Karnataka High Court
Sri D S Ganeshmurthy vs Sri Kempanna on 7 November, 2016
Author: L.Narayana Swamy
Bench: L. Narayana Swamy
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2016
BEFORE
THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY
M.F.A. NO.7515 OF 2016 (CPC)
BETWEEN:
1. SRI.D.S. GANESHMURTHY
S/O. LATE SRI.D.N.SUGNANAMURTHY
AGED ABOUT 44 YEARS.
2. SRI.D.S.SHASHIBHUSHAN
S/O. LATE SRI.D.N.SUGNANAMURTHY
AGED ABOUT 48 YEARS.
3. SMT.GOWRAMMA
W/O. LATE.SRI.D.S.NARASIMHAMURTHY
AGED ABOUT 22 YEARS.
4. MASTER D.N.GOPINATH
S/O. LATE SRI.D.S.NARASIMHAMURTHY
AGED ABOUT 18 YEARS.
ALL ARE RESIDENTS OF
DOBBASPET VILLAGE
SOMPURA HOBLI
NELAMANGALA TALUK
BENGALURU RURAL DISTRIC - 562 123.
... APPELLANTS
(BY SRI.HIREMATH MALLAYYA VEERAYYA, ADV. )
AND:
1. SRI. KEMPANNA
S/O LATE SRI.MELAGIRIYAPPA
AGED ABOUT 54 YEARS.
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2. SRI.K.R.GOVINDARAJU
S/O. LATE K.V.RAMACHANDRAMURTHY
AGED ABOUT 70 YEARS.
3. SMT.SAROJAMMA
W/O. SRI.KEMPANNA ALIAS KEMPAIAH
AGED ABOUT 47 YEARS.
4. SRI.GIRESH
S/O. SRI.KEMPANNA ALIAS KEMPAIAH
AGED ABOUT 31 YEARS.
5. SMT.RAJESHWARI
D/O SRI.KEMPANNA ALIAS KEMPAIAH
AGED ABOUT 23 YEARS.
6. SMT.SIDDAGANGAMMA
D/O SRI.NEELAGIREYAPPA
AGED ABOUT 52 YEARS.
7. SMT.SAROJAMMA
D/O. SMT.SIDDAGANGAMMA
AGED ABOUT 32 YEARS.
RESPONDENT NOS.1 TO 7 ARE RESIDENTS OF
VASAVI ROAD, DOBBASPET VILLAGE
SOMPURA HOBLI
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT - 562 123.
8. SMT.UMADEVI
W/O.SRI.C.RAMESH
AGED ABOUT 32 YEARS
R/O.CHIKKAPUTTAYANA PALYA
CHIKKAMARANAHALLI DAKHALE
KASABA HOBLI
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT - 562 123.
... RESPONDENTS
(BY SRI.VIJAYAKUMAR R., ADV. FOR C/R-8)
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THIS M.F.A FILED UNDER ORDER 43 RULE 1(r) OF
CPC, AGAINST THE ORDER DATED 20.10.2016 PASSED ON
IA NO.9 IN O.S.NO.529/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE, NELAMANGALA, PARTLY ALLOWING IA NO.9
FILED UNDER ORDER 39 RULE 4 R/W SECTION 151 OF
CPC IN RESPECT OF ORDER PASSED BY THIS COURT ON
IA NO.1. THE ORDER OF TEMPORARY INJUCTION
GRANTED BY THIS COURT ON IA NO.3 RESTRAINING THE
DEFENDANTS FROM INTERFEERING WITH THE PLAINTIFFS
PEACEFUL POSSESSION AND ENJOYMENT OFSUIT
SCHEDULE PROPERTY IS HEREBY DISCHARGED AND THE
ORDER OF TEMPORARY INJUNCTION GRANTED BY THIS
COURT IA NO.1 IS KEPT INFACT.
THIS APPEAL COMING UP FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for both the parties.
2. Learned counsel for the respondent No.8 submitted that he has no objection to maintain status quo as on today. Without expressing any opinion on merit taking the above submission on record, this appeal is disposed of. Trial court is directed to expedite the matter and dispose of the same expeditiously.
Sd/-
JUDGE R*