Smt Pushpa Vs Sri Venkatachala Reddy — Karnataka HC (2025) — LawSathi Research

Smt Pushpa Vs Sri Venkatachala Reddy — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of with remittal: the Trial Court to consider the appellant's I.A.Nos.1 and 2 (ad-interim temporary injunction; restraint on defendant No.12 from changing the nature of the property); interim stay against defendant No.12 extended till disposal of I.A.No.2/2024; Trial Court to dispose of the interlocutory applications within four weeks of receipt of the order copy; respondents to appear before the Trial Court on 18.01.2025 without further notice.

Issue for consideration

Whether the Miscellaneous First Appeal under Order 43 Rule 1(r) CPC is maintainable against an order by which the Trial Court only issued emergent notice and passed no executable order (objection raised by counsel for respondent Nos.1 to 5). +1 more

Court's answer

The Trial Court had issued notice only to the respondents and passed no order or suitable order; therefore the matter required remitting back to the Trial Court for considering the interlocutory applications filed by the appellant/plaintiff.

Ratio / Principle

The appeal is disposed of and the matter is remitted back to the Trial Court for considering the interlocutory applications filed by the appellant.

Key takeaways

The interim stay earlier granted by this Court against defendant No.12 is extended till disposal of I.A.No.2/2024 by the Trial Court.ratio¶55
The Trial Court is to endeavour to dispose of the interlocutory applications within four weeks from the date of receipt of a copy of this order.ratio¶56
The respondents shall appear before the Trial Court on 18.01.2025 (the date fixed by the Trial Court) without any further notice.

Detailed headnote1 paragraphs

MFA No. 7902 of 2024 under Order 43 Rule 1(r) CPC filed by Smt. Pushpa against the order dated 25.11.2024 of the I Additional Senior Civil Judge, Bengaluru Rural District, in O.S.No. 2095/2024, whereby the Trial Court issued only emergent notice on I.A.Nos. I and II (I.A.No.1/2024 seeking ad-interim temporary injunction against defendants 1 to 12; I.A.No.2/2024 restraining defendant No.12 from changing the nature of the property until disposal of the suit). Observing that the Trial Court had passed no executable order or suitable order and that a co-ordinate bench had already granted interim stay against respondent No.12, the High Court disposed of the appeal and remitted the interlocutory applications to the Trial Court for consideration; extended the interim stay against defendant No.12 (Total Environment Constructions Pvt. Ltd.) till disposal of I.A.No.2/2024; directed the Trial Court to endeavour to dispose of the applications within four weeks from receipt of a copy of the order; and required the respondents to appear before the Trial Court on 18.01.2025 without further notice.

1 -

NC: 2025:KHC:324 MFA No. 7902 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 7902 OF 2024 (CPC-)

BETWEEN:

SMT. PUSHPA D/O LATE. KONDA REDDY, W/O S.R. GOPAL REDDY, AGED ABOUT 66 YEARS, R/AT NO.78, SORAHUNASE VILLAGE VARTHUR POST, BENGLAURU EAST TALUK, BENGLAURU DISTRICT - 560 087.

…APPELLANT

(BY SRI. ANANDA K., ADVOCATE)

Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

AND:

SRI. VENKATACHALA REDDY S/O LATE. KONDA REDDY, AGED ABOUT 64 YEARS, R/AT NO. 29, KYALASANAHALLI VILLAGE, K.R. PURA HOBLI, BENGLAURU EAST TALUK, BENGALURU DISTRICT - 560 077.

2 -

NC: 2025:KHC:324 MFA No. 7902 of 2024

SRI. NARAYANASWAMY @ NARAYANA REDDY, S/O LATE KONDA REDDY, AGED ABOUT 57 YEARS, R/AT 17/17, NANDANA LAYOUT, KYALASANAHALLI VILLAGE, K.R. PURA HOBLI, BENGLAURU EAST TALUK, BENGALURU DISTRICT - 560 077.

SRI. LINGA REDDY, S/O LATE. KONDA REDDY, AGED ABOUT 54 YEARS, R/AT NO. 25, KYALASANAHALLI VILLAGE, K.R. PURA HOBLI, BENGLAURU EAST TALUK, BENGALURU DISTRICT - 560 077.

SMT. RUKKAMMA, D/O LATE. KONDA REDDY, W/O THIMMARAYA REDDY, AGED ABOUT 76 YEARS, R/AT NO. 105, FARM HOUSE, NEAR PODAR INTERNATIONAL SCHOOL, VIJAYANAGAR ROAD, HINKAL, MYSURU - 570 017.

SRI. NAVEEN KUMAR K.V., S/O VENKATACHALA REDDY, AGED ABOUT 36 YEARS, R/AT NO. 29,

3 -

NC: 2025:KHC:324 MFA No. 7902 of 2024

KYALASANAHALLI VILLAGE, K.R. PURA HOBLI, BENGLAURU EAST TALUK, BENGALURU DISTRICT - 560 077.

SRI. K.M. CHANDRASHEKAR, S/O LATE. MUNISWAMAPPA, AGED ABOUT 40 YEARS, R/AT NO. 112, KYALASANAHALLI VILLAGE, NEAR MUNESHWARA TEMPLE, DR. SHIVARAM KARANTH NAGAR, BENGALURU - 560 077.

SMT. MOTIA RANI ANAND, W/O SRI. SHAM NARAIN ANAND, AGED ABOUT 78 YEARS, R/AT NO. 20 AND 21, 'B' BLOCK, HOUSE NO. G-A, DIWANARAPALYA, 8TH 'A' CROSS, MSRIT POST, BENGLAURU - 560 054.

SRI. PAWAN KUMAR ANAND, S/O SHAM NARAIN ANAND, AGED ABOUT 56 YEARS, R/AT NO. 18 AND 19 'A' BLOCK, HOUSE NO. G-C, DIWANARAPALYA, 8TH 'A' CROSS, MSRIT POST, BENGLAURU - 560 054.

SRI. RECHARD A., S/O A. AMBROSE,

4 - NC: 2025:KHC:324 MFA No. 7902 of 2024

AGED ABOUT 37 YEARS, R/AT NO. 327, OHLONES ST. FREMONT, CALOFPRMOA, UNITED STATES OF AMERICA-94539.

REPRESENTED BY HIS GPA HOLDER

SMT. JOSEPHINE SELVI, W/O LATE. AMBROSE, R/AT OLD NO. 5/292, NEW NO. 3-371, RICE MILL STREET, SARUGANI STREET, MARANISARUGANI, SHIVAGANGA, TAMIL NADU - 630 411.

PRESENTLY RESIDING AT

SMT. JOSEPHINE SELVI, W/O LATE. AMBROSE, NO. 4, 5TH CROSS, ESHWARAPPA LAYOUT, KOTHANURU, BENGLAURU - 560 077.

SMT. REVATHI V, D/O VIJAYAN, AGED ABOUT 35 YEARS, R/AT NO. 30, GROUND FLOOR, 11TH CROSS, SADASHIVA TEMPLE, KANAKADASA LAYOUT, MARUTHI SEVANAGAR POST, BENGALURU - 560 033.

5 -

NC: 2025:KHC:324 MFA No. 7902 of 2024

SRI. SUSANTA PAL, S/O BANAMALY PAL, AGED ABOUT 46 YEARS, R/AT NO. 30, 3RD FLOOR, S. NO. 1ST STREET, SOPPING ROAD CROSS, SHIVAJINAGARA, BENGLAURU - 560 001.

TOTAL ENVIRONMENT CONSTRUCTIONS PVT. LTD., HAVING ITS REGISTERED OFFICE AT 'IMAGINE', NO. 78, ITPL MAIN ROAD, EPIP ZONE, WHITEFIELD, BENGLAURU - 560 066.

REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI. VISHWAS N. GUPTA.

…RESPONDENTS

(BY SRI. G.A.SRIKANTE GOWDA, ADVOCATE FOR R1 & 5; SRI. VEERESH M. UPPIN, ADVOCATE FOR R4; SMT. ANUPARNA BORDOLOI, ADVOCATE FOR R12; VIDE ORDER DATED:5/12/2024, NOTICE TO R5 TO R10 IS DISPENSED WITH)

THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.11.2024 PASSED ON I.A. NO.I AND II IN O.S.NO. 2095/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGLAURU, ISSUING EMERGENT NOTICE ON I.A.NOs. I AND II AND SUIT SUMMONS.

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

6 -

NC: 2025:KHC:324 MFA No. 7902 of 2024

CORAM: HON'BLE MR JUSTICE K.NATARAJAN

ORAL JUDGMENT

Heard learned counsel for the appellant.

This appeal came to be filed as against the respondents, especially respondent No.12 as against the order passed by the Trial Court by issuing emergent notice to the defendants/respondents. The 12^th respondent appeared and seeks short accommodation for filing objection and counsel for the respondent Nos.1 to 5 object the appeal on the maintainability as there is no executable order passed by the Trial Court.

On perusal of the order passed by the Trial Court, Trial Court only issued emergent notice to the defendants. I.A.No.1/2024 filed for ad-interim temporary injunction as against the defendant No.1 to 12 and I.A.No.2/2024 filed as against respondent No.12/defendant No.12 not to change the nature of the property until disposal of the suit.

7 -

NC: 2025:KHC:324 MFA No. 7902 of 2024

The Trial Court issued notice only to the respondents, there is no order or suitable order passed by the Trial Court. Though the date is fixed by the Trial Court on 18.01.2025. Considering the facts and circumstances and this co-ordinate bench already granted interim stay as against the respondent No.12. There is no earlier order, therefore the matter required for remitting back to the Trial Court for considering the interlocutory applications filed by the appellant/ plaintiff and the respondent shall appear before the court date fixed by the Trial Court.

Accordingly, the appeal is disposed off.

The matter is remitted back to the Trial Court for considering the interlocutory applications filed by the appellant.

The order passed by this court by granting stay as against the defendant No.12 is extended till disposal of the IA.No.2/2024 by the Trial Court.

The Trial Court is endeavor to dispose the interlocutory applications within four weeks from the date of receipt of copy of the order.

8 -

NC: 2025:KHC:324 MFA No. 7902 of 2024

The respondent shall appear before the Trial Court on

18.01.2025 without any further notice.

Sd/(K.NATARAJAN) JUDGE

SRK List No.: 1 Sl No.: 28 CT:SK