Karnataka High Court
Sri.Devaraj vs Lakshmikanthamma on 22 June, 2023
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2023:KHC:21559
WP No. 5729 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 5729 OF 2023 (GM-CPC)
BETWEEN:
1. SRI.DEVARAJ
S/O SUBRAMANI
AGED ABOUT 30 YEARS,
R/AT CHIKKADASANAHALLI,
VILLLAGE, KASABA HOBLI,
SIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT
PIN COPDE 562105.
NOW RESIDING AT
NO 316 B BLOCK
UNIQUE CONCORDS APARTMENT
TATA NAGAR,
BENGALURU.
2. NARAYANASWAMY
S/O UTHAT NALLAPPA
Digitally
signed by AGED ABOUT 55 YEARS,
NARASIMHA
MURTHY
VANAMALA 3. SMT SARITHA
Location: W/O NARAYANASWAMY
HIGH
COURT OF AGED ABOUT 52 YEARS
KARNATAKA
THE APPELLANTS 2 & 3 ARE
R/AT KAMBALIPURA VILLAGE,
SULIBELE HOBLI,
HOSAKOTE TALUK
BANGALORE 562114.
...PETITIONERS
(BY SRI. GANGI REDDY B V.,ADVOCATE)
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NC: 2023:KHC:21559
WP No. 5729 of 2023
AND:
1. LAKSHMIKANTHAMMA
W/O LATE BRAHMACHARI TV
AGED 62 YEARS,
2. S B KARUNAKAR
S/O LATE BRAHMACHARI TV
AGED 31 YEARS,
3. SRI S B MANJUNATH
W/O LATE BRAHMACHARI TV
AGED 29 YEARS,
4. SRI NARYANAMMA
W/O LATE NARAYANACHARY
AGED ABOUT 72 YEARS
5. SMT PRAMEELAMMA
W/O GOINATHACHARI
AGED 39 YEARS
6. SMT GAYATHRAMMA
W/O LATE ASHWATHACHARI
AGED 37 YEARS
7. SRI CHANDRASHEKAR
S/O LATE ASHWATHACHARI
AGED 33 YEARS
8. SRI RAVIKUMAR
S/O LATE ASHWATHACHARI
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NC: 2023:KHC:21559
WP No. 5729 of 2023
AGED 31 YEARS
R4 TO 8 ARE RESIDING AT
PANATHUR, DINNE VILLAGE,
VARTHUR HOBLI,
BENGALURU NORTH TALUK
BENGALURU RURAL DISTRICT.
...RESPONDENTS
(BY SRI. S GANESH SHENOY.,ADVOCATE FOR R1 TO R3;
R4 & R7 SERVED)
THIS WP IS FILED UNDER ARTICLE 227 OF CONSTITUTION
OF INDIA PRAYING TO QUASH THE ORDER DATED 04/02/2023 ON
I.A.NO. 3 FILED UNDER ORDER 41 RULE 5 R/W SEC 151 OF CPC IN
R.A.NO. 50/2021 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC,
SIDLAGHATTA AS ANNEXURE-E AND FURTHER STAY THE
OPERATION JUDGEMENT AND DECREE DATED 18/08/2021 IN
O.S.NO. 57/2010 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
AND JMFC AT SIDLAGHATTA DURING THE PENDENCY OF THE
R.A.NO. 50/2021 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC,
SIDLAGHATTA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition by the appellants in R.A.No.50/2021 on the file of the Senior Civil Judge and JMFC, Sidlaghatta (for short, 'the first appellate Court') is directed against the impugned order dated -4- NC: 2023:KHC:21559 WP No. 5729 of 2023 04.02.2023 passed on I.A.No.3 whereby, the said application (I.A.No.3) filed by the appellant No.1 under Order XLI Rule 5 read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') was dismissed by the first appellate Court.
2. Heard learned counsel for the parties and perused the material on record.
3. The material on record discloses that the respondent Nos.1 to 3-plaintiffs instituted the aforesaid suit against the appellants - defendant Nos.4 to 8 and respondent Nos.4 to 8 - defendant Nos.1 to 4 for declaration, permanent injunction and other reliefs in relation to the suit schedule immovable properties. In the said suit, which was contested by the defendants, the trial Court passed the judgment and decree dated 18.08.2021 decreeing the suit in favour of the plaintiffs against the defendants. Aggrieved by the same, the petitioners-appellants have preferred the aforesaid appeal which is pending before the first appellate Court. In the said appeal, the petitioners having filed the instant application (I.A.No.3) for stay of the judgment and decree of the trial Court, the first appellate Court dismissed the said I.A.No.3 by -5- NC: 2023:KHC:21559 WP No. 5729 of 2023 passing the impugned order, which has assailed in the present appeal.
4. A perusal of the material on record including the impugned order will indicate that there are several contentious issues and disputed questions of law and facts that would arise for consideration which would necessarily have to be decided by the first appellate Court on merits after hearing all the parties. Under these circumstances, without expressing any opinion on the merits/demerits of the rival claims, I deem it just and appropriate to dispose of this petition by directing the first appellate Court to dispose of the aforesaid appeal in R.A.No.50/2021 on merits in accordance with law within a period of two [2] months from the next date of hearing i.e., 26.06.2023 on which date, the appeal stands posted before the first appeal Court.
It is further directed that till disposal of the appeal by the first appellate Court, all parties are directed not to alienate, encumber or create any third party rights over the suit schedule properties. -6-
NC: 2023:KHC:21559 WP No. 5729 of 2023 All rival contentions are kept open and no opinion is expressed on the same.
Subject to the aforesaid directions, the petition stands disposed of.
Sd/-
JUDGE RB