The High Court disposed of the appeals by directing the trial court to dispose of the underlying suit expeditiously. It ordered the maintenance of the status quo favoring the appellant's possession until the final outcome.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.F.A.No.1045/2020 c/w M.F.A.No.1048/2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
MISCELLANEOUS FIRST APPEAL NO.1045/2020 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.1048/2020 (CPC)
BETWEEN:
SRI C SRINIVASA S/O SRI M CHINNASWAMY AGED ABOUT 38 YEARS R/AT NO.133, 5TH CROSS “VEERABHADRA NAGARA” HOSAKERAHALLI BANASHANKARI 3RD STAGE BENGALURU – 560 085 …APPELLANT (COMMON)
(BY SRI MOHAN.S., ADVOCATE)
AND:
BOTH ARE R/AT NO.130 OPPOSITE TO PES COLLEGE OF ENGINEERING HOSAKERAHALLI VILLAGE BENGALURU – 560 085 …RESPONDENTS (COMMON)
(BY SRI T A KARUMBAIAH, ADVOCATE)
M.F.A.No.1045/2020 c/w M.F.A.No.1048/2020
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THESE MISCELLANEOUS FIRST APPEALS ARE FILED UNDER ORDER XLIII RULE 1(r) OF CPC PRAYING TO SET ASIDE THE ORDER DATED 20.01.2020 PASSED BY THE XIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-18) IN O.S.NO.3452/2019 ON IA NOS.3 & 2 RESPECTIVELY.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
With consent of both side, the matters are taken up
for final disposal.
for temporary injunction and allowing the application of the defendants for vacating the interim injunction, the plaintiff in O.S.No.3452/2019 has preferred the above appeals.
son. The appellant filed aforesaid suit against the defendants for permanent injunction. The subject matter of the suit is house property bearing No.133 out of Survey No.74 of Hosakerehalli Grama, Bengaluru South Taluk measuring 40’ x 30’.
M.F.A.No.1045/2020 c/w M.F.A.No.1048/2020
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M.F.A.No.1045/2020 c/w M.F.A.No.1048/2020
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decreed. The respondents claim that they took possession of the property in Execution Petition No.2366/2005.
against Sri M.Chinnaswamy, father of the plaintiff for declaration and possession in respect of Survey No.87. That was decreed on 20.02.2019. It is submitted that for execution of that decree, execution petition was filed by defendant No.1.
M.F.A.No.1045/2020 c/w M.F.A.No.1048/2020
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O.S.No.5295/2012 nor the appellant was party to the said suit. At this stage, learned Counsel for the respondents submits that the respondents are ready to maintain the status-quo and the matter may be disposed of directing the trial Court to dispose of the suit expeditiously.
The trial Court is requested to dispose of the suit as expeditiously as possible uninfluenced by any of the observations made in this order. Both parties shall cooperate for trial.
Sd/JUDGE
KSR
1 issue framed by the court
Whether the status quo of the disputed property possession should be maintained pending disposal of the underlying suit.
Sri C. Srinivasa
Sri M. Manjunath
Sri M. Rajesh
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
