Karnataka High Court
Smt. Munithayamma vs Smt. Narayanamma on 6 November, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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WP No. 24204 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 24204 OF 2023 (GM-CPC)
BETWEEN:
1. SMT. MUNITHAYAMMA,
AGED ABOUT 65 YEARS,
W/O LATE MUNIMARAPPA,
2. SMT. PATALAMMA,
AGED ABOUT 48 YEARS,
D/O LATE MUNIMARAPPA,
3. SRI. M. MUNIRAJA,
AGED ABOUT 46 YEARS,
S/O LATE MUNIMARAPPA,
4. SRI. SURESH,
AGED ABOUT 44 YEARS,
Digitally S/O LATE MUNIMARAPPA,
signed by
SHAKAMBARI
Location:
HIGH COURT 5. SMT. RATHNAMMA,
OF
KARNATAKA AGED ABOUT 40 YEARS,
S/O LATE MUNIMARAPPA,
6. SRI. NAGARAJA. M,
AGED ABOUT 38 YEARS,
S/O LATE MUNIMARAPPA,
ALL ARE RESIDING AT
WARD NO.1,
PRASANNAHALLI VILLAGE,
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WP No. 24204 of 2023
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT.
...PETITIONERS
(BY SRI. R.CHANDRANNA., ADVOCATE)
AND:
1. SMT. NARAYANAMMA,
AGED ABOUT 56 YEARS,
D/O LATE MUNITHOWTAPPA @
MUNIBASAPPA,
W/O LATE ANJINAPPA,
R/AT SADENAHALLI VILLAGE,
HESARAGHATTA HOBLI,
YELAHANKA HOBLI,
BENGALURU NORTH.
2. SMT. ANJINAMMA,
AGED ABOUT 50 YEARS,
D/O LATE MUNITHOWTAPPA @
MUNIBASAPPA,
W/O VENKATESH,
R/AT KOLIPURA VILLAGE,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU NORTH.
3. SMT.MUNIYAMMA,
AGED ABOUT 48 YEARS,
D/O LATE MUNITHOWTAPPA @
MUNIBASAPPA,
W/O NARAYANASWAMY,
R/AT VISHWANATHAPURA VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT.
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4. SMT. SRIDEVI,
AGED ABOUT 26 YEARS,
D/O LATE KEMPAMMA,
5. SRI. SRIDHARA,
AGED ABOUT 24 YEARS,
S/O LATE KEMPAMMA,
RESPONDENTS NO.4 AND 5 ARE
RESIDING AT WARD NO.1,
PRASANNAHALLI,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT.
6. SMT. MUNIYAMMA,
AGED ABOUT 80 YEARS,
D/O LATE GIDDAPPA,
W/O LATE PAPANNA,
RESIDING AT SINGANAYAKANAHALLI
VILLAGE AND POST,
YELAHANKA HOBLI,
YELAHANKA TALUK,
BENGALURU NORTH.
7. SMT. MUNIYAMMA,
AGED ABOUT 66 YEARS,
D/O LATE DODDAHONNAPPA,
W/O LATE MUNIRAJU,
R/AT VISHWANATHAPURA VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT.
8. SMT. ANJINAMMA,
AGED ABOUT 66 YEARS,
D/O LATE DODDAHONNAPPA,
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WP No. 24204 of 2023
W/O LATE MUNISHAMAPPA,
R/AT VISHWANATHAPURA VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT.
9. SRI. NARAYANASWAMY,
AGED ABOUT 63 YEARS,
S/O LATE DODDAHONNAPPA,
R/AT PRASANNAHALLI VILLAGE,
1ST WARD, DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT.
10. SMT. NARAYANAMMA,
AGED ABOUT 58 YEARS,
D/O LATE DODDAHONNAPPA,
W/O HANUMAPPA,
R/AT KACHARAKANAHALLI,
HENNUR POST,
BENGALURU.
11. SMT. RAMAKKA,
AGED ABOUT 52 YEARS,
D/O LATE DODDAHONNAPPA,
W/O LATE KALAPPA,
R/AT SINGANAYAKANAHALLI
VILLAGE AND POST,
YELAHANKA HOBLI,
YELAHANKA TALUK,
BENGALURU NORTH.
12. SRI. DODDANARAYANASWAMY,
AGED ABOUT 68 YEARS,
S/O LATE CHIKKAHONNAPPA,
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13. SMT. THAYAMAKKA,
AGED ABOUT 55 YEARS,
D/O LATE CHIKKAHONNAPPA,
R/AT SINGANAYAKANAHALLI
VILLAGE AND POST,
YELAHANKA HOBLI,
YELAHANKA TALUK,
BENGALURU NORTH.
14. SMT. AKKAYAMMA,
AGED ABOUT 52 YEARS,
D/O LATE CHIKKAHONNAPPA,
R/AT HAROHALLI VILLAGE,
SINGANAYAKANAHALLI POST,
YELAHANKA TALUK,
BENGALURU NORTH.
15. SMT.LAKSHMAMMA,
AGED ABOUT 50 YEARS,
D/O LATE CHIKKAHONNAPPA,
R/AT VHIKKAJALA VILLAGE AND POST,
YELAHANKA TALUK,
BENGALURU NORTH.
16. SMT. KEMPAMMA,
AGED ABOUT 50 YEARS,
W/O LATE CHIKKANARAYANASWAMY,
17. SRI. MANJUNATHA,
AGED ABOUT 32 YEARS,
S/O LATE CHIKKANARAYANASWAMY,
18. SRI. KIRANKUMAR,
AGED ABOUT 29 YEARS,
S/O LATE CHIKKANARAYANASWAMY,
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19. SRI. MUNINANJAPPA,
AGED ABOUT 63 YEARS,
S/O LATE MUNIYAPPA,
20. SMT. AKKAYAMMA,
AGED ABOUT 53 YEARS,
W/O LATE NARAYANASWAMY,
21. SRI. PRAKASH,
AGED ABOUT 35 YEARS,
S/O LATE NARAYANASWAMY,
22. SRI. RAMESH,
AGED ABOUT 30 YEARS,
S/O LATE NARAYANASWAMY,
23. SRI. NANJAPPA,
AGED ABOUT 65 YEARS,
S/O LATE MUNIRAMAIAH,
24. SRI. MURTHY,
AGED ABOUT 40 YEARS,
S/O LATE NARAYANASWAMY,
25. SRI. ANJINAPPA,
AGED ABOUT 31 YEARS,
S/O LATE NARAYANASWAMY,
26. SRI. CHANDRASHEKAR,
AGED ABOUT 52 YEARS,
S/O LATE MUNIRAMAIAH,
27. SRI. NATARAJA,
AGED ABOUT 48 YEARS,
S/O LATE MUNIRAMAIAH,
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WP No. 24204 of 2023
RESPONDENTS NO.12, 16 TO 27 ARE
RESIDING AT WARD NO.1,
PRASANNAHALLI,
DEVANAHALLI TOWN,
BENGALURU RURAL DISTRICT.
...RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 19/09/2023 MADE ON I.A. NO. 2 IN O.S. NO.948/2023
BY THE COURT OF SENIOR CIVIL JUDGE AND JMFC AT
DEVANAHALLI (ANNEXURE - A) AND GRANT AN AD-INTERIM
ORDER OF TEMPORARY INJUNCTION RESTRAINING THE
RESPONDENTS FROM PUTTING UP ANY CONSTRUCTION ON
THE SUIT SCHEDULE LAND, PENDING DISPOSAL OF IN THE
ABOVE SUIT IN O.S. NO.948/2023 BY THE COURT OF SENIOR
CIVIL JUDGE AND JMFC AT DEVANAHALLI GRANT SUCH OTHER
RELIEFS WHICH THIS HONBLE COURT MAY DEEM FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE INCLUDING THE
COSTS OF THE ABOVE WP TO THE PETITIONERS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
The petitioners, plaintiffs are before this Court aggrieved by order dated 19.09.2023 in O.S.No.948/2023 on the file of the Senior Civil Judge and JFMC, Devanahalli, wherein issuance of suit summons and notice on I.A.No.2 was ordered.
2. Heard Sri. R.Chandranna, learned counsel for the petitioners and perused the writ petition papers.
3. Learned counsel for the petitioners would submit that the petitioners-plaintiffs filed O.S.No.948/2023 for a judgment and decree to declare that the plaintiffs are absolute owners to half share out of half share in Sy.No.32/2 measuring 31 guntas and consequently direct the defendants to handover vacant possession of encroached portion of land to the plaintiffs; further direct the defendants to demolish illegal constructions on the suit schedule land on all the four sides.
4. Learned counsel for the petitioners further submits that along with plaint, I.A.No.2 was filed under -9- NC: 2023:KHC:39371 WP No. 24204 of 2023 Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (for short 'CPC'), praying to issue an ad-interim order of temporary injunction restraining the defendants from putting up any construction on the suit schedule land of which plaintiffs are the owners in possession and enjoyment. Learned counsel submits that since the defendants are constructing the building in encroached portion, the trial Court ought to have considered the application and restrain the defendants.
5. Having heard the learned counsel for the petitioners and on perusal of the writ petition papers, at this stage, I am of the view that the trial Court is justified in ordering issuance of summons and notice on I.A.No.2. When the petitioners-plaintiffs themselfs contend that the respondents-defendants have put up pillars and collected building materials on the portion of the suit schedule property, it is appropriate to hear other side and pass appropriate order. I do not find any error in the order passed by the trial Court.
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NC: 2023:KHC:39371 WP No. 24204 of 2023 With the above, writ petition stands rejected.
Sd/-
JUDGE SMJ List No.: 1 Sl No.: 48