Karnataka High Court
Sri Raja Reddy vs Sri Venkataramana Reddy on 16 January, 2021
Author: S R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
M.F.A.NO.254/2021
C/W
M.F.A.Nos.256/2021, 263/2021, 264/2021, 265/2021(CPC)
IN M.F.A.NO. 254/2021
BETWEEN
SRI RAJA REDDY
S/O LATE MUNI REDDY,
AGED ABOUT 70 YEARS,
R/AT MUDENAHALLI VILLAGE,
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
...APPELLANT
(BY SRI. M. VEERABHADRAIAH, ADVOCATE)
AND
1. SRI VENKATARAMANA REDDY
AGED ABOUT 76 YEARS,
S/O LATE MUNI REDDY,
R/A MUDENAHALLI VILLAGE,
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
2. SMT. PUTTAMMA
W/O LATE VENKATA REDDY,
AGED ABOUT 71 YEARS,
R/A MUDENAHALLI VILLAGE
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562112.
3. SMT. SASHIKALA
D/O LATE VENKATA REDDY,
AGED ABOUT46 YEARS
2
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
4. SMT. PRABHA
D/O LATE VENKATA REDDY,
AGED ABOUT 43 YEARS.
5. SRI PURUSHOTHAMA
S/O LATE VENKATA REDDY,
AGED ABOUT 41 YEARS.
6. SMT. KOMALA
D/O LATE VENKATA REDDY,
AGED ABOUT 39 YEARS,
7. SRI UMESH
S/O LATE VENKATA REDDY
AGED ABOUT 37 YEARS,
PARTIES AT SL NO. 4,5,6, & 7
ALL ARE R/A BEGUR (V) AND (H) BEGUR TALUK
BENGALURU DISTRICT - 560 068.
8 SMT. SHOBA
D/O LATE NARAYANA REDDY
AGED ABOUT 36 YEARS,
R/AT NAGASANDRA VILLAGE
KOTHANUR POST KRISHNAGIRI TALUK
TAMIL NADU STATE - 635 118
9. SRI RAMACHANDRA REDDY
AGED ABOUT 60 YEARS,
S/O LATE RAMA REDDY,
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
10 . SRI NAGARAJA REDDY
AGED ABOUT 58 YEARS
S/O LATE RAMA REDDY
R/A SINGANAIKANAHALLI VILLAGE,
YELAHANKA HOBLI,
BENGALURU NORTH TALUK - 560 064.
3
11 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
D/O RAMA REDDY,
W/O RAMAKRISHNA
R/A PUTTAREDDY PALYA
HAMLET OF KAGGALIPURA
UTTARAHALLI HOBLI, KANAKAPURA TALUK - 560 082.
12 . SMT. JAYAMMA
AGED ABOUT 56 YEARS,
D/O LATE RAMA REDDY
R/A NO. D.E37 NGR LAYOUT
RUPENA AGRAHARA, MADIWALA POST,
BENGALURU - 560 068.
13 . SMT. KAMALAMMA
AGED ABOUT 61 YEARS,
D/O LATE RAMA REDDY,
R/AT NALLASANDRA VILLAGE
TAHALLY KOTHANUR POST
DENKANIKOTE TALUK - 635 118
14 . SRI GOPALA REDDY
AGED ABOUT 66 YEARS,
S/O LATE MUNI REDDY,
15 . SRI ASHWATHA REDDY
AGED ABOUT 60 YEARS,
S/O LATE MUNI REDDY
16 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
W/O LATE SAMPANGI REDDY
17 . SRI SUBBA REDDY
AGED ABOUT 51 YEARS,
S/O LATE SAMPANGI REDDY,
18 . SRI HANUMANTHA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
4
19 . SRI RAJA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
20. SRI A MOHAMMED ILYEZ
AGED ABOUT 61 YEARS,
S/O AMEER SAB.
PARTIES SL NO. 14 TO 20 ALL ARE R/AT MUDENAHALLI
VILLAGE HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
21 . SRI P CHANDRA
S/O PUTTASWAMAIAH,
AGED ABOUT 51 YEARS,
R/AT NO.42, BABASABPALYA
KENGERI HOBLI,
BENGALURU - 560 060.
...RESPONDENTS
(BY SRI. M.C. JAYAKEERTHI, ADVOCATE FOR R-2 TO R-12
NOTICE TO R-1 and R-13 TO R-20 IS D/W
SRI. SHIVAKUMAR, ADVOCATE FOR R-21)
THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 02.12.2020 PASSED ON I.A.NO. 2 IN
R.A. NO. 5069/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDE, RAMANAGARA, TO SIT AT KANAKAPURA,
DISMISSING I.A.NO.2 FILED U/O 39 RULE 1 AN D2 R/W SECTION 151
OF CPC.
IN M.F.A.NO. 256/2021
BETWEEN
SRI RAJA REDDY
S/O LATE MUNI REDDY,
AGED ABOUT 70 YEARS,
R/AT MUDENAHALLI VILLAGE,
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
...APPELLANT
(BY SRI. M. VEERABHADRAIAH, ADVOCATE)
5
AND
1. SRI VENKATARAMANA REDDY
AGED ABOUT 76 YEARS,
S/O LATE MUNI REDDY,
R/A MUDENAHALLI VILLAGE,
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
2. SMT. PUTTAMMA
W/O LATE VENKATA REDDY,
AGED ABOUT 71 YEARS,
R/A MUDENAHALLI VILLAGE
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562112.
3. SMT. SASHIKALA
D/O LATE VENKATA REDDY,
AGED ABOUT46 YEARS
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
4. SMT. PRABHA
D/O LATE VENKATA REDDY,
AGED ABOUT 43 YEARS.
5. SRI PURUSHOTHAMA
S/O LATE VENKATA REDDY,
AGED ABOUT 41 YEARS.
6. SMT. KOMALA
D/O LATE VENKATA REDDY,
AGED ABOUT 39 YEARS,
7. SRI UMESH
S/O LATE VENKATA REDDY
AGED ABOUT 37 YEARS,
PARTIES AT SL NO. 4,5,6, & 7
ALL ARE R/A BEGUR (V) AND (H) BEGUR TALUK
BENGALURU DISTRICT - 560 068.
8 SMT. SHOBA
D/O LATE NARAYANA REDDY
AGED ABOUT 36 YEARS,
6
R/AT NAGASANDRA VILLAGE
KOTHANUR POST KRISHNAGIRI TALUK
TAMIL NADU STATE - 635 118
9. SRI RAMACHANDRA REDDY
AGED ABOUT 60 YEARS,
S/O LATE RAMA REDDY,
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
10 . SRI NAGARAJA REDDY
AGED ABOUT 58 YEARS
S/O LATE RAMA REDDY
R/A SINGANAIKANAHALLI VILLAGE,
YELAHANKA HOBLI,
BENGALURU NORTH TALUK - 560 064.
11 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
D/O RAMA REDDY,
W/O RAMAKRISHNA
R/A PUTTAREDDY PALYA
HAMLET OF KAGGALIPURA
UTTARAHALLI HOBLI, KANAKAPURA TALUK - 560 082.
12 . SMT. JAYAMMA
AGED ABOUT 56 YEARS,
D/O LATE RAMA REDDY
R/A NO. D.E37 NGR LAYOUT
RUPENA AGRAHARA, MADIWALA POST,
BENGALURU - 560 068.
13 . SMT. KAMALAMMA
AGED ABOUT 61 YEARS,
D/O LATE RAMA REDDY,
R/AT NALLASANDRA VILLAGE
TAHALLY KOTHANUR POST
DENKANIKOTE TALUK - 635 118
14 . SRI GOPALA REDDY
AGED ABOUT 66 YEARS,
S/O LATE MUNI REDDY,
7
15 . SRI ASHWATHA REDDY
AGED ABOUT 60 YEARS,
S/O LATE MUNI REDDY
16 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
W/O LATE SAMPANGI REDDY
17 . SRI SUBBA REDDY
AGED ABOUT 51 YEARS,
S/O LATE SAMPANGI REDDY,
18 . SRI HANUMANTHA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
19 . SRI RAJA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
20. SRI A MOHAMMED ILYEZ
AGED ABOUT 61 YEARS,
S/O AMEER SAB.
PARTIES SL NO. 14 TO 20 ALL ARE R/AT MUDENAHALLI
VILLAGE HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
21 . SRI P CHANDRA
S/O PUTTASWAMAIAH,
AGED ABOUT 51 YEARS,
R/AT NO.42, BABASABPALYA
KENGERI HOBLI,
BENGALURU - 560 060.
...RESPONDENTS
(BY SRI. M.C. JAYAKEERTHI, ADVOCATE FOR R-2 TO R-12
NOTICE TO R-1 and R-13 TO R-20 IS D/W
SRI. SHIVAKUMAR, ADVOCATE FOR R-21)
THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 02.12.2020 PASSED ON I.A.NO. 12 IN
R.A. NO. 5069/2018(OLD R.A. 20/2015) ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDE, RAMANAGARA, TO
SIT AT KANAKAPURA, DISMISSING I.A.NO.12 FILED U/O 39 RULE 1
AND 2 R/W SECTION 151 OF CPC.
8
IN M.F.A.NO. 263/2021
BETWEEN
SRI RAJA REDDY
S/O LATE MUNI REDDY,
AGED ABOUT 70 YEARS,
R/AT MUDENAHALLI VILLAGE,
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
...APPELLANT
(BY SRI. M. VEERABHADRAIAH, ADVOCATE)
AND
1. SRI VENKATARAMANA REDDY
AGED ABOUT 76 YEARS,
S/O LATE MUNI REDDY,
R/A MUDENAHALLI VILLAGE,
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
2. SMT. PUTTAMMA
W/O LATE VENKATA REDDY,
AGED ABOUT 71 YEARS,
R/A MUDENAHALLI VILLAGE
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562112.
3. SMT. SASHIKALA
D/O LATE VENKATA REDDY,
AGED ABOUT46 YEARS
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
4. SMT. PRABHA
D/O LATE VENKATA REDDY,
AGED ABOUT 43 YEARS.
5. SRI PURUSHOTHAMA
S/O LATE VENKATA REDDY,
AGED ABOUT 41 YEARS.
9
6. SMT. KOMALA
D/O LATE VENKATA REDDY,
AGED ABOUT 39 YEARS,
7. SRI UMESH
S/O LATE VENKATA REDDY
AGED ABOUT 37 YEARS,
PARTIES AT SL NO. 4,5,6, & 7
ALL ARE R/A BEGUR (V) AND (H) BEGUR TALUK
BENGALURU DISTRICT - 560 068.
8 SMT. SHOBA
D/O LATE NARAYANA REDDY
AGED ABOUT 36 YEARS,
R/AT NAGASANDRA VILLAGE
KOTHANUR POST KRISHNAGIRI TALUK
TAMIL NADU STATE - 635 118
9. SRI RAMACHANDRA REDDY
AGED ABOUT 60 YEARS,
S/O LATE RAMA REDDY,
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
10 . SRI NAGARAJA REDDY
AGED ABOUT 58 YEARS
S/O LATE RAMA REDDY
R/A SINGANAIKANAHALLI VILLAGE,
YELAHANKA HOBLI,
BENGALURU NORTH TALUK - 560 064.
11 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
D/O RAMA REDDY,
W/O RAMAKRISHNA
R/A PUTTAREDDY PALYA
HAMLET OF KAGGALIPURA
UTTARAHALLI HOBLI, KANAKAPURA TALUK - 560 082.
12 . SMT. JAYAMMA
AGED ABOUT 56 YEARS,
D/O LATE RAMA REDDY
10
R/A NO. D.E37 NGR LAYOUT
RUPENA AGRAHARA, MADIWALA POST,
BENGALURU - 560 068.
13 . SMT. KAMALAMMA
AGED ABOUT 61 YEARS,
D/O LATE RAMA REDDY,
R/AT NALLASANDRA VILLAGE
TAHALLY KOTHANUR POST
DENKANIKOTE TALUK - 635 118
14 . SRI GOPALA REDDY
AGED ABOUT 66 YEARS,
S/O LATE MUNI REDDY,
15 . SRI ASHWATHA REDDY
AGED ABOUT 60 YEARS,
S/O LATE MUNI REDDY
16 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
W/O LATE SAMPANGI REDDY
17 . SRI SUBBA REDDY
AGED ABOUT 51 YEARS,
S/O LATE SAMPANGI REDDY,
18 . SRI HANUMANTHA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
19 . SRI RAJA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
20. SRI A MOHAMMED ILYEZ
AGED ABOUT 61 YEARS,
S/O AMEER SAB.
PARTIES SL NO. 14 TO 20 ALL ARE R/AT MUDENAHALLI
VILLAGE HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
11
21 . SRI P CHANDRA
S/O PUTTASWAMAIAH,
AGED ABOUT 51 YEARS,
R/AT NO.42, BABASABPALYA
KENGERI HOBLI,
BENGALURU - 560 060.
...RESPONDENTS
(BY SRI. M.C. JAYAKEERTHI, ADVOCATE FOR R-2 TO R-12
NOTICE TO R-1 and R-13 TO R-20 IS D/W
SRI. SHIVAKUMAR, ADVOCATE FOR R-21)
THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 02.12.2020 PASSED ON I.A.NO. 7 IN
R.A. NO. 5069/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDE, RAMANAGARA, TO SIT AT KANAKAPURA,
DISMISSING I.A.NO.7 FILED U/O 39 RULE 1 AND 2 R/W SECTION 151
OF CPC.
IN M.F.A.NO. 264/2021
BETWEEN
SRI RAJA REDDY
S/O LATE MUNI REDDY,
AGED ABOUT 70 YEARS,
R/AT MUDENAHALLI VILLAGE,
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
...APPELLANT
(BY SRI. M. VEERABHADRAIAH, ADVOCATE)
AND
1. SRI VENKATARAMANA REDDY
AGED ABOUT 76 YEARS,
S/O LATE MUNI REDDY,
R/A MUDENAHALLI VILLAGE,
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
2. SMT. PUTTAMMA
W/O LATE VENKATA REDDY,
AGED ABOUT 71 YEARS,
R/A MUDENAHALLI VILLAGE
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562112.
12
3. SMT. SASHIKALA
D/O LATE VENKATA REDDY,
AGED ABOUT46 YEARS
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
4. SMT. PRABHA
D/O LATE VENKATA REDDY,
AGED ABOUT 43 YEARS.
5. SRI PURUSHOTHAMA
S/O LATE VENKATA REDDY,
AGED ABOUT 41 YEARS.
6. SMT. KOMALA
D/O LATE VENKATA REDDY,
AGED ABOUT 39 YEARS,
7. SRI UMESH
S/O LATE VENKATA REDDY
AGED ABOUT 37 YEARS,
PARTIES AT SL NO. 4,5,6, & 7
ALL ARE R/A BEGUR (V) AND (H) BEGUR TALUK
BENGALURU DISTRICT - 560 068.
8 SMT. SHOBA
D/O LATE NARAYANA REDDY
AGED ABOUT 36 YEARS,
R/AT NAGASANDRA VILLAGE
KOTHANUR POST KRISHNAGIRI TALUK
TAMIL NADU STATE - 635 118
9. SRI RAMACHANDRA REDDY
AGED ABOUT 60 YEARS,
S/O LATE RAMA REDDY,
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
13
10 . SRI NAGARAJA REDDY
AGED ABOUT 58 YEARS
S/O LATE RAMA REDDY
R/A SINGANAIKANAHALLI VILLAGE,
YELAHANKA HOBLI,
BENGALURU NORTH TALUK - 560 064.
11 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
D/O RAMA REDDY,
W/O RAMAKRISHNA
R/A PUTTAREDDY PALYA
HAMLET OF KAGGALIPURA
UTTARAHALLI HOBLI, KANAKAPURA TALUK - 560 082.
12 . SMT. JAYAMMA
AGED ABOUT 56 YEARS,
D/O LATE RAMA REDDY
R/A NO. D.E37 NGR LAYOUT
RUPENA AGRAHARA, MADIWALA POST,
BENGALURU - 560 068.
13 . SMT. KAMALAMMA
AGED ABOUT 61 YEARS,
D/O LATE RAMA REDDY,
R/AT NALLASANDRA VILLAGE
TAHALLY KOTHANUR POST
DENKANIKOTE TALUK - 635 118
14 . SRI GOPALA REDDY
AGED ABOUT 66 YEARS,
S/O LATE MUNI REDDY,
15 . SRI ASHWATHA REDDY
AGED ABOUT 60 YEARS,
S/O LATE MUNI REDDY
16 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
W/O LATE SAMPANGI REDDY
17 . SRI SUBBA REDDY
AGED ABOUT 51 YEARS,
S/O LATE SAMPANGI REDDY,
14
18 . SRI HANUMANTHA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
19 . SRI RAJA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
20. SRI A MOHAMMED ILYEZ
AGED ABOUT 61 YEARS,
S/O AMEER SAB.
PARTIES SL NO. 14 TO 20 ALL ARE R/AT MUDENAHALLI
VILLAGE HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
21 . SRI P CHANDRA
S/O PUTTASWAMAIAH,
AGED ABOUT 51 YEARS,
R/AT NO.42, BABASABPALYA
KENGERI HOBLI,
BENGALURU - 560 060.
...RESPONDENTS
(BY SRI. M.C. JAYAKEERTHI, ADVOCATE FOR R-2 TO R-12
NOTICE TO R-1 and R-13 TO R-20 IS D/W
SRI. SHIVAKUMAR, ADVOCATE FOR R-21)
THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 02.12.2020 PASSED ON I.A.NO. 9 IN
R.A. NO. 5069/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDE, RAMANAGARA, TO SIT AT KANAKAPURA,
DISMISSING I.A.NO.9 FILED U/O 39 RULE 1 AN D2 R/W SECTION 151
OF CPC.
IN M.F.A.NO. 265/2021
BETWEEN
SRI RAJA REDDY
S/O LATE MUNI REDDY,
AGED ABOUT 70 YEARS,
R/AT MUDENAHALLI VILLAGE,
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
...APPELLANT
(BY SRI. M. VEERABHADRAIAH, ADVOCATE)
15
AND
1. SRI VENKATARAMANA REDDY
AGED ABOUT 76 YEARS,
S/O LATE MUNI REDDY,
R/A MUDENAHALLI VILLAGE,
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
2. SMT. PUTTAMMA
W/O LATE VENKATA REDDY,
AGED ABOUT 71 YEARS,
R/A MUDENAHALLI VILLAGE
HOROHALLI HOBALI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562112.
3. SMT. SASHIKALA
D/O LATE VENKATA REDDY,
AGED ABOUT46 YEARS
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112
4. SMT. PRABHA
D/O LATE VENKATA REDDY,
AGED ABOUT 43 YEARS.
5. SRI PURUSHOTHAMA
S/O LATE VENKATA REDDY,
AGED ABOUT 41 YEARS.
6. SMT. KOMALA
D/O LATE VENKATA REDDY,
AGED ABOUT 39 YEARS,
7. SRI UMESH
S/O LATE VENKATA REDDY
AGED ABOUT 37 YEARS,
PARTIES AT SL NO. 4,5,6, & 7
ALL ARE R/A BEGUR (V) AND (H) BEGUR TALUK
BENGALURU DISTRICT - 560 068.
16
8 SMT. SHOBA
D/O LATE NARAYANA REDDY
AGED ABOUT 36 YEARS,
R/AT NAGASANDRA VILLAGE
KOTHANUR POST KRISHNAGIRI TALUK
TAMIL NADU STATE - 635 118
9. SRI RAMACHANDRA REDDY
AGED ABOUT 60 YEARS,
S/O LATE RAMA REDDY,
R/A MUDENAHALLI VILLAGE
HAROHALLI HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
10 . SRI NAGARAJA REDDY
AGED ABOUT 58 YEARS
S/O LATE RAMA REDDY
R/A SINGANAIKANAHALLI VILLAGE,
YELAHANKA HOBLI,
BENGALURU NORTH TALUK - 560 064.
11 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
D/O RAMA REDDY,
W/O RAMAKRISHNA
R/A PUTTAREDDY PALYA
HAMLET OF KAGGALIPURA
UTTARAHALLI HOBLI, KANAKAPURA TALUK - 560 082.
12 . SMT. JAYAMMA
AGED ABOUT 56 YEARS,
D/O LATE RAMA REDDY
R/A NO. D.E37 NGR LAYOUT
RUPENA AGRAHARA, MADIWALA POST,
BENGALURU - 560 068.
13 . SMT. KAMALAMMA
AGED ABOUT 61 YEARS,
D/O LATE RAMA REDDY,
R/AT NALLASANDRA VILLAGE
TAHALLY KOTHANUR POST
DENKANIKOTE TALUK - 635 118
17
14 . SRI GOPALA REDDY
AGED ABOUT 66 YEARS,
S/O LATE MUNI REDDY,
15 . SRI ASHWATHA REDDY
AGED ABOUT 60 YEARS,
S/O LATE MUNI REDDY
16 . SMT. GOWRAMMA
AGED ABOUT 61 YEARS,
W/O LATE SAMPANGI REDDY
17 . SRI SUBBA REDDY
AGED ABOUT 51 YEARS,
S/O LATE SAMPANGI REDDY,
18 . SRI HANUMANTHA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
19 . SRI RAJA REDDY
AGED ABOUT 57 YEARS,
S/O LATE SAMPANGI REDDY.
20. SRI A MOHAMMED ILYEZ
AGED ABOUT 61 YEARS,
S/O AMEER SAB.
PARTIES SL NO. 14 TO 20 ALL ARE R/AT MUDENAHALLI
VILLAGE HAROHALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 112.
21 . SRI P CHANDRA
S/O PUTTASWAMAIAH,
AGED ABOUT 51 YEARS,
R/AT NO.42, BABASABPALYA
KENGERI HOBLI,
BENGALURU - 560 060.
...RESPONDENTS
(BY SRI. M.C. JAYAKEERTHI, ADVOCATE FOR R-2 TO R-12
NOTICE TO R-1 and R-13 TO R-20 IS D/W
SRI. SHIVAKUMAR, ADVOCATE FOR R-21)
18
THIS APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC,
AGAINST THE ORDER DATED: 02.12.2020 PASSED ON I.A.NO. 13 IN
R.A. NO. 5069/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDE, RAMANAGARA, TO SIT AT KANAKAPURA,
DISMISSING I.A.NO.13 FILED U/O 39 RULE 1 AN D2 R/W SECTION
151 OF CPC.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
All these appeals arise out of the common impugned order dated 02.12.2020 passed by the first appellate court dismissing I.A.Nos.2, 7, 9, 12 and 13 respectively filed by the appellants under Order 39 Rules 1 and 2 CPC seeking temporary injunction against the respondents.
2. Heard the learned counsel appearing for the parties and perused the material on record.
3. Before adverting to the rival contentions, it is necessary to note that prior to passing of the impugned order, pursuant to filing the aforesaid I.As., the appellant had approached this Court in W.P.No.11217/2020 which was disposed of by the co-ordinate Bench of this Court with the following directions:-
19
"Both the sides having argued the matter at length, now gracefully agree with the suggestion of this court that the impugned order be set aside and the learned judge of the lower appellate court be requested to take up all the pending applications in the appeal for consideration & disposal within an outer limit of six weeks after hearing all the stake holders, and on the basis of the outcome thereof the appeal itself be taken up for hearing & disposal within an outer limit of five months from the date of passing of the orders on the said applications.
Ordered accordingly keeping open all contentions of the parties.
Learned judge of the Court below shall report disposal of the said appeal within the prescribed, time, to the Registrar General of this Court.
The Registrar (Judicial) is directed to telephonically inform the learned judge of the lower appellate Court about the gist of this order immediately, since the matter is posted for consideration today."
4. Pursuant to the aforesaid order passed by the co- ordinate Bench of this Court, the first appellate court proceeded to pass the impugned order which is assailed by the appellant in these appeals.
20
5. Though, both sides urged several contentions, in the light of the aforesaid order passed by the co-ordinate Bench of this Court directing the first appellate court to dispose of the appeal itself on merits on or before 02.05.2021, without expressing any opinion on the merits / demerits of the rival contentions, I deem it just and proper to dispose of these appeals by issuing certain directions.
6. In the result, I pass the following:-
ORDER
(i) All the appeals are hereby disposed of.
(ii) The common impugned order dated 02.12.2020 passed on I.A. Nos.2,7,9,12 and 13 stands modified.
(iii) Both the appellant and respondents 2 to 12 and 21 shall not alienate, encumber or create any third party interest over the suit schedule property till disposal of R.A.No.5069/2018 and shall also not change or alter the nature and character of the suit schedule property or develop or put up construction on the property till disposal of the appeal".21
(iii) The first appellate court is directed to dispose of the appeal on or before 15.03.2021, without being influenced by the observations and findings recorded by the first appellate court in the impugned order.
(iv) All rival contentions between the parties are kept open and no opinion is expressed on the same.
Sd/-
JUDGE Srl.