Disposed

Shubh Enclave Site Owners Association v. Seeta Dega

Karnataka HC18 Jun 2024MFA/2090/2020

Case brief

AI extract

What is this about?

The High Court disposed of two interlinked first appeals challenging interim injunction orders in a suit for injunction. Noting the suit was set down for evidence, the Court directed the trial court to dispose of the matter expeditiously by November 2024 without granting or refusing the substantive relief sought.

What did the court decide?

Appeals disposed of; trial court directed to dispose of suit by November 2024.

Shubh Enclave Site Owners Association Vs Seeta Dega — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:21609 MFA No. 2090 of 2020 C/W MFA No. 5001 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 2090 OF 2020 (CPC)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 5001 OF 2021(CPC)

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IN MFA 2090/2020

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BETWEEN:

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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SHUBH ENCLAVE SITE OWNERS ASSOCIATION A REGISTERED ASSOCIATION HAVING ITS OFFICE AT GATE NO.1 SHUBH ENCLAVE, HARALUR ROAD, BANGALORE-560102 REPRESENTED BY ITS SECRETARY MS ADITY ROY AGED ABOUT 53 YEARS W/O GOPALKRISHNAN VINEETH NO.34, IST AVENUE, SHUBH ENCLAVE HARLAUR ROAD, BANGALORE-560102.

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(BY SRI. AKSHAY KUMAR.,ADVOCATE)

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…APPELLANT

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AND:

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SEETA DEGA

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AGED ABOUT 77 YEARS W/O LATE PULLAYYA DEGA NO.B-203, LANSDOWNE APARTMENTS 7TH CROSS, DOMLUR BANGALORE-560071.

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2 - NC: 2024:KHC:21609 MFA No. 2090 of 2020 C/W MFA No. 5001 of 2021

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MR U YESHWARDHAN REDDY AGED ABOUT 50 YEARS S/O LATE U L REDDY HAVING HIS OFFICE AT BIG BANYAN ROOTS NO.201, 2ND FLOOR, CARMELARAM ROAD DODDAKKANNELLI, BANGALORE-560035.

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BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N R SQUARE, BENGALURU-560001 REPRESENTED BY ITS COMMISSIONER

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THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE TOWN PLANNING. MAHADEVAPURA RANGE BENGALURU-560048.

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…RESPONDENTS

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(BY SRI.AJAYSHANKAR., ADVOCATE FOR R1 & R2: SRI. H DEVENDRAPPA & SRI. PAWAN KUMAR ADVOCATE FOR R3 & R4)

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED:16.12.2019 PASSED ON IA NO.2 IN O.S.NO.5824/2019 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH NO.28), DISMISSING THE IA NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC.

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IN MFA 5001/2021

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BETWEEN:

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MRS.SEETA DEGA AGED ABOUT 79 YEARS W/O LATE PULLAYYA DEGA NO.B-203, LANSDOWNE APARTMENTS

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- 3 - NC: 2024:KHC:21609 MFA No. 2090 of 2020 C/W MFA No. 5001 of 2021

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7TH CROSS, DOMLUR BANGALORE-560071. REPRESENTED BY GPA HOLDER APPELLANT NO.2.

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MR U YESHWARDHAN REDDY AGED ABOUT 52 YEARS S/O LATE U L REDDY HAVING HIS OFFICE AT BIG BANYAN ROOTS NO.201, 2ND FLOOR, CARMELARAM ROAD DODDAKKANNELLI, BANGALORE-560035.

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… APPELLANTS

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(BY SRI. AJAY RAO, ADVOCATE)

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AND:

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M/S SHUBH ENCLAVE SITE OWNERS ASSOCIATION A REGISTERED ASSOCIATION HAVING ITS OFFICE AT GATE NO.1 SHUBH ENCLAVE, HARALUR ROAD BANGALORE-560102 REPRESENTED BY ITS SECRETARY MS ADITY ROY AGED ABOUT 55 YEARS W/O GOPALKRISHNAN VINEETH NO.34, 1^ST AVENUE, SHUBH ENCLAVE HARLAUR ROAD, BANGALORE-560102.

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BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N R SQUARE, BENGALURU-560001 REPRESENTED BY ITS COMMISSIONER

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THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE TOWN PLANNING. MAHADEVAPURA RANGE BENGALURU-560048.

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…RESPONDENTS

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(BY SRI. AKSHAY KUMAR V JAIN, ADVOCATE FOR R1: SRI. DEVENDRAPPA AND SRI. PAWAN KUMAR, ADVOCATES FOR R2 & R3)

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4 - NC: 2024:KHC:21609 MFA No. 2090 of 2020 C/W MFA No. 5001 of 2021

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THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED:15.09.2021 PASSED ON IA NO.19 IN O.S.NO.5824/2019 ON THE FILE OF THE XIV ADDITIONAL CITY CIVIL JUDGE, BENGALURU (CCH NO.28), ALLOWING THE IA NO.19 FILED U/O.39 RULE 2 R/W SEC.151 OF CPC.

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THESE APPEALS, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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MFA No.2090/2020 under Order 43 Rule 1(r) of the CPC is filed by the plaintiff challenging the order dated 16.12.2019 passed on I.A.No.2 under Order XXXIX Rule 4 read with Section 151 of CPC in O.S.No.5824/2019 before the Principal City Civil Judge, Bangalore.

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MFA No.5001/2021 under Order 43 Rule 1(r) of the CPC is filed by the defendant Nos.1 and 2 challenging the order dated 15.09.2021 passed on I.A.No.19 in O.S.No.5824/2019 before the Principal City Civil Judge, Bangalore.

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5 - NC: 2024:KHC:21609 MFA No. 2090 of 2020 C/W MFA No. 5001 of 2021

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For the sake of convenience, the parties are referred

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to as per their ranking before the Trial Court.

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The plaintiff has filed the suit for injunction in O.S.No.5824/2019 before the Principal City Civil Judge, Bengaluru. Along with the suit, the plaintiff filed I.A.No.2 under Order 39 Rules 1 and 2 read with Section 151 of CPC seeking for temporary injunction restraining the defendants from putting up construction in the suit schedule property. The trial Court by order dated 16.12.2019 dismissed I.A.No.2 and ex-parte ad-interim temporary injunction order passed against defendant Nos.1 and 2 in respect of suit schedule property has been vacated. Being aggrieved by the same, the plaintiff is before this Court in MFA No.2090/2020.

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Thereafter, the plaintiff filed I.A.No.19 under Order

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XXXIX Rule 2 read with Section 151 of CPC seeking direction to restrain defendant Nos.1 and 2 from making use of the suit property for commercial purpose. The trial

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Court by order dated 15.09.2021 allowed the said

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6 - NC: 2024:KHC:21609 MFA No. 2090 of 2020 C/W MFA No. 5001 of 2021

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application. Being aggrieved by the same, defendant Nos.1

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and 2 are before this Court in MFA No.5001/2021.

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Be that as it may. Now, the suit filed by the plaintiff

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before the trial Court is set down for evidence.

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Under this circumstance and in the interest of justice,

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the only relief that can be granted by this Court is to direct the trial Court to dispose of O.S.No.5824/2019 as expeditiously as possible.

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Accordingly, I pass the following order:

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ORDER

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a) The appeals are disposed of.

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b) The trial Court is directed to dispose of the suit on or before the end of November, 2024.

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c) The parties are directed to cooperate for early disposal and are also directed not to take any adjournment in the matter unnecessarily.

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7 - NC: 2024:KHC:21609 MFA No. 2090 of 2020 C/W MFA No. 5001 of 2021

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d) It is made clear that the Trial Court after hearing the parties shall pass appropriate orders

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in accordance with law, without being influenced by any observations made by this Court in this order.

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All pending applications, if any, shall stand disposed

Sd/JUDGE

List No.: 1 Sl No.: 34

Shubh Enclave Site Owners Association v. Seeta Dega

Case brief

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Shubh Enclave Site Owners Association v. Seeta Dega

Case brief

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