Sravan Kumar Reddy K v. Smt. Aswatha

Karnataka HC22 Jul 2025MFA/5082/2025

Case brief

AI extract

What is this about?

Maintainability of appeal by ex-parte defendant; temporary injunction under Order XXXIX Rules 1 and 2 r/w Section 151 CPC; appeal under Order XLIII Rule 1(r) CPC; efficacious alternative remedy of setting aside ex-parte order before trial Court; restraint on alienation of suit schedule property; O.S.No.26018/2022, 74th Additional City Civil and Sessions Judge, Bengaluru; MFA No.3153/2025 dismissed 26.04.2025; appeal disposed with liberty, no costs.

What did the court decide?

Appeal disposed of with liberty to the appellant to seek appropriate remedy before the trial Court; the application, if filed by the appellant/defendant No.45, to be considered by the trial Court on its merits; no orders as to costs. ¶¶127

Sravan Kumar Reddy K Vs Smt. Aswatha — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appeal by defendant No.45, who was placed ex-parte in O.S.No.26018/2022 and whose application to set aside the ex-parte order is pending before the trial Court, is maintainable before this Court. +1 more

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Court's answer

An appellant placed ex-parte in the suit, who has an efficacious remedy by way of his application pending before the trial Court to set aside the ex-parte order, cannot maintain this appeal without availing that remedy.

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Ratio / Principle

The appeal is disposed of with liberty to the appellant to seek appropriate remedy before the trial Court.

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Key takeaways

The application, if filed by the appellant/defendant No.45, is to be considered by the trial Court on its merits; no orders as to costs.ratio¶¶132

Detailed headnote1 paragraphs

Karnataka High Court (Ramachandra D. Huddar J.) disposed of MFA No. 5082 of 2025 (CPC) filed under Order XLIII Rule 1(r) CPC by defendant No.45 in O.S.No.26018/2022, challenging the trial Court's order dated 02.04.2025 allowing I.A.No.1 under Order XXXIX Rules 1 and 2 r/w Section 151 CPC and granting a blanket temporary injunction restraining all defendants from alienating the suit schedule property till disposal of the suit. The appellant had been placed ex-parte, and his application to set aside the ex-parte order was pending before the trial Court. Held: without availing that efficacious remedy, the appellant cannot maintain the appeal; the appeal was disposed of with liberty to seek appropriate remedy before the trial Court, any such application to be considered on merits, with no order as to costs. The Court noted that co-defendant Rajagopala Reddy's MFA No.3153/2025 against the same order had been dismissed on 26.04.2025 with a direction for time-bound disposal, and that the other defendants had not appealed.

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NC: 2025:KHC:27430 MFA No. 5082 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 5082 OF 2025 (CPC) BETWEEN:

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SRAVAN KUMAR REDDY K AGED ABOUT 43 YEARS MANAGING PARTNER SIZZLE PROPERTIES, NO.290 6^TH CROSS, VIJAYA BANK COLONY MAIN ROAD, DODDA BANASWADI BENGALURU-560 043

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…APPELLANT

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(BY SRI. SHIVASHANKAR K, ADVOCATE)

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AND:

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Digitally signed by ANJALI M Location: High Court of Karnataka

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SMT. ASWATHA D/O SHANKARAPPA REDDY AGED ABOUT 67 YEARS R/AT NO.20, AIYAPPA LAYOUT OPPOSITE ISR SUKRITHI APARTMENT NEAR VARTHUR POLICE STATION THIPPASANDRA ROAD, VARTHUR BENGALURU-560 087

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SMT. CHAMPA D/O SHANKARAPPA REDDY AGED ABOUT 62 YEARS R/AT NO.7, 3^RD MAIN 4^TH CROSS, L.B.SHASTRINAGAR HAL POST, BENGALURU-560 017

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HC-KAR

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SMT. BHAGYA D/O SHANKARAPPA REDDY AGED ABOUT 57 YEARS R/AT B-02, NATURA VILLAS CHAMBENAHALLI DOMMASANDRA POST BENGALURU-562 125

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SMT. SHARADA D/O SHANKARAPPA REDDY AGED ABOUT 75 YEARS R/AT NO.245, AMBATI, 6^TH CROSS BEHIND DEVI EYE HOSPITAL HSR 5^TH SECTOR BENGALURU-560 102

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SMT. UMA D/O SHANKARAPPA REDDY AGED ABOUT 60 YEARS R/AT NO. 220, SHAKTI NIVAS 1^ST MAIN, CHANDRA REDDY LAYOUT S.T. BED LAYOUT, 4^TH BLOCK KORAMANGALA, BENGALURU

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SMT. AMMAYAMMA D/O LATE BANKADARAYAPPA AGED ABOUT 77 YEARS SURIGANAHALLI POST YELLASANDRA POST BANGARPETE TALUK, KOLAR DISTRICT

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MR. H.R. RAJESH S/O LATE B. NAGARATHNA AGED ABOUT 42 YEARS

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SMT. H.R. RAMYA D/O LATE B. NAGARATHNA AGED ABOUT 39 YEARS

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NC: 2025:KHC:27430 MFA No. 5082 of 2025

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HC-KAR

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RESPONDENTS NO.7 AND 8 R/AT NO. 401, 3^RD FLOOR LAKEMONT REGENCY RAMAIAH REDDY COLONY B SECTOR, BASAVANAGAR BENGALURU-560 037

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MRS. SAROJAMMA W/O LATE SRINIVASA REDDY AGED ABOUT 78 YEARS

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MR. SUBASCHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 53 YEARS

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MR. S. JAGADEESH CHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 51 YEARS

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MR. SATHISH CHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 49 YEARS

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MR. GIRISH CHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 47 YEARS

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MR. S. PRAFULLA CHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 56 YEARS

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RESPONDENTS NO.9 TO 14 ARE R/AT NO.301, 3^RD FLOOR LAKE MONT ORCHID APARTMENT 1^ST CROSS, L.B. SHASTRI NAGAR HAL POST, BENGALURU-560 017

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MRS. RAJESHWARI G W/O LATE B. SHAMANNA AGED ABOUT 71 YEARS

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NC: 2025:KHC:27430 MFA No. 5082 of 2025

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HC-KAR

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MR. PRAMOD S S/O LATE B. SHAMANNA AGED ABOUT 47 YEARS

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MR. VINOD. S S/O LATE B. SHAMANNA AGED ABOUT 48 YEARS

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RESPONDENTS NO.15 TO 17 R/AT NO. B-408, 4^TH FLOOR FORTUNA BLUE WINGS TALACAUVERY LAYOUT BENGALURU-560 037

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MRS. JAYALAKSHMI W/O LATE B. NARAYANA REDDY AGED ABOUT 76 YEARS

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MR. ADASHRA N. REDDY S/O LATE B. NARAYANA REDDY AGED ABOUT 41 YEARS

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DR. RAJYASHREE D/O LATE B. NARAYANA REDDY AGED ABOUT 46 YEARS

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RESPONDENTS NO.18 TO 20 R/AT NO. 1958, CHINNANNA NIVAS 14^TH B CROSS, 22^ND MAIN HSR LAYOUT SECTOR-1 BENGALURU-560 102

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MR. JAYARAMA REDDY S/O LATE BANKADARAYAPPA REDDY AGED ABOUT 72 YEARS

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MRS. SNEHA REDDY D/O B. JAYARAMA REDDY AGED ABOUT 34 YEARS

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HC-KAR

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MR. DEEPAK J. REDDY S/O B. JAYARAMA REDDY AGED ABOUT 32 YEARS NO. B 404, 4^TH FLOOR FORTUNA BLUE WINGS TALACAUVERY LAYOUT BENGALURU-560 037

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MRS. R. BHAGYA LAKSHMI W/O LATE B. KRISHNA REDDY AGED ABOUT 71 YEARS

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MRS. SHANTHALA SHEKAR D/O LATE B. KRISHNA REDDY AGED ABOUT 42 YEARS

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MR. BALAJI REDDY S/O LATE B. KRISHNA REDDY AGED ABOUT 40 YEARS

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RESPONDENTS NO.21, 22, 23, 24 to 26 R/AT NO. 201, C BLOCK FORTUNA BLUE WINGS TALACAUVERY LAYOUT BENGALURU-560 037

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MR. MUDDU KRISHNA REDDY B S/O LATE BANKADARAYAPPA AGED ABOUT 76 YEARS

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MR KARTHIK M S/O MUDDUKRISHNA REDDY B AGED ABOUT 36 YEARS

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MR. ABHISHEK M S/O MUDDU KRISHNA REDDY AGED ABOUT 39 YEARS

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RESPONDENTS NO.27 TO 29 ARE R/AT NO. B-403, FORTUNA BLUE WINGS

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HC-KAR

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TALACAUVERY LAYOUT BENGALURU-560 037

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S. RAJAGOPALA REDDY S/O LATE E. SHANKARAPPA REDDY AGED ABOUT 79 YEARS

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MR. JAYANTH REDDY S/O RAJAGOPALA REDDY AGED ABOUT 45 YEARS

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RESPONDENTS NO.30 AND 31 ARE R/AT NO.3, TATA SHERWOOD ROAD E SHANKARAPPA REDDY GARDEN BASAVANAGAR, MARATHALLI COLONY BENGALURU-560 037

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MR. S. NAGARAJA REDDY S/O LATE E. SHANKARAPPA REDDY AGED ABOUT 73 YEARS

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MR. SANDEEP REDDY S/O NAGARAJA REDDY AGED ABOUT 42 YEARS

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MRS. DEEPTHI REDDY D/O NAGARAJA REDDY AGED ABOUT 38 YEARS

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RESPONDENTS NO.32 TO 34 ARE R/AT NO. 33, LAKSHMI NILAYA 1^ST PHASE, 5^TH CROSS BEHIND BASAVANAGAR BUS STOP VEERABHADRANAGAR MARATHAHALLI COLONY BENGALURU-560 037

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MR. S. CHANDRASHEKARA REDDY S/O LATE E. SHANKARAPPA REDDY AGED ABOUT 71 YEARS

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HC-KAR

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MR. RAKSHITH REDDY S/O S. CHANDRASHEKARA REDDY AGED ABOUT 35 YEARS

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MRS. RASHMI REDDY D/O S. CHANDRASHEKARA REDDY AGED ABOUT 35 YEARS

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RESPONDENTS NO.35 TO 37 ARE R/AT NO. 1, TATA SHERWOOD ROAD E SHANKARAPPA REDDY GARDEN BASAVANAGAR, MARATHALLI COLONY BENGALURU-560 037

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S. VIJAYA RAGHAVA REDDY S/O LATE E. SHANKARAPPA REDDY AGED ABOUT 67 YEARS

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ANANYA REDDY D/O S. VIJAYARAGHAVA REDDY AGED ABOUT 32 YEARS

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AKANKSHA REDDY D/O S. VIJAYARAGHAVA REDDY AGED ABOUT 29 YEARS

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RESPONDENTS NO. 38 TO 40 ARE R/AT NO.153, JAYASHANKARA DREAM MEADOWS LAYOUT, KUNDALAHALLI MARATHAHALLI COLONY BENGALURU-560 037

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M. PARAMAHAMSA REDDY S/O PARAMAHAMSA AGED ABOUT 57 YEARS

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GEETHA. G W/O LATE M. VIVEKANANDA REDDY AGED ABOUT 54 YEARS

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HC-KAR

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M. PADMA W/O K. MUNASWAMY REDDY AGED ABOUT 63 YEARS

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M. SAVITHRI W/O PRASAD REDDY AGED ABOUT 63 YEARS

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M. PAAPAMMA W/O Y.S. KRISHNA AGED ABOUT 69 YEARS

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M. RUKMINI W/O LAKSHMAN REDDY AGED ABOUT 71 YEARS

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RESPONDENTS NO.41 TO 46 ARE R/AT NO. 101, 2^ND CROSS 1^ST MAIN, BOMMANAHALLI BENGALURU-560 068

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KANAKAMMA

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W/O M. RAMA REDDY AGED ABOUT 78 YEARS NO.58, NEAR RAMA TEMPLE ANNASANDRAPALYA MAIN ROAD ANNASANDRAPALYA, HAL POST BENGALURU-560 017

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RAJASHANKAR REDDY S/O LATE M. RAMA REDDY AGED ABOUT 56 YEARS R/AT NO. 263, 4^TH FLOOR S.M. MEADOWS, TALACAUVERY LAYOUT BASAVANAGAR, MARATHAHALLI POST BENGALURU-560 037

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RAJAPRAKASH REDDY S/O LATE M. RAMA REDDY AGED ABOUT 52 YEARS

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NC: 2025:KHC:27430 MFA No. 5082 of 2025

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HC-KAR

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R/AT NO. R4411, ROSEWOOD BLOCK TALACAUVERY LAYOUT, BASAVANAGAR MARATHAHALLI POST BENGALURU-560 037

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RAJESH REDDY S/O LATE M. RAMA REDDY AGED ABOUT 40 YEARS R/AT NO. 402, SILVER SPRINGS APTS 6^TH MAIN, OPP. SBI BANK DODDANEKKUNDI, MARATHAHALLI POST BENGALURU-560 037

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G. SRINIVASA REDDY S/O M. GOVINDA REDDY AGED ABOUT 51 YEARS

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G. ASWATHANARAYANA REDDY S/O M. GOVINDA REDDY AGED ABOUT 49 YEARS

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M. NAGARAJ S/O LATE E. MUNISWAMAPPA AGED ABOUT 73 YEARS

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RESPONDENTS NO. 51 TO 53 ARE R/AT NO. 58, NEAR RAMA TEMPLE ANNASANDRAPALYA MAIN ROAD ANNASANDRAPALYA, HAL POST BENGALURU-560 017

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…RESPONDENTS

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(BY SMT. AKSHATHA SHETTY K, ADVOCATE FOR R1 & R2; VIDE TODAYS ORDER NOTICE TO OTHER RESPONDENTS IS DISPENSED WITH [R3 TO R53)

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THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.02.04.2025 PASSED ON IA NO.1 IN O.S.NO.26018/2022 ON THE FILE OF THE 74^TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-75, ALLOWING THE I.A NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC.

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

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ORAL JUDGMENT

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Heard the arguments of learned counsel for the appellant and learned counsel for respondent Nos.1 and 2.

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Defendant No.45/appellant has preferred this

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appeal, being aggrieved by the order dated 02.04.2025 passed in O.S.No.26018/2022 by the 74^th Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH75), wherein the learned trial Court has allowed I.A.No. I filed by the plaintiffs under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 (for short, "CPC"), and granted temporary injunction against all the defendants restraining them from alienating the suit schedule property till disposal of the suit.

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It is submitted by learned counsel for the appellant/defendant No. 45 that, in O.S.No.26018/2022, the appellant/defendant No. 45 was placed ex-parte. The

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HC-KAR

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other defendants appeared and contested I.A.No. I filed by the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of CPC seeking temporary injunction restraining the defendants from alienating the suit schedule properties.

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He further submits that, in the absence of defendant No.45, the said application came to be allowed. As the blanket order is issued by the trial Court, granting temporary injunction in respect of all the properties, now the appellant, being aggrieved by the said order, is before this Court. He submits that, this appellant is concerned with Item no. 3 of the schedule property only. He submits that, he has already moved an application before the trial Court to set aside the ex-parte order passed in O.S.No.26018/2022, and the said application is still pending consideration before the trial Court. He submits that, as he is highly aggrieved by the impugned order, he prays to set aside the said order.

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NC: 2025:KHC:27430 MFA No. 5082 of 2025

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HC-KAR

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On the other hand, the learned counsel for respondent Nos. 1 and 2 submit that, being aggrieved by the said order itself, one Rajagopala Reddy, being one of the defendants in the appeal has filed MFA No. 3153/2025 before this Court. This Court has dismissed the said appeal vide judgment dated 26.04.2025 and even it is directed the trial Court to time-bound disposal of the case. So far as other defendants are concerned, they have not preferred any appeal.

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I have given my anxious consideration to the arguments of both the counsels.

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Evidently, the present appellant is placed exparte in O.S.No.26018/2022 and now, as per the submission of the learned counsel for the appellant, this defendant No.45 has filed an application to set aside the ex-parte order and the said application is still pending consideration by the trial Court. As the other defendants, who have suffered the said injunction order have not

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HC-KAR

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preferred any appeal and one appeal was preferred by one Rajagopala Reddy and it was dismissed by this Court. The

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present appellant without seeking for setting aside the ex-parte order and modification of the impugned order, the appellant cannot maintain this appeal. The remedy is very much available to the appellant to seek appropriate relief of setting aside ex-parte order from the hands of the trial Court in O.S.No.26018/2022.

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It is for the trial Court to decide the lis

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between the plaintiff and defendants. As the appellant is having an efficacious remedy to seek setting aside of modification of the impugned order, placing him ex-parte and without availing that remedy, he cannot maintain this appeal. Therefore, this appeal is disposed of with liberty to the appellant to seek appropriate remedy before the trial Court.

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