IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CIVIL REVISION PETITION NO.85 OF 2019 (IO) C/W CIVIL REVISION PETITION NO.86 OF 2019 (IO) IN CRP NO.85 OF 2019:
BETWEEN:
M.A.SRINIVAS, S/O LATE M.K.APPAJAPPA, AGED ABOUT 70 YEARS, R/O NO.198/A, 25TH CROSS, 3RD BLOCK, JAYANAGAR, BENGALURU – 11.
…PETITIONER (BY SRI.S.P.SHANKAR, SENIOR ADVOCATE FOR SMT.MAMATHA G KULKARNI, ADVOCATE) AND:
1. M.A.DEVADAS, S/O LATE M.K.APPAJAPPA, AGED 84 YEARS, R/O NO.9004, NAYAL ROAD, BALTIMORE MD, U.S.A, REP BY HIS GPA HOLDER, DR.RAMADEV, S/O LATE KARIYAPPA, AGED 65 YEARS, R/O NO.4, 4TH BLOCK, KUMARA PARK WEST, BENGALURU – 560020.
2. M.A.SOMASHEKAR, S/O LATE APPAJAPPA, AGED 86 YEARS, R/O NO.245, 2ND MAIN, 7TH BLOCK, JAYANAGER, BENGALURU – 82.
3. SRI M.A.GOVINDARAJ, S/O LATE APPAJAPPA, AGED 77 YEARS, R/O MAVIKAVATHAHALLI POST, MYSORE TALUK, MYSORE – 560005.
SMT.LEELAVATHI, SINCE DECEASED REP BY LRs 4. SMT.NIRMALA NAGARAJ, S/O LATE LEELAVATHI, AGED 62 YEARS.
5. SMT.SHANTALA SHESHAGIRI, D/O LATE LEELAVATHI, AGED 60 YEARS.
6. SMT.POORNIMA SHEKAR, AGED 55 YEARS, D/O LEELAVATHI.
7. DR.D.C.MAHESH, S/O LATE LEELAVATHI, AGED 51 YEARS.
APPELLANTS 1 TO 7 ARE RESIDENTS OF NO.522, 33RD CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU-11.
SMT.VIJAYALAKSHMI, D/O LATE APPAJAPPA, AND W/O M.N.NARASEGOWDA, SINCE DECEASED BY LRs.
8. SRI M.N.NARASEGOWDA, S/O SMT. VIJAYALAKSHMI, AGED 87 YEARS.
9. M.N.NANDAKUMAR, S/O LATE VIJAYALAKSHMI, AGED 54 YEARS.
10. SMT.M.N.KUSUMA, D/O LATE VIJAYALAKSHMI, AGED 53 YEARS.
11. SMT.M.N.SUJATHA, AGED 51 YEARS, D/O LATE VIJAYALAKSHMI.
12. M.N.SHASHIKALA, D/O LATE VIJAYALAKSHMI, AGED 51 YEARS.
RESPONDENTS 8 TO 12 ARE R/O NO.594, 10TH A MAIN ROAD, 5TH BLOCK, JAYANAGAR, BENGALURU – 41.
13.SMT.VIMALA, D/O LATE APPAJAPPA, W/O M.HANUMANTHAIAH, AGED 70 YEARS, NO.322/20, 1ST MAIN ROAD, ULSOOR, BENGALURU – 08.
...RESPONDENTS (BY SRI.AKKI MANJUNATH GOWDA, AND SMT.BHARATHI NAGESH FOR R1, SMT. K.M.ROHINI FOR R5 (A-E), SRI S.MAHENDRA KUMAR FOR R4 (A-D) & R6, R2, R4 AND R13 SERVED) **** THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 01.01.2019 PASSED ON IA NO.2 IN FDP NO.181/2014 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL JUDGE, BENGALURU, ALLOWING THE IA NO.2 FILED UNDER SECTION 2 OF THE PARTITION ACT READ WITH 151 OF CPC.
IN CRP NO.86 OF 2019:
BETWEEN:
M.A.SOMASHEKAR, S/O LATE APPAJAPPA, AGED 86 YEARS, R/O NO.245, 2ND MAIN, 7TH BLOCK, JAYANAGAR, BENGALURU – 82.
…PETITIONER (BY SRI.S.P.SHANKAR, SENIOR ADVOCATE FOR SMT.MAMATHA G KULKARNI, ADVOCATE) AND:
1. M.A.DEVADAS, S/O LATE M.K.APPAJAPPA, AGED 84 YEARS, R/O NO.9004, NAYAL ROAD, BALTIMORE MD, U.S.A, REP BY HIS GPA HOLDER, DR.RAMADEV, S/O LATE KARIYAPPA, AGED 65 YEARS, R/O NO.4, 4TH BLOCK, KUMARA PARK WEST, BENGALURU – 560020.
2. SRI M.A.GOVINDARAJ, S/O LATE APPAJAPPA, AGED 77 YEARS, R/O MAVIKAVATHAHALLI POST, MYSORE TALUK, MYSORE – 560005.
SMT.LEELAVATHI, SINCE DECEASED REP BY LRs.
3. SMT.NIRMALA NAGARAJ, D/O LATE LEELAVATHI AGED 62 YEARS.
4. SMT.SHANTALASHESHAGIRI, D/O LATE LEELAVATHI, AGED 60 YEARS.
5. SMT.POORNIMASHEKAR, AGED 55 YEARS, D/O LEELAVATHI.
6. DR.D.C.MAHESH, S/O LATE LEELAVATHI, AGED 51 YEARS.
R3 TO R6 ARE RESIDING AT NO.522, 33RD CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU – 11.
SMT.VIJAYALAKSHMI, D/O LATE APPAJAPPA, AND W/O M.N.NARASEGOWDA, SINCE DECEASED BY LRs.
7. SRI.M.N.NARASEGOWDA, S/O SMT.VIJAYALAKSHMI, AGED 87 YEARS.
8. M.N.NANDAKUMAR, S/O LATE VIJAYALAKSHMI AGED 54 YEARS.
9. SMT.M.N.KUSUMA, D/O LATE VIJAYALAKSHMI, AGED 53 YEARS.
10. SMT.M.N.SUJATHA, AGED 51 YEARS, D/O LATE VIJAYALAKSHMI.
11. M.N.SHASHIKALA, D/O LATE VIJAYALAKSHMI, AGED 51 YEARS.
RESPONDENTS 7 TO 11 ARE R/O NO.594, 10TH A MAIN ROAD, 5TH BLOCK, JAYANAGAR, BENGALURU – 41.
12.SMT.VIMALA, D/O LATE APPAJAPPA, W/O M.HANUMANTHAIAH, AGED 70 YEARS, NO.322/20, 1ST MAIN ROAD, ULSOOR, BENGALURU – 08.
13.M.A.SRINIVAS, S/O LATE M.K.APPAJAPPA, AGED ABOUT 70 YEARS, R/O NO.198/A, 25TH CROSS, 3RD BLOCK, JAYANAGAR, BENGALURU – 11.
…RESPONDENTS (BY SRI.AKKI MANJUNATH GOWDA, AND SMT.BHARATHI NAGESH FOR R1, SMT. K.M.ROHINI FOR R5 (A-E), SRI S.MAHENDRA KUMAR FOR R3 (A-D), R5 TO R12 SERVED) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION 115 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 01.01.2019 PASSED ON IA NO.4 IN FDP NO.154/2014 ON THE FILE OF THE XVIII ADDL.CITY CIVIL JUDGE, BENGALURU.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though these matters are listed for hearing on I.As., with the consent of counsel for both parties, matters are heard on merits.
2. CRP No.85/2019 is for setting aside the order dated 01.01.2019 passed on I.A.No.2 in F.D.P.181/2014 arising out of decree in O.S.No.6555/1996 passed by the XVIII Addl. City Civil Judge, Bengaluru.
3. CRP No.86/2019 is for setting aside the impugned order dated 01.01.2019 passed on I.A.No.4 in F.D.P.154/2014 arising out of decree in O.S.No.6555/1996 passed by the XVIII Addl. City Civil Judge, Bengaluru.
4. As per the order dated 19.02.2019, learned counsel for the parties had undertaken that the matter will not be precipitated before the executing Court till service of notice to the remaining respondents.
5. Counsel for the petitioner and respondents submits that the interim application under Order XX Rule 18 CPC shall have to be considered by the executing Court, as such these petitions may be disposed of with a direction to the executing Court to consider the said application.
6. In view of the submission of the counsel for both sides, these revision petitions are disposed of with a direction to the executing Court to consider the application to be filed under Order XX Rule 18 CPC, in accordance with law. Both parties shall not precipitate the matter before the executing Court till disposal of the application to be filed under Order XX Rule 18 CPC.
BSR Sd/-
JUDGE