YEARS,
SAJA HOUSE, BULERIKATTE POST,
PUTTUR TALUK,
DAKSHINA KANNADA.
19. M/S PRESENT INFRA PRIVATE LIMITED
A COMPANY REGISTERED UNDER THE COMPANIES ACT,
2013 AND HAVING ITS REGISTERED OFFICE AT NO.2/55/1,
OUTER RING ROAD, OPPOSITE LUMBINI GARDEN,
NAGAVARA, BENGALURU-560045,
REPRESENTED BY ITS DIRECTOR
MR.K .PRAKASH SHETTY.
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
20. M/S GOLDFINCH BUID TECHPRIVATE LIMITED
A COMPANY REGISTERED UNDER THE COMPANIES ACT,
2013 AND HAVING ITS REGISTERED
OFFICE AT NO.2/55/1, OUTER RING ROAD,
OPPOSITE LUMBINI GARDEN, NAGAVARA,
BENGALURU-560045,
REPRESENTED BY ITS DIRECTOR
MR. K .PRAKASH SHETTY
...RESPONDENTS
(BY SRI.A. RAVISHANKAR, ADVOCATE FOR R-1 & R-2
SRI. BADRI VISHAL, ADVOCATE FOR C/R-3 TO R-13 & R-15
SRI. CHANDAN &
SRI. VAMSHI CHANDRASHEKARA, ADVOCATES FOR R-14
SRI. G.R. SRINIVAS, ADVOCATE FOR R-16
SRI. H.C. LOKESHWARA, ADVOCATE FOR R-17 & R-18
R-19 & R-20 SERVED)
THIS MFA IS FILED U/O.43 RULE 1(r) R/W SECTION 151 OF
CPC, AGAINST THE ORDER DT.22.10.2021 PASSED ON IA NO.1 IN
O.S.NO.3046/2020 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, (CCH NO.19), PARTLY
ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SECTION 151
OF CPC.
IN M.F.A.No.6481/2021:
BETWEEN:
1. SRI ROCKY MUTHAPPA RAI
SON OF LATE MUTHAPPA RAI.N,
AGED ABOUT 40 YEARS,
PERMANENT RESIDENT OF 7E/26-27, RAJMAHAL
APARTMENT, 8TH CROSS, 9TH MAIN ROAD,
RMV EXTENSION, SADASHIVANAGAR,
BENGALURU-560 080.
2. SRI. RICKY MUTHAPPA RAI
SON OF LATE MUTHAPPA RAI.N,
AGED ABOUT 30 YEARS,
PRESENTLY RESIDING AT 7E/26-27,
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
RAJMAHAL APARTMENT, 8TH CROSS, 9TH MAIN ROAD,
RMV EXTENSION, SADASHIVANAGAR,
BENGALURU-560 080.
...APPELLANTS
(BY SRI. A. RAVISHANKAR, ADVOCATE)
AND:
1. SMT. ANURADHA MUTHAPPA RAI
AGED ABOUT 47 YEARS
W/O LATE MUTHAPPA RAI
PRESENTLY RESIDING AT NO 14
I CROSS, SHANTHIVAN LAYOUT
SHANKARANAGAR POST
BENGALURU 560 082.
2. NAVILAHALLY PLANTATION
A PARTNERSHIP FIRM HAVING ITS
OFFICE AT NAVILAHALLI VILLAGE
K HOSAKOTE HOBLI, ALUR TLAUK
HASSAN DISTRICT.
REPRESENTED BY ITS PARTNERS.
3. M R STUD FARMS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT NO 135/A, 9TH MAIN, RMV EXTENSION
SADASIVANAGAR, BANGALORE-560 080.
4. MRN DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO 135/A
9TH MAIN, RMV EXTENSION
SADASIVANAGAR, BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS.
5. UNNATHI GRANITES AND EXPORTS
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO 135/A
9TH MAIN, RMV EXTENSION
SADASIVANAGAR, BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS.
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
6. MRS VENTURES
A PARTNERSHIP FIRM HAVING ITS OFFICE
AT NO 215, XANADU, BIDADIHOBLI
RAMANAGARA TALUK AND DISTRICT
REPRESENTED BY ITS PARTNERS.
7. FOUR M PROPERTIES
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO 135/A
9TH MAIN, RMV EXTENSION
SADASIVANAGAR, BANGALORE 560 080.
REPRESENTED BY ITS PARTNERS
8. ALPHA DEVANAHALLI PROPERTIES LLP
A LIMITED LIABILITY PARTNERSHIP
CREATED UNDER THE LLP ACT
REGISTERED OFFICE AT NO 135/A
9TH MAIN, RMV EXTENSION
SADASIVANAGAR, BANGALORE 560 080.
REPRESENTED BY ITS PARTNERS
9. ALPHA CONSOLIDATED PROJECTS (INDIA) LLP
A LIMITED LIABILITY PARTNERSHIP
CREATED UNDER THE LLP ACT
REGISTERED OFFICE AT NO.135/A
9TH MAIN, RMV EXTENSION,
SADASIVANAGAR, BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS
10. MR VENTURES
A PARTNERSHIP FIRM HAVING ITS OFFICE
AT NO 348, 12/2, GROUND FLOOR
4TH MAIN, 16TH CROSS
SADASIVANAGAR, BANGALORE-560 080.
REPRESENTED BY ITS PARTNERS.
11. BIDADI REALTY VENTURES
A PARTNERSHIP FIRM HAVING ITS
REGISTERED OFFICE AT NO 135/A,
9TH MAIN, RMV EXTENSION,
SADASIVANAGAR, BANGALORE 560 080.
REPRESENTED BY ITS PARTNERS
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
12. 4 R BUILDERS AND DEVELOPERS
A PARTNERSHIP FIRM HAVING ITS OFFICE
AT NO 210/2, II FLOOR,
ABOVE RENAULT SHOWROOM,
SADASIVANAGAR, BANGALORE 560 080.
REPRESENTED BY ITS PARTNERS.
13. CANARA EDUCATION SOCIETY
NO 10/1, GROUND FLOOR,
LAKASHMINARAYANA COMPLEX,
PALACE ROAD, BANGALORE 560 052.
REPRESENTED BY ITS TRUSTEE,
P ASHWINPAI.
14. SMT A PUSHPAJA SHETTY
AGED ABOUT 65 YEARS,
W/O JAGANNATHA SHETTY,
DOOR NO 603, SLR MANSION, I BLOCK
BASAVESHWARA NAGAR,
BANGALORE-560 079.
15. SRI SANJAY C D
MAJOR, S/O C H DEVRAJ,
NO 4, BENSON ROAD,
BANGALORE-560 046.
16. NARAYANSWAMY G
AGED ABOUT 35 YEARS,
NO 26/1, 1ST FLOOR,
OPPOSITE TO METRO PILLAR 94-95,
KANAKAPURA ROAD,
YELECHENAHALLI, BANGALORE-560 078.
17. ASHWIN RAI
AGED ABOUT 30 YEARS,
SAJA HOUSE, BULERIKATTE POST,
PUTTUR TALUK, DAKSHINA KANNADA.
18. M/S PRESENT INFRA PRIVATE LIMITED
A COMPANY REGISTERED UNDER THE COMPANIES ACT,
2013 AND HAVING ITS REGISTERED OFFICE
AT NO.2/55/1, OUTER RING ROAD,
OPP LUMBINI GARDEN, NAGAVARA,
BENGALURU 560045,
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MFA No. 6136 of 2021
C/W MFA No. 6481 of 2021
REPRESENTED BY ITS DIRECTOR
MR K PRAKASH SHETTY.
19. M/S GOLDFINCH BUID TECH PRIVATE LIMITED,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 2013
AND HAVING ITS REGISTERED OFFICE AT
NO 2/55/1, OUTER RING ROAD,
OPP LUMBINI GARDEN, NAGAVARA,
BENGALURU-560 045.
REPRESENTED BY ITS DIRECTOR
MR K PRAKASH SHETTY.
...RESPONDENTS
(BY SRI. K.S. HARISH, ADVOCATE FOR R1;
VIDE ORDER DATED 06.12.2021, NOTICE TO R2 TO R19
IS DISPENSED WITH)
THIS MFA IS FILED U/O.43 RULE 1(r) R/W SECTION 151 OF
CPC, AGAINST THE ORDER DT.22.10.2021 PASSED ON IA NO.1 IN
O.S.NO.3046/2020 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, (CCH NO.19), PARTLY
ALLOWING IA NO.1 FILED U/O.39 RULE 1 AND 2 R/W SECTION 151
OF CPC.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Both these appeals are directed against the impugned order dated 22.10.2021 passed in O.S.No.3046/2020 by the VII Addl. City Civil & Sessions Judge, Bengaluru, whereby the application - I.A.No.1 filed by the plaintiff under Order 39 Rules 1 and 2 CPC for temporary injunction restraining the defendant Nos.1, 2 and 19 from alienating or transferring, creating charge, lien, encumbering or creating any third party interest of
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MFA No. 6136 of 2021C/W MFA No. 6481 of 2021 any manner over the suit schedule properties as per the Will was partly allowed by the trial Court.
2. MFA No.6136/2021 is preferred by the appellant - plaintiff while MFA No.6481/2021 is preferred by defendant Nos.1 and 2.
3. On 29.11.2021, this Court passed the following order:
"Heard Sri B.V.Acharya, learned Senior Counsel on admission and I.A.No.1/2021.Learned Counsel for respondent Nos.3 to 13
seeks adjournment.
It is submitted that pending suit, respondent Nos.1 and 2 sold one of the suit schedule property and the appellant is apprehending alienation of the other properties in similar manner.
Under such circumstances, the respondents shall not alienate the suit schedule properties till next hearing date.
List on 06.12.2021."
4. The aforesaid interim order is continued to remain in force and subsists and operate between the parties even till today.
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MFA No. 6136 of 2021C/W MFA No. 6481 of 2021
5. When the matter came up before this Court on 02.03.2023, this Court passed the following interim order for the purpose of enabling further proceedings to go on in the suit before the trial Court:
"Both sides submit that application I.A.No.1/2021 for amendment filed by the plaintiffs under Order VI Rule 17 of CPC is pending adjudication before the Trial Court, and the matter was posted on 28.03.2023 and has been adjourned to 19.04.2023. Learned counsel for the plaintiffs and learned counsel for the defendants jointly submit that they are ready to submit arguments on the said amendment application before the Trial Court, which is to be directed to dispose of the application within the stipulated time frame.
Joint submission is taken on record.
The Trial Court is directed to advance/prepone the matter from 19.04.2023 to 06.03.2023, and to consider and dispose of the said amendment application filed by the plaintiffs on or before 16.03.2023.
Liberty is reserved in favour of all the parties to seek preponement of the case before the Trial court from 19.04.2023 to 06.03.2023 so as to enable the Trial Court to dispose of the amendment application on or before 16.03.2023.
List this matter on 17.03.2023.
The interim orders granted earlier in the present appeals are extended till the next date of hearing."
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MFA No. 6136 of 2021C/W MFA No. 6481 of 2021
6. Subsequently, since further proceedings in the suit were not stayed by this Court, on 17.03.2023 and 30.03.2023, this Court passed further orders to enable the trial Court to commence trial in the suit. The order dated 17.03.2023 reads as under:
"On 2-3-2023, this Court noted that the application for amendment filed by the appellant/plaintiff was pending adjudication and consequently, directed the trial Court to dispose of the application on or before 16-3-2023 and posted the matter for this day.
Learned counsel on both sides inform this Court that application for amendment was allowed by the trial Court vide order dated 16-3-2023.
On instructions, learned counsel for all the respondents-defendants submits that they would not be challenging the said order passed by the trial Court allowing the application for amendment and they would file additional statement of objections on the next date of hearing. It is also brought to my notice that the matter is posted for 11-4-2023.
Submission of the learned counsel for the respondents is placed on record.
The trial Court is directed to pre-pone/advance the matter from 11-4-2023 to 28-3-2023.
Liberty is reserved in favour of the parties to seek pre- ponement/advancement from 11-4-2023 to 28-3-2023.
The appellant is directed to file amended plaint pursuant to said application being allowed. The
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respondents/defendants are directed to file additional written statements, if any, to the amended plaint on 28-3-2023. Liberty is also reserved in favour of the parties to file draft issues so as to enable the trial Court to proceed with the trial of the suit expeditiously.
Re-list these matters on 30-3-2023.
The order dated 30.03.2023 reads as under:
"Interim order earlier granted is extended, till the next date of hearing.
Pursuant to the order made on the last date of hearing i.e., on 17.03.2023, the plaintiff has filed her amended plaint and the respondents have also filed their additional written statement as well as draft issues to the amended pleadings. It is submitted that the matter is posted before the trial Court on 11.04.2023.
The trial Court is directed to frame issues on the next date of hearing i.e., on 11.04.2023 and adjourn the suit to 18.04.2023 to await further directions from this Court.
Re-list these appeals on 13.04.2023.
Interim order granted earlier is extended till the next date of hearing."
7. Learned counsel for both the parties jointly submit that issues have already been framed by the trial Court and the matter is posted for filing of list of witnesses, documents and for trial on 18.04.2023.
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MFA No. 6136 of 2021C/W MFA No. 6481 of 2021
8. Learned counsel for all the parties on instructions jointly submit that they do not have any objections for both the present appeals to be disposed of by directing the interim order passed by this Court dated 29.11.2021 to continue to remain in force till disposal of the suit by the trial Court and by directing the trial Court to dispose of the suit within a stipulated time frame.
9. In view of the aforesaid facts and circumstances and the submissions made at the bar and since the matter is set down for trial before the trial Court on 18.04.2023, though several contentions have been urged by both sides in support of their respective claims, without expressing any opinion on the merits / demerits of any of the rival contentions, I deem it just and appropriate to dispose of both the appeals by modifying the impugned order and by directing that the interim order dated 29.11.2021 passed by this Court shall continue to remain in force till disposal of the suit by the trial Court.
10. The trial Court is further directed to dispose of the suit as expeditiously as possible and on or before 21.12.2023 without being influenced by the findings and observations
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MFA No. 6136 of 2021C/W MFA No. 6481 of 2021 recorded in the impugned order. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
Sd/-
JUDGE SV List No.: 1 Sl No.: 11