IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B VEERAPPA WRIT PETITION NO.54405/2017 (GM-CPC) BETWEEN:
1. SMT GANGALAKSHMAMMA D/O GANGA HANUMAKKA & ERAHANUMAIAH W/O SRI GOVINDAPPA AGED ABOUT 40 YEARS R/AT THIMMAPPANAPALYA (BENCHKAL PALYA) SRIGANDAKAVAL BANGALORE-560 091 2. SMT HANUMAKKA D/O GANGA HANUMAKKA & ERAHANUMAIAH W/O SRI JAGADEESHA AGED ABOUT 36 YEARS 3. SMT RENUKA D/O GANGA HANUMAKKA & ERAHANUMAIAH W/O SRI KUMAR AGED ABOUT 32 YEARS PETITONER NOS.2 AND 3 ARE R/AT NO.54, GIDADAKONENAHALLI JANATHA BADAVANE, VISWANEEDAM POST YESWANTHPURA HOBLI BANGALORE-560 091 ... PETITIONERS (BY SRI:K P BHUVAN, ADV) AND:
1. SMT GANGA HANUMAKKA D/O LATE DODDAVENKATARAMANAPPA @ VENKATARAMANAPPA @ DHOLLAPPA AGED ABOUT 67 YEARS W/O LATE ERRAHANUMAIAH R/A JANTHA COLONY GIDHADAKONENAHALLI MAIN ROAD VISWANEEDAM POST YESHWANTHPURA HOBLI BANGALORE-560091 2. SMT BEENA V S W/O SRI SRIHARI V M AGED ABOUT 44 YEARS R/A NO.6/1, LINGAPPA LANE R T STREET 26TH CROSS BANGALORE-560 053 3. SRI N G NAGABHUSHAN S/O SRI T GANGAIAH AGED ABOUT 54 YEARS 4. SMT N G VIJAYALATHA W/O GANGABYRAIAH AGED ABOUT 59 YEARS RESPONDENT NOS.3 AND 4 ARE RESIDING AT NO.580 BHASKAR NILAYA, NELAMANGALA BANGALORE RURAL DISTRICT-562123 5. SRI J SUDHAKAR S/O G JAGANATHA NILAYA AGED ABOUT 55 YEARS R/A SREE JAGANNATHA NILAYA BEHIND MUNICIPAL PARK GANDHINAGAR CHALLKERE CHITRADURGA DISTRICT-577522 6. DR G DHANALAKSHMI W/O DR M MANJUNATH AGED ABOUT 69 YEARS R/A NO.93, 1ST FLOOR 2ND MAIN ROAD SAMPIGE LAYOUT BANGALORE-560 079 7. SMT K P VARALAKSHMI W/O SRI K S PARTHASARATHY AGED ABOUT 65 YEARS R/A NO.1, SARATHY NIVASA 3RD MAIN ROAD, 4TH BLOCK BHAVANI HOUSING SOCIETY BANASHANKARI 3RD STAGE BANGALORE-560 085 8. SMT VANAJAKSHI M W/O M RAMACHANDRAMURTHY AGED ABOUT 59 YEARS R/AT NO.530, SRIVARI APARTMENT 2ND FLOOR, 6TH BLOCK 15TH CROSS, OPP TO SAIBABA TEMPLE MALLESHWARAM BANGALORE-560 003 9. SRI UTPAL RAO LONDEY M S/O S MOHAN RAO LONDEY AGED ABOUT 43 YEARS 10. SMT UMA DEVI W/O S MOHAN RAO LONDEY AGED ABOUT 68 YEARS PETITONER NOS.9 AND 10 ARE R/A NO.306, SAHYADRI 100 FEET RING ROAD 15TH CROSS, 5TH PHASE J P NAGAR, BANGALORE-560 078 11. SMT RATHNA B P D/O LATE PILLAPPA AGED ABOUT 58 YEARS R/A NO.232,2ND MAIN ROAD RAMACHANDRAPURA BANGALORE-560021 12. DR N S LATHA D/O SRI H NAGARAJ AGED ABOUT 42 YEARS R/A NO.436, 19TH CROSS 1ST &3RD EAST BLOCK JAYANAGAR BANGALORE-560 011 13. SRI N SUDHAKAR S/O SRI Y NARASIMHA SETTY AGED ABOUT 53 YEARS R/A GAYATHRI KRUPA BANGALORE ROAD CHALLEKERE CHITRADURGA DISTRICT-577522 14. SRI N R RAJU S/O SRI N S RAMANAIAH SETTY AGED ABOUT 53 YEARS R/A NEELADRI NILAYA VASAVI COLONY II CROSS, BANGALORE ROAD CHALLEKERE CHITRADURGA DISTRICT-577522 15. SRI HEMANTH N S/O SRI M NATARAJU AGED ABOUT 35 YEARS R/A NO.1424, 3RD CROSS 80 FEET ROAD CHANDRA LAYOUT BANGALORE-560 040 16. SMT K B LATHA W/O SRI L C VEERESH AGED ABOUT 56 YEARS R/A NO.92 ANNAPOORNESHWARINILAYA KAMAKSHIPALYA MEENAKSHINAGAR BASAVESHWARANAGAR BANGALORE-560 079 17. SRI M G RAMAMURTHY (LIC AGENT) S/O SRI GOVINDAPPA AGED ABOT 59 YEARS R/A RAGHAVENDRA KRUPA S R ROAD, CHALLAKERE CHITRADURGA DISTRICT 18. SRI C R MUALI MOHAN S/O SRI C RATHNAIAH AGED ABOUT 42 YEARS C/O MURALI INDUSTRIES PAVAGADA ROAD CHALLAKERE CHITRADURGA ADISTRICT-577522 19. SRI M L BALAKRISHNA SETTY S/O LATE LAKSHMIKANTH SETTY AGED ABOUT 72 YEARS KADUR TOWN, KADUR TALUK CHIKKAMANGALORE-577101 20. SRI C L ARAVINDA S/O SRI C N LAKSHMINARAYANA RAO AGED ABOUT 42 YEARS R/A NO.910/2, 2ND CROSS 4TH MAIN, M C LAYOUT VIJAYANAGAR BANGALORE-560040 21. SMT K SWAROOPA W/O SRI B ANANTH AGED ABOUT 44 YEARS R/AT NO.1216 20TH MAIN ROAD 5TH BLOCK RAJAJINAGAR BANGALORE-560 010 22. SRI M L SHANMUKH S/O SRI M R LINGAPPA AGED ABOUT 61 YEARS, R/A NO.18/7, 2ND FLOOR OLD RAJINDER NAGAR NEW DELHI-11060 23. DR B V GIRISH S/O B G VENKATANARAYANA SETTY AGED ABOUT 49 YEARS R/A NO.62, 10/A CROSS WEST OF CHORD ROAD 2ND STAGE BANGALORE-560 086 24. SMT VIJAYA JAYARAM W/O DR D T JAYARAMAIAH AGED ABOUT 55 YEARS R.A NO.292, 15TH C CROSS 6TH D MAIN, 2ND STAGE, 2ND PHASE MAHALAKSHMIPURAM BANGALORE-560086 25. SMT N T LATHA W/O DR L KANTHARAJU AGED ABOUT 48 YEARS R/A NO.40, 4TH CROSS BAPUJI LAYOUT VIJAYANAGAR BANGALORE-560 040 26. SRI T L SESHADRI S/O K LAKSHMIPATHAIAH AGED ABOUT 40 YEARS R/A NO.6, KATILESHWARI NILAYA 3RD CROSS, SRINIVASANAGAR VIJAYANAGAR BANGALORE-560072 27. SRI C J JANARDHAN S/O SRI JAVARAYI SETTY AGED ABOUT 69 YEARS R/A NO.589/A, 3RD STAGE 1ST BLOCK, 3RD CROSS BASAVESHWARANAGAR BANGALORE-560 079 28. SMT M KOMALA D/O SRI MADAIAH AGED ABOUT 42 YEARS R/A NO.1062, 11TH MAIN ROAD MAHALAKSHMIPURAM BANGALORE-560 086 29. SRI M R RANGASWAMY S/O MUTHAIAH AGED ABOUT 52 YEARS R/A NO.124, 3RD CROSS BEHIND RANGANATHA MILK DAIRY VISWANEEDAM POST HEGGANAHALLI BANGALORE-560 091 30. SRI J PARTHASARATHY S/O SRI G JAYARAM AGED ABOUT 63 YEARS R/A NO.410, 19TH G MAIN ROAD 1ST N BLOK RAJAJINAGAR BANGALORE-560 010 31. SMT B P RATHNA W/O LATE B PILLAPPA AGED ABOUT 59 YEARS R/AT NO.232, 2ND MAIN ROAD RAMACHANDRAPURAM BANGALORE-560 021 32. SRI PUTTARAJU S/O LATE SRIKANTAIAH AGED ABOUT 53 YEARS R/A NO.83, SINKENAHALLI HANUMANTHANAGAR BANGALORE-560 019 33. SMT MANJULA SHYAM PRASAD W/O SRI SHYAM PRASAD V AGED ABOUT 50 YEARS R/A NO.6, SREE SRINIVASA NILAYA 3RD CROSS, 3RD MAIN, BHAVANI LAYOUT BANASHANKARI 3RD STAGE BANGALORE-560085 34. SRI SREEDHARA G R AGED ABOUT 47 YEARS R/A NO.193, 8TH CROSS 2ND MAIN ROAD S.B.M. COLONY BANASHANKARI 1ST STAGE BANGALORE-560 050 35. SMT UMA NATARAJ W/O SRI H G NATARAJ AGED ABOUT 64 YEARS R/A NO.2863, 15TH A CROSS, 3RD MAIN BANASHANKARI 2ND STAGE BANGALORE-560 070 36. SRI KUPENDRA SATHYANARAYANA SHIVAPURAM S/O S L SATHYANARAYANASETTY AGED ABOUT 54 YEARS R/A NO.16, H B SAMAJA LINK ROAD GANDHI BAZAAR BASAVANAGUDI BANGALORE-560004 37. SRI SATISH B PURUHIT S/O SRI BHIMRAJ R PUROHIT AGED ABOUT 57 YEARS R/A NO.336, 1ST FLOOR, 11TH CROSS 12TH MAIN, MATHIKERE MAIN ROAD BANGALORE-560 054 38. SRI RUDRAMURTHY M C S/O SRI M L CHANDRASHEKHAR AGED ABOUT 45 YEARS R/A NO.193, 8TH CROSS, 2ND MAIN ROAD S.B.M. CLONY BANASHANKAR IST STAGE BANGALORE-560050 39. SRI M L SHIVAKUMAR S/O SRI M N LINGAIAH AGED ABOUT 62 YEARS R/A NO.166, 11TH CROSS 5TH MAIN ROAD N.G.E.F. LAYOUT NAGARABHAVI 1ST STAGE BANGALORE-560 072 40. SRI CHETAN B N S/O SRI H G NATARAJ AGED ABOUT 45 YEARS REPRESENTED BY HIS GPA HOLDER SRI H G NATARAJU R/A NO.2863, 15TH A CROSS 3RD MAIN, BANASHANKARI 2ND STAGE BANGALORE-560 070
ORDER DATED 5.9.2017 PASSED IN I.A.1 IN O.S.1179/2017 AT ANNEXURE-D ON THE FILE OF PRL. SR. CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE AND ORDER TO ISSUE NOTICE TO R-2 TO 44 IN THE COURT AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:
O R D E R The petitioners-plaintiffs are before this Court against the order dated 05.09.2017 on IA.No.I in OS No.1179/2017 issuing notice to the first defendant returnable by 06.12.2017.
2. The present petitioners who are the plaintiffs before the Trial Court filed the suit for partition to declare that the plaintiffs and first defendant are entitled to 1/4th share each in the Hindu Undivided Joint Family properties and consequently direct the first defendant to effect partition by metes and bounds and put the plaintiffs in their physical vacant possession of the suit schedule properties in respect of ‘A’ and ‘B’ schedule properties and to declare that the various sale deeds executed by the defendant No.1 in favour of defendant Nos.2 to 44 are not binding on the plaintiffs and for grant of permanent injunction restraining the defendants from changing or altering the nature of the suit schedule ‘A’ and ‘B’ properties and also interference by the defendants in respect of the suit schedule properties.
3. The plaintiffs further contended that they are the daughters of the first defendant and defendants 2 to 44 claiming to the prospective purchasers, but strangers to the plaintiffs. They contended that the first defendant is the owner of properties, which is a joint family properties, hence, she has no right to alienate the properties in favour of defendants Nos.2 to 44 and same is not binding on them and they are entitled for share. The plaintiffs also filed an application for temporary injunction reiterating the plaint averments.
4. The Trial Court considering the averments made in the application has come to the conclusion that no prima facie case is made out to grant exparte temporary injunction. Accordingly, issued notice/suit summons only to the first defendant returnable by 06.12.2017. Aggrieved by the same, the present writ petition is filed.
5. I have heard the learned Counsel for the petitioners.
6. Sri.K.P.Bhavan, learned Counsel for the petitioners vehemently contended that the impugned order passed by the Trial Court issuing notice only to the first defendant and without issuing notice to the other defendant Nos.2 to 44 is erroneous and contrary to the material on record. He would further contend that while issuing notice to the first defendant, the Trial Court observed on merits and has not granted any injunction as prayed for. He would further contend that the other defendant Nos.2 to 44 are necessary and proper parties. Therefore, issuing notice only to the first defendant by the Trial Court is erroneous. In support of his contention, he sought to rely on the dictum of Hon’ble Supreme Court in the case of Anand Prasad Agarwalla Vs Tarkeshwar Prasad and Others reported in (2001) 5 SCC 568 to the effect that while considering the application for temporary injunction, the Trial Court should not hold a mini trial at that stage.
7. Having heard the learned Counsel for the petitioners, it is not disputed that the petitioners filed suit for partition and separate possession declaring that the various sale deeds executed by the first defendant in favour of defendant Nos.2 to 44 are not binding on the plaintiffs and for permanent injunction.
8. The Trial Court considering the pleadings and averments made in the application, prima facie, held that in view of the provisions of Section 14 of the Hindu Succession Act, the first defendant became the owner of the properties and she has alienated the same in favour of defendant Nos.2 to 44. The plaintiffs have not made out any prima facie case to grant exparte temporary injunction. The Trial Court is also of the opinion that the plaintiffs failed to make out a prima facie case to grant interim order against the purchasers. Therefore, it appears that the purchasers are not necessary parties and therefore, issued notice to the first defendant. The said order is questioned before this Court.
9. Mere issuing of notice to the first defendant is not a ground to decide the application for temporary injunction. It is the discretionary order passed by the Trial Court and issued notice for the time being and no interim order has been yet considered on merits. Prima facie, the Trial Court has observed that no materials are placed by the plaintiffs to grant interim order. Therefore, notice issued to the first defendant is in accordance with law. The petitioners have not made out any grounds to interfere with the discretionary order passed by the Trial Court.
10. So far as the judgment relied on by the learned Counsel for the petitioners, wherein, it is held that while considering the application for temporary injunction, the Trial Court cannot hold any mini trial at that stage. Admittedly, in the present case, application is not yet decided. The Trial Court has only stated that without issuing notice to the other defendants, application for temporary injunction cannot be considered. The petitioners have not made any ground to interfere with the discretionary order passed by the Trial Court issuing summons and notice on IA.No.I to the first defendant under supervisory jurisdiction of this Court.
Accordingly, the petition is dismissed.
Sd/- JUDGE *bgn/-