1 in the High Court of Karnataka at Bangalore

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 3 RD DAY OF DECEMBER, 2014

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

M.F.A.NO.2001/2010 C/W M.F.A.2911/2010(CPC)

M.F.A.2001/2010:

BETWEEN:

SRI.G.GOPAL REDDY S/O VENKU REDDY AGED ABOUT 48 YEARS R/O NO.32, EAR PLOT F-12-1990 (SEAL) KHANPET, NELLORE DISTRICT ANDHRA PRADESH ..APPELLANT

(BY SRI.SHANMUKHAPPA, ADVOCATE FOR M/s.KESVY & CO.,)

AND:

1.SRI.UMA SHANKAR S/O P.GOPALA REDDY AGED ABOUT 36 YEARS R/O DODDA BANASAWADI BANASWADI-RAMAMURTHY NAGAR MAIN ROAD,

OPP:GEM SCHOOL BANGALORE-43

2.SRI.MANJUNATHA REDDY S/O P.GOPALA REDDY AGED ABOUT 34 YERS R/O DODDA BANASAWADI BANASWADI-RAMAMURTHY NAGAR MAIN ROAD, OPP:GEM SCHOOL BANGALORE- 43

3.SMT.SUNEETHA W/O CHANDRASEKHAR AGED ABOUT 31 YEARS R/O NO.11/9, IST CROSS CAMBRIDGE ROAD ULSOOR, BANGALORE- 08

4.SRI.P.GOPALA REDDY S/O LATE B.Y.PEDDANNA REDDY @ KUVANNA REDDY, SINCE DEAD BY LRS R-1, 2 & 3

5.SRI.P.JANARDHAN REDDY S/O LATE PEDDANNA REDDY @ KUVANNA REDDY, MAJOR, R/O PEDDA REDDY LAYOUT HORAMAVU MAIN ROAD, 2ND FLOOR, SANDEEP TRADING DODDABANASAWADI BANGALORE -43

6.SMT.CHAYADEVI W/O V.BALASUBRAMANIAM AGED ABOUT 38 YEARS

R/O NO.15, IST STAGE 12TH CROSS, INDIRANAGAR BANGALORE-38

7.SRI.V.RAMACHANDRAN S/O LATE VENKATARAMAN R/O NO.15, 12TH CROSS, I STAGE, INDIRANAGAR BANGALORE-560 038

8.SRI.GOPAL REDDY S/O SUNDARAMAI REDDY AGED ABOUT 46 YEARS R/O SARASWATHI NAGAR DAREGAMITTA NELLORE DISTRICT

9.SRI.D.SUNDARAMI REDDY S/O D.VENKATA SUBBA REDDY AGED ABOUT 47 YEARS R/O SARASWATHI NAGAR DAREGAMITTA NELLORE DISTRICT ANDRA PRADESH

10.SRI.VENKATESHWARAIAH S/O RAMANAIDU AGED ABOUT 30 YEARS ANIMAVARI PALYA PEDALVURMANDAL NELLORE DISTRICT ANDHRA PRADESH

11.SMT.PRAMILA REDDY W/O HIMVASULA REDDY AGED ABOUT 42 YEARS R/O FLAT NO.20,

ADARSH NAGAR HUBLI

12.SRI.C.KOTA REDDY S/O C.R.REDDY AGED ABOUT 45 YEARS R/O FLAT NO.20, ADARSH NAGAR HUBLI

13. SRI.G.SUNDARAIAH S/O PEDDA PENCHIRAIAH AGED ABOUT 53 YEARS R/O: 13/T/2, JOURNALIST COLONY, A.S.C.NAGAR, NELLORE DISTRICT ANDHRA PRADESH ..RESPONDENTS

(BY SRI.V.NAGA REDDY, ADVOCATE FOR M/s.V.N.R & ASSOCIATES, ADVOCATES FOR R1-3, R-1 TO R-3 ARE LEGAL HEIRS OF DECEASED R-4 VIDE ORDER DATED 02.12.2014, R-5 SERVED, APPEAL AGAINST R-6 TO 13 STANDS DISMISSED VIDE ORDER DATED 03.11.2014)

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED:08.01.2010 PASSED ON I.NO.11 IN O.S.NO.1152/2004 ON THE FILE OF THE I ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DISMISSING THE I.A.NO.11 FILED UNDER ORDER 39 RULES 1 AND 2 OF CPC, FOR TEMPORARY INJUNCTION.

M.F.A.NO.2911/2010:

BETWEEN:

SRI.D.SUNDARAMI REDDY S/O D.VENKATA SUBBA REDDY AGED ABOUT 47 YEARS R/O NO.275, 13TH CROSS, RMV II STAGE, BANGALORE ..APPELLANT

(BY SRI.SHANMUKHAPPA, ADVOCATE FOR M/s.KESVY & CO., ADVOCATES)

AND:

1.SRI.UMA SHANKAR S/O P.GOPALA REDDY AGED ABOUT 36 YEARS R/O DODDA BANASAWADI BANASWADI-RAMAMURTHY NAGAR MAIN ROAD, OPP:GEM SCHOOL BANGALORE- 43

2.SRI.MANJUNATHA REDDY S/O P.GOPALA REDDY AGED ABOUT 34 YEARS R/O DODDA BANASAWADI, BANASWADI-RAMAMURTHY NAGAR MAIN ROAD, OPP:GEM SCHOOL, BANGALORE -43

3.SMT.SUNEETHA W/O CHANDRASEKHAR AGED ABOUT 31 YEARS R/O NO.11/9, 1ST CROSS

CAMBRIDGE ROAD, ULSOOR BANGALORE- 560008

4.SRI.P.GOPALA REDDY S/O LATE B.Y.PEDDANNA REDDY @ KUVANNA REDDY, SINCE DECEASED BY LRS R-1 TO R-3

5.SRI.P.JANARDHAN REDDY S/O LATE PEDDANNA REDDY @ KUVANNA REDDY, AGED ABOUT 42 YEARS R/O PEDDA REDDY LAYOUT, 2ND FLOOR, SANDEEP TRADING HORAMAVU MAIN ROAD DODDABANASAWADI BANGALORE -560043

6.SMT.CHAYADEVI W/O V.BALASUBRAMANIAM AGED ABOUT 38 YEARS R/A NO.15, IST STAGE 12TH CROSS, INDIRANAGAR BANGALORE- 560038

7.SRI.V.RAMACHANDRAN S/O LATE VENKATARAMAN AGED 37 YEARS R/O NO.15, 12TH CROSS I STAGE, INDIRANAGAR BANGALORE -560038

8.SRI.GOPAL REDDY S/O SUNDARAMI REDDY AGED ABOUT 46 YEARS R/O SARASWATHI NAGAR DAREGAMITTA

NELLORE DISTRICT

9.SRI.G.GOPAL REDDY S/O VENKU REDDY AGED ABOUT 48 YEARS R/O NO.32, EAR PLOT F-12-1990 (SEAL) KHANPET NELLORE DISTRICT ANDHRA PRADESH

10.SRI.VENKATESHWARAIAH S/O RAMANAIDU AGED ABOUT 30 YEARS ANIMAVARI PALYA PEDALVURMANDAL NELLORE DISTRICT ANDHRA PRADESH

11.SMT.PRAMILA REDDY W/O SRINIVASALU REDDY AGED ABOUT 42 YEARS R/O FLAT NO.20, ADARSH NAGAR HUBLI

12.SRI.C.KOTA REDDY S/O C.R.REDDY AGED ABOUT 45 YEARS R/O NO.20, ADARSH NAGAR HUBLI

13.SRI.G.SUNDARAIAH S/O PEDDA PENCHIRAIAH AGED ABOUT 53 YEARS R/O 13/T/2, JOURNALIST COLONY A.S.C.NAGAR, NELLORE DISTRICT,

ANDHRA PRADESH ..RESPONDENTS

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 08.01.2010 PASSED ON I.A.NO.9 IN O.S.NO.1152/2004 ON THE FILE OF I ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BANGALORE, DISMISSING I.A.NO.9 FILED UNDER ORDER 39 RULE 1 & 2 CPC FOR TEMPORARY INJUNCTION.

THESE MFAs COMING ON FOR FINAL DISPOSAL THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

These two appeals have been preferred by defendant

No.7 and 6 respectively questioning the correctness and legality of the order dated 08.01.2010 passed in

O.S.1152/2004 by I Additional City Civil and Sessions Judge,

Bangalore dismissing I.A.No.11 and 9 filed by defendants 7 to

11 and defendant No.6 respectively whereunder they had sought for an order of temporary injunction to restrain the plaintiff and defendants 1 and 2 from alienating, creating

9 charge over portion of Sy.No.118 which has been dismissed by the trial court.

2. Perusal of the order sheet of these two appeals would indicate that in MFA 2001/2010 this court (Co- ordinate Bench) having admitted the appeal on 03.12.2010 has passed an order to the following effect:

“Respondents 1 to 5 are restrained from interfering with the possession of the properties described in the schedule in the application till the disposal of the appeal. Misc. Civil 20966/2010 stands disposed of accordingly”.

Sd/- Judge

This order is passed after considering the statement of objections filed by respondents and hearing the arguments.

Said order is in force till date.

3. Likewise in connected appeal i.e., MFA 2911/2010 on 03.12.2010 after admitting the appeal and after hearing

10 learned advocates appearing for the parties Co-ordinate

Bench of this court has passed the following order:

“Respondents 1 to 5 shall not alienate or encumber or create any charge on the schedule properties described in the application till the disposal of the appeal. Misc. Civil 20967/2010 stands disposed of accordingly”. Sd/- Judge

4. Undisputedly these two orders are operating till today.

Suit is at the stage of cross examination of 2nd defendant. In that view of the matter this court is of the considered view that order passed on 03.12.2010 if ordered to be continued till disposal of the suit and a direction to the trial court to dispose of the suit expeditiously at any rate within four months from the date of receipt of copy of this order would meet the ends of justice and it is needless to state that both parties shall co-operate with the trial court in expeditiously disposing the suits.

In the event of either of the parties were to seek for adjournment without justifiable cause trial court would be at liberty to impose exemplary costs on such of those parties.

Accordingly appeals stand disposed of.

This would be without prejudice to the right of respondents 1 to 3 herein and contention with regard to identity of the property purchased by appellants being kept open to be decided by the trial court after full fledged trial.

Sd/- JUDGE

SBN