IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.7204 OF 2018 (CPC) C/W MISCELLANEOUS FIRST APPEAL No.6273 OF 2018 (CPC) In MFA No.7204/2018 BETWEEN:
1. Mrs. Geetha Vivekananda W/o. Late M.Vivekananda, Aged about 46 years, R/at No.9, Ground Floor, Apporva Lake side Apartments, Tata Sherwood Road, Basavanagara, Marathahalli Post, Bengaluru-560037.
2. Kumari Bhavana Reddy, D/o. Late M.Vivekananda, Aged about 20 years, R/at No.9, Ground Floor, Apporva Lake Side Apartments, Tata Sherwood Road, Basavanagara, Marathahalli Post, Bengaluru-560037.
3. Kumari Likhitha Reddy, D/o. Late M.Vivekananda, Aged about 08 years, Minor Represented by her Guardian and Mother Mrs. Geetha Vivekananda R/at No.9, Ground Floor, Apporva Lake Side Apartments, Tata Sherwood Road, Basavanagara, Marathahalli Post, Bengaluru-560037.
4. Mr. M.Paramahamsa Reddy, S/o. Late Muniveerappa Reddy, Aged about 50 years, R/at Flat No.310, Third Floor, Apporva Lake Side Apartments, Tata Sherwood Road, Basavanagara, Marathahalli Post, Bengaluru-560037.
(By Sri. G.Krishnamurthy, Sr. Advocate for Sri. P.B.Ajit, Advocate) AND:
1. Mr. S.Rajagopal Reddy, S/o. Late E.Shankarappa Reddy, Aged about 70 years, R/at No.3, E Shankarappa Reddy Garden, Beside Tata Sherwood Apartments, Basavanagara, Marathahalli Post, Bengaluru-560037.
2. Mr. S.Nagaraja Reddy, S/o. Late E.Shankarappa Reddy, Aged about 65 years, R/at No.33, Lakshmi Nilaya, 5th Cross, Veerabhadra Nagara, 1st Stage, Marathahalli Post, Bengaluru-560037.
…Appellants 3. Mr. S.Chandrashekara Reddy, S/o. Late E.Shankarappa Reddy, Aged about 62 years, R/at No.1, E Shankarappa Reddy Garden, Beside Tata Sherwood Apartments, Basavanagara, Marathahalli Post, Bengaluru-560037.
4. Mr. S.Vijayaraghava Reddy, S/o. Late E Shankarappa Reddy, Aged about 58 years, Residing at No.153, ‘Jaya Shankara’ Dream Meadows, Kundanahalli Post, Behind Ryan International School, Bengaluru-560037.
5. Mrs. Sarojamma, W/o. Late B.Srinivasa Reddy, Aged about 72 years, Residing at No.401, 3rd Floor, Late Mont Regency, 1st Cross, Ramaiah Reddy B Sector, Basavanagara Main Road, Bengaluru-560037.
6. Mr. S.Prafulla Chandra, S/o. Late B.Srinivasa Reddy, Aged about 50 years, R/at No.401, Lake Mont Orchid, 1st Cross, L.B.Shastry Nagara, Vimanapura Post, Bengaluru-560017.
7. Mr. Subash Chandra, S/o. Late B.Srinivasa Reddy, Aged about 48 years, R/at No.3/A, 1st Floor, Above New Mangalore Stores, 17th E Cross, Indiranagar 2nd Stage, Bengaluru-560038.
8. Mr. S.Jagadish Chandra, S/o. Late B. Srinivasa Reddy, Aged about 46 years, Residing at No.401, 3rd Floor, Lake Mont Regency, 1st Cross, Ramaiah Reddy B Sector, Basavanagar Main Road, Bengaluru-560037.
9. Mr. S.Satish Chandra, S/o. Late B.Srinivasa Reddy, Aged about 44 years, R/at No.305, 3rd Floor, Lake Mont Manor, Apartment, Between 6th Main and 7th Main, D Block, AECS Layout, Bengaluru-560037.
10. Mr. S.Girish Chandra, S/o. Late B.Srinivasa Reddy, Aged about 42 years, R/at No.401, 3rd Floor, Lake Mont Regency, 1st Cross, Ramaiah Reddy B Sector, Basavanagar Main Road, Bengaluru-560037.
11. Mrs. Rajeshwari G., W/o. Late Shamanna, Aged about 63 years, R/at No.001, Ground Floor, White Wings Apartments, Talacauvery Main Road, Marathahalli Post, Bengaluru-560037.
12. Mr. Vinod, S/o. Late Shamanna, Aged about 42 years, R/at No.001, Ground Floor, White Wings Apartments, Talacauvery Main Road, Marathahalli Post, Bengaluru-560037.
13. Mr. S.Pramod, S/o. Late B.Shamanna, Aged about 40 years, R/at No.538, Annasandrapalya Main Road, Near Sri Rama Temple, Annasandrapalya, Vimanapura Post, Bengaluru-450017.
14. Mrs. Jayalakshmi, W/o. B.Narayana Reddy, Aged about 64 years, R/at No.1958, ‘Chinnanna Nivasa’ 14th B Cross, 22nd A Main, Sector 1, HSR Layout, Bengaluru-560012.
15. Mrs. Rajyashree N.Reddy, D/o. Late B.Narayana Reddy, Aged about 40 years, Asst. Professor, Dept of Human Geography, University of Tornto Scarborough, Residing at No.1265, Military Trail, Toranto, Ontario, Canada-MIC1A4.
16. Mr. Adarsha N.Reddy, S/o. Late B Narayana Reddy, Aged about 36 years, R/at No.1958, ‘Chinnanna Nivasa’ 14th B Cross, 22nd A Main, Sector 1, HSR Layout, Bengaluru-560012.
17. Mrs. R.Bhagyalakshmi, Aged about 62 years, W/o. Late B.Krishna Reddy, R/at No.102, Ground Floor, Spectra Sylvan Apartment, Opposite SCT College, Kaggadasapura Main Road, Kaggadasapura, Bengaluru-560075.
18. Mrs. Shanthala K., D/o. Late B.Krishna Reddy, W/o. H.J.Shekar Reddy, R/at No.18/1C, Behind Dumma’s Hotel, Nitesh Apartment Road, Bellandur, Bengaluru-560103.
19. Mr. Balaji K.Reedy, S/o. Late B.Krishna Reddy, Aged about 31 years, R/at No.102, Ground Floor, Spectra Skyvan, Apartment, Opp SCT College, Kaggadasapura Main Road, Vignanagara, Bengaluru-560075.
20. Mr. B.Muddhukrishna Reddy, S/o. Late Bankadarayappa, Aged about 66 years, R/at No.1181, 6th Main, ‘D’ Block, AECS Layout, Bengaluru-560037.
21. Mr. B.Jayarama Reddy, S/o. Late Bankadarayappa, Aged about 63 years, R/at No.T-303, 4th Floor, Sai Golden Nest Apartments, Vignanagara Main Road, Bengaluru-560075.
22. M/s. Christ Public School, Basavanagar, Tata Sherwood Road, Vibhuthipura Extension, Bengaluru-560037. Rep by its Director, Rev. Fr. Davis Pandian, Run by St. Mary’s Educational and Charitable Trust, St. Mary’s Chruch, 2nd Cross, Sector C, Ramaiah Reddy Colony, Basavanagar, Bengaluru-560037.
... Respondents (By Sri. S.S.Shekar Shetty, Advocate for C/R1) This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 11.07.2018 passed on I.A.No.2 in O.S.No.25482/2018 on the file of the IV Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH- 21), allowing I.A.No.2 filed under Order 39 Rule 1 & 2 read with Section 151 of CPC.
In MFA No.6273/2018 BETWEEN:
1. Mr. S.Rajagopal Reddy, S/o. Late E.Shankarappa Reddy, Aged about 70 years, R/at No.3, E Shankarappa Reddy Garden, Beside Tata Sherwood Apartments, Basavanagara, Marathahalli Post, Bengaluru-560037.
2. Mr. S.Nagaraja Reddy, S/o. Late E.Shankarappa Reddy, Aged about 65 years, R/at No.33, Lakshmi Nilaya, 5th Cross, Veerabhadra Nagara, 1st Stage, Marathahalli Post, Bengaluru-560037.
3. Mr. S.Chandrashekara Reddy, S/o. Late E.Shankarappa Reddy, Aged about 62 years, R/at No.1, E Shankarappa Reddy Garden, Beside Tata Sherwood Apartments, Basavanagara, Marathahalli Post, Bengaluru-560037.
4. Mr. S.Vijayaraghava Reddy, S/o. Late E Shankarappa Reddy, Aged about 58 years, Residing at No.153, ‘Jaya Shankara’ Dream Meadows, Kundanahalli Post, Behind Ryan International School, Bengaluru-560037.
(By Sri S.Shaker Shetty, Advocate) AND:
1. Mrs. Geetha Vivekananda W/o. Late M.Vivekananda, Aged about 46 years, …Appellants 2. Kumari Bhavana Reddy, D/o. Late M.Vivekananda, Aged about 20 years, 3. Kumari Likhitha Reddy, D/o. Late M.Vivekananda, Aged about 08 years, Minor Represented by her Guardian and Mother Mrs. Geetha Vivekananda R1 to R3 are Residing at Apartment No.9, Ground Floor, Apporva Lake Side Apartments, Tata Sherwood Road, Basavanagara, Marathahalli Post, Bengaluru-560037.
4. Mr. M.Paramahamsa Reddy, S/o. Late Muniveerappa Reddy, Aged about 50 years, R/at Flat No.310, Third Floor, Apporva Lake Side Apartments, Tata Sherwood Road, Basavanagara, Marathahalli Post, Bengaluru-560037.
(By Sri. G.Krishnamurthy, Sr. Advocte, for Sri. P.B.Ajit, Advocate for R1 to R4) ... Respondents This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 11.07.2018 passed on I.A.No.1 in O.S.No.25482/2018 on the file of the IV Additional City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru (CCH- 21), allowing I.A.No.1/18 filed under Order 39 Rule 1 & 2 of CPC.
These appeals coming on for admission this day, the Court delivered the following:
JUDGMENT Since both the counsel agree for an order of status- quo being passed as it exists today, both the parties in O.S.No.25482/2018 are directed to maintain status-quo of the property.
In the facts and circumstances, the suit requires early disposal. The trial Court may dispose of the suit at the earliest possible time. The parties shall co-operate with the trial Court.
With these observations, both the appeals stand disposed of.
KMV/-
Sd/- JUDGE