IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR M.F.A. NO. 5635 OF 2013 (CPC) BETWEEN :
1. BYRAPPA S/O LATE NANJAPPA, AGED ABOUT 70 YEARS.
2. CHOWDAPPA S/O LATE NANJAPPA SINCE DEAD BY LRS.
2A. SMT. RATHNAMMA AGED ABOUT 59 YEARS W/O. LATER CHOWDAPPA.
2B. SRI LAKSHMIKANTHA AGED ABOUT 45 YEARS S/O. CHOWDAPPA.
2C. SMT. NETHRAVATHI AGED ABOUT 42 YEARS W/O. SRI VENKATESH D/O. CHOWDAPPA.
2D. SRI CHIDANANDA AGED ABOUT 39 YEARS S/O. LATE CHOWDAPPA.
3. MUTHURAYA REDDY S/O LATE NANJAPPA, AGED ABOUT 57 YEARS.
ALL ARE RESIDING AT NEAR DEEPA COMPLEX PAPAREDDYPALYA, NAGARABHAVI II STAGE 11TH BLOCK, NISARGA LAYOUT, BENGALURU – 560 072.
4. THIPPAMMA W/O LATE MUNISWAMAPPA, AGED ABOUT 68 YEARS, PAPIREDDY PLAYA NAGARABHAVI II STAGE, NISARGA LAYOUT, NAGARABHAVI POST BENGALURU - 560072.
5. SMT NANJAMMA D/O LATE MUNISWAMAPPA, AGED ABOUT 48 YEARS, NARASAPOURA BIDARAGUPPE POST, ATTIBELE HOBLI,ANEKAL TALUK, BENGALURU DISTRICT-560 120 6. SMT. CHINNAMMA D/O LATE MUNISWAMAPPA, W/O GAJENDRA, AGED ABOUT 44 YEARS, EDDULURDINNE HOUSE NO.1564, 15TH CROSS,3RD BLOCK, RAJAJINAGAR, BENGALURU-560010.
7. M. NAGARAJU S/O. LATE MUNISWAMAPPA, AGED ABOUT 44 YEARS, PAPIREDDY PALYA, 11TH BLOCK, NISARGA LAYOUT, NAGARABHAVI II STAGE, BENGALURU - 560 072 8. M. LAKSHMINARAYANA S/O. LATE MUNISWAMAPPA, AGED ABOUT 42 YEARS, 11TH BLOCK, NISARGA LAYOUT, NAGARABHAVI 2ND STAGE, BENGALURU - 560 072 9. NANJE GOWDA S/O LATE MUNISWAMAPPA, AGED ABOUT 38 YEARS, PAPIREDDY PALYA, 11TH BLOCK, NISARGA LAYOUT, NAGARABHAVI II STAGE, BENGALURU - 560 072 10. SMT. CHANDRAKALA D/O LATE MUNISWAMAPPA, W/O SATHYANARAYANA, AGED ABOUT 38 YEARS, NO.99/74, SARALA NILAYAM, OPP: BENAKA TENT HOUSE, 22ND MAIN ROAD, SUBBANNA GARDEN VIJAYANAGAR BENGALURU - 560 072.
(BY SRI G. BALAKRISHNA SHASTRY) AND :
N. KRISHNA MURTHY S/O LATE NALLAPPA AGED ABOUT 63 YEARS, R/O PAPIREDDY PALYA, NAGARABHAVI IIND STAGE, BENGALURU-560 072.
... APPELLANTS ... RESPONDENT (BY SRI : NAVEEN C. & PRAKASH K. S., ADVOCATE) THIS M.F.A. IS FILED UNDER ORDER XLIII RULE 1(R) OF CPC, AGAINST THE ORDER DT.26.03.2013 PASSED ON I.A.NO.7 IN O.S.NO.5331/2011 ON THE FILE OF XVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING I.A.NO.7 FILED UNDER ORDER XXXIX RULES 1 & 2 OF CPC.
THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING :
JUDGMENT Though this appeal is listed for admission, with the consent of counsel for appellants and respondent the matter is heard finally on merits.
2. This appeal is filed for setting aside the impugned order dated 26.03.2013 passed on I.A. No.7 in O.S. No.5331 of 2011 by XVII Additional City Civil and Sessions Judge, Bengaluru (CCH-16).
3. Both counsels have submitted that this appeal may be disposed of in terms of the interim order already passed on 18.07.2013.
4. In view of the submission of both counsels, this appeal is disposed of with a following direction :
Both parties are directed to maintain status quo with regard to the suit properties Item Nos.1 to 5 and both of them shall not put up any construction in the suit properties and shall not encumber or alienate them till disposal of O.S. No.5331 of 2011.
Sd/- JUDGE hnm