Karnataka High Court
B Ramaiah vs S Munithayappa on 8 February, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2024:KHC:5410
MFA No. 5076 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 5076 OF 2021 (CPC)
BETWEEN:
1. B. RAMAIAH
S/O LATE N. BALAIAH
AGED ABOUT 62 YEARS,
2. B. LAKSHMANA
S/O LATE N. BALAIAH
AGED ABOUT 55 YEARS,
3. SRI B. PARASHURAM
S/O LATE N. BALAIAH
AGED ABOUT 47 YEARS,
ALL ARE RESIDING AT NO.47/1,
SWASTHI ROAD, SHANTHINAGAR
BENGALURU-560027.
...APPELLANTS
Digitally signed (BY SRI. S.G.PARTHASARATHY, ADVOCATE)
by SHARANYA T
Location: HIGH AND:
COURT OF
KARNATAKA
1. S. MUNITHAYAPPA
S/O LATE SHAMANNA
AGED ABOUT 70 YEARS,
2. M. CHANDRASHEKAR
S/O S. MUNITHAYAPPA
AGED ABOUT 47 YEARS,
3. SMT. KANTHAMMA
W/O LATE S. MUNITHAYAPPA
D/O LATE N. BALAIAH
AGED ABOUT 62 YEARS,
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MFA No. 5076 of 2021
ALL ARE RESIDENT OF NO.13,
SWASTHI ROAD, SHANTHINAGAR
BENGALURU-560027.
4. SMT. SHAMA
D/O LATE N. BALAIAH
AGED ABOUT 53 YEARS,
R/AT NO.287
5TH MAIN, ST BED LAYOUT
KORAMANGALA
BENGALURU-560034
5. SMT. AMBUJAKSHI
W/O JAYARAMAIAH
D/O N. BALAIAH
AGED ABOUT 45 YEARS,
R/AT NO.27, 7TH MAIN,
19TH CROSS, KARAGAPPA GARDEN
SRI M. CHINNAIAH ROAD
SAMPANGIRAMANAGAR
BENGALURU-560027
6. SMT. SHARADA
W/O SHIVAKUMAR
D/O LATE N BALAIAH
AGED ABOUT 42 YEARS,
R/AT NO.6, 2ND A MAIN ROAD,
ITTAMADU, BSK 3RD STAGE
BENGALURU-560085.
7. SRI B. CHAMARAJ
S/O LATE N BALAIAH
AGED ABOUT 50 YEARS,
R/O NO.47/1, SWASTHI ROAD
SHATHINAGAR
BENGALURU-560027
8. SMT GIRIJAMMA
W/O DIL BAHADUR
D/O LATE S. MUNISWAMY
AGED ABOUT 58 YEARS,
R/AT NO.2, 4TH CROSS,
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MFA No. 5076 of 2021
G.G. ROAD, EJIPURA
BENGALURU-560047.
9. SMT. GOVINDAMMA
W/O VENKATASWAMY
D/O LATE SHAMANNA
AGED ABOUT 75 YEARS,
R/AT NO.65, 2ND CROSS
NEAR SADGURU ASHRAMA
NELLURAHALLI WHITEFIELD
BENGALURU-560066.
10. SMT. PADMA
W/O LATE MANI
D/O LATE MADAPPA
AND LATE MUNILAKSHMAMMA
AGED ABOUT 47 YEARS,
R/AT NO.11, SWATHI CROSS ROAD
BHEEMANNA GARDEN
SHANTHINAGAR
BENGALURU-560027.
11. SMT. RENUKA
W/O M. CHANDRASHEKAR
D/O LATE MADAPPA AND
LATE MUNILAKSHMAMMA
AGED ABOUT 47 YEARS,
R/AT NO.1298, 14TH CROSS,
2ND STAGE, GIRINAGAR
BENGALURU-560085
12. SMT. JANANI W/O SHASHIDHAR
D/O LATE MADAPPA AND
LATE MUNILAKSHMAMMA
AGED ABOUT 45 YEARS
R/AT NO.23/8, LAKSHMINARAYANA NILAYA
3RD CROSS, 5TH MAIN ROAD
DWARAKANAGR BSK IIIRD STAGE
HOSAKRE HALLI, BENGALURU-560027.
13. SMT. NAGARATHNA
W/O M. CHANDRASHEKAR
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MFA No. 5076 of 2021
D/O LATE MADAPPA AND
LATE MUNILAKSHMAMMA
AGED ABOUT 42 YEARS,
R/O NO.13, SWASTHI ROAD,
BENGALURU-560027.
14. SMT. VIJAYA W/O LATE GOPIKRISHNA
AGED ABOUT 50 YEARS,
15. SMT. CHAITHRA D/O LATE GOPIKRISHNA
AGED ABOUT 32 YEARS,
16. SMT. CHAITHANYA D/O LATE GOPIKRISHNA
AGED ABOUT 30 YEARS,
17. SRI MADHUSUDHAN S/O LATE GOPIKRISHNA
AGED ABOUT 25 YEARS,
RESPONDENTS NO.14 TO 17 ARE
R/O. NO.8, SWASTHI MAIN ROAD,
NEXT TO RAJARAJESHWARI TEMPLE,
SHANTHINAGAR, BENGALURU-560027.
18. THE MANAGER
KARNATAKA BANK LTD.,
KASAVANAHALLI BRANCH
BENGALURU-560035.
...RESPONDENTS
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF
CPC,1908 AGAINST THE ORDER DATED 03.06.2021 PASSED
ON I.A. NO.2 IN O.S.NO.2578/2017 ON THE FILE OF THE
XXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU CITY (CCH NO.23), ALLOWING THE I.A. NO.2
FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION
151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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JUDGMENT
Heard the learned counsel for the appellants.
2. Learned counsel for the appellants would submit that the Trial Court while allowing the application-I.A.No.2 filed by the plaintiffs under Order 39, Rule 1 and 2 read with Section 151 of C.P.C. imposed the condition directing the plaintiffs to give undertaking to compensate for injury or loss that would cause defendant No.2 in case, the plaintiffs fail to get the relief of partition and declaration as prayed in the suit. Learned counsel for the appellants would contend that imposition of said condition would cause prejudice to the right of the plaintiffs and hence, the said condition has to be modified. Learned counsel for the appellants not disputes the other observations made by the Trial Court that the order will not bind on the defendant No.18 with whom the defendant No.2 has already obtained loan by creating mortgage.
3. Having considered the grounds urged, defendant No.2 has already obtained loan from defendant No.18 by mortgaging the property and suit is filed for partition and separate possession by the plaintiffs and the condition imposed by the Trial Court is that, if the plaintiffs are unsuccessful in -6- NC: 2024:KHC:5410 MFA No. 5076 of 2021 getting the relief of partition and declaration, they have to compensate for injury or loss that would cause to defendant No.2. The fact that defendant No.2 had availed loan from defendant No.18 is taken note by the Trial Court. The Trial Court has also taken note of the nature of the suit filed by the plaintiffs and relief is granted restraining the defendant No.2 from alienating the suit schedule property in favour of third parties, pending disposal of the suit.
4. In view of suit being filed, an order of temporary injunction not to alienate the property is granted and having taken note of the said fact into consideration, condition is imposed to give an undertaking to compensate for injury or loss that would cause defendant No.2, in case the plaintiffs fail to get the relief of partition and declaration, I do not find any error committed by the Trial Court in imposing such a condition, taking note of the relief what has been sought and the Trial Court has also taken note of the fact that defendant No.2 had availed loan from defendant No.18 by mortgaging the property. Therefore, the Trial Court has not committed any error in imposing such condition and I do not find any ground to modify the order as claimed by the appellants. -7-
NC: 2024:KHC:5410 MFA No. 5076 of 2021 With these observations, the appeal is dismissed.
Sd/-
JUDGE ST List No.: 1 Sl No.: 28