Sri Muniyappa Vs Smt Munithayamma — Karnataka HC (2025) — LawSathi Research

Sri Muniyappa Vs Smt Munithayamma — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; the appeal was disposed of with a direction to the Trial Court to dispose of O.S.No.400/2016 as early as possible.

Issue for consideration

Whether the temporary injunction granted by the Trial Court on 16.04.2018 in favour of the plaintiffs in O.S.No.400/2016 (restraining the defendant-appellants from alienating item Nos.1, 2, 4 and 5 and from putting up construction in item No.1) calls for interference in this appeal. +1 more

Court's answer

In view of this Court's earlier order protecting the defendants' possession and enjoyment of the constructed portion and the defendants' undertaking not to alienate the suit schedule property till disposal of the suit, nothing remains in the appeal for consideration.

Ratio / Principle

The Trial Court was directed to dispose of O.S.No.400/2016 as early as possible, considering that the suit is of the year 2016.

Detailed headnote1 paragraphs

Civil — Miscellaneous First Appeal under Order XLIII Rule 1(r) CPC against the order dated 16.04.2018 on IA No.7 (Order XXXIX Rules 1 & 2 r/w Section 151 CPC) in O.S.No.400/2016 on the file of the Senior Civil Judge & JMFC, Devanahalli, granting temporary injunction in favour of the plaintiff-respondents in a suit for partition and separate possession — defendants restrained from alienating item Nos.1, 2, 4 and 5 of the suit schedule property and from putting up construction in item No.1 pending disposal of the suit — earlier, on 19.07.2018, the High Court had observed that the building of 25 squares in item No.1 was constructed about ten years before the suit, had protected the defendants' possession and enjoyment of the constructed portion in Sy.No.81/1B, Dharmapura Village, Vijayapura Hobli, Devanahalli Taluk, by injunction, and had permitted works of maintenance, repair and enjoyment — defendants undertook not to alienate the suit schedule property till disposal of the suit — nothing remaining in the appeal for consideration, the appeal is disposed of with a direction to the Trial Court to dispose of the suit of the year 2016 as early as possible.

1 -

NC: 2025:KHC:10014 MFA No. 4537 of 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2025 BEFORE

THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4537 OF 2018 (CPC)

BETWEEN:

SRI MUNIYAPPA S/O LATE VENKATAPPA AGED ABOUT 77 YEARS,

SRI M VENKATESH S/O MUNIYAPPA AGED ABOUT 47 YEARS,

SRI ASWATHA S/O MUNIYAPPA AGED ABOUT 42 YEARS,

ALL ARE RESIDING AT DHARMAPURA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK.

Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

(BY SRI. S. K. ACHARYA, ADV.)

…APPELLANTS

AND:

SMT MUNITHAYAMMA W/O LATE MUNISHAMAPPA, AGED ABOUT 56 YEARS,

M. MANJUNATHA W/O LATE MUNISHAMAPPA AGED ABOUT 29 YEARS,

2 -

NC: 2025:KHC:10014 MFA No. 4537 of 2018

M. SATHISH W/O LATE MUNISHAMAPPA AGED ABOUT 26 YEARS,

ALL ARE R/AT: DHARMAPURA VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK.

…RESPONDENTS

(BY SRI. S.D.N. PRASAD, ADV. FOR R1 TO R3.)

THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.16.04.2018 PASSED ON IA NO.7 IN O.S.NO.400/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, DEVANAHALLI, ALLOWING IA NO.7 FILED BY THE PLAINTIFFS U/O.39 RULES 1&2 R/W SEC.151 OF CPC.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

ORAL JUDGMENT

The defendants being aggrieved by the order dated

16.04.2018 passed on IA Nos. 1 and 7 filed under 39 Rules 1 and 2 r/w Section 151 of Code of Civil Procedure in O.S.No.400/2016 on the file of the Senior Civil Judge

and JMFC, Devanahalli, whereby granting an order of temporary injunction in favour of plaintiffs, have filed the present appeal.

3 -

NC: 2025:KHC:10014 MFA No. 4537 of 2018

The suit in O.S.No.400/2016 is filed by the plaintiffs for partition and separate possession of the suit schedule property by metes and bounds. The order of temporary injunction granted by the Trial Court directs the defendants not to alienate item Nos.1,2,4 and 5 of the suit schedule property pending disposal of the suit and also the defendants are restrained from putting up construction in item No.1 of the suit schedule property pending disposal of the suit.

This Court on 19.07.2018, has observed that the construction of building measuring 25 squares in item No.1 of suit schedule property was about ten years back i.e. before filing of the suit.

This Court by the above said order had protected the possession and enjoyment of the defendants insofar as the constructed portion as on date in Sy.No.81/1B of Dharmapura Village, Vijayapura Hobli, Devanahalli Taluk, by an order of injunction and it is further clarified that the necessary works for the purpose

4 -

NC: 2025:KHC:10014 MFA No. 4537 of 2018

of maintenance, repair and enjoyment of the constructed portion would be permitted.

In response, the defendants undertakes not to alienate the suit schedule property till disposal of the suit as recorded in the aforesaid order. Therefore, in view of this, nothing remains in the appeal for consideration, except direction to be issued to the Trial Court to dispose of the suit as early as possible considering the fact that the suit is of the year 2016. Hence, the appeal is disposed of .

Sd/(HANCHATE SANJEEVKUMAR) JUDGE

SSD List No.: 1 Sl No.: 25