IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MRS JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.7610/2012 C/W MISCELLANEOUS FIRST APPEAL NO.7060/2012 BETWEEN:
SMT.REVATHI RAO W/O LATE N.RAMA RAO AGED ABOUT 56 YEARS R/AT #52, II CROSS XAVIER LAYOUT VIVEKNAGAR POST BANGALORE – 560 047 … APPELLANT (COMMON) (BY SRI JACOB ALEXANDER, ADVOCATE FOR CRESTLAW PARTNERS) AND:
1. SMT.S.SHAKUNTALA MAJOR W/O LATE S.R.RANGANATHAN #1734, 4TH CROSS OPP. GAYATHRI SCHOOL GROUND VIJINAPURA, DOORVANINAGAR POST K.R.PURAM, BANGALORE – 560 016 2. SRI CHANDRASEKHARAN S/O LATE Y.C.SWAMY MAJOR NO.11/3, CAMBRIDGE ROAD ULSOOR, BANGALORE – 560 008 3. SMT.BHARATHI MAJOR W/O LATE A.CHANDRAN #3/2, WEAVERS COLONY 8TH CROSS, 3RD MAIN R.T.NAGAR, BANGALORE – 560 032 4. SMT.USHA S.MOORTHY MAJOR W/O M.S.RAMAMOORTHY FLAT NO.12A, KANDHAR MANOR ARCH ROAD, SINGANALLAUR COIMBATORE – 641 005 5. DR.THOMAS CHANDY S/O LATE MR.KORA CHANDRY MAJOR PRESENT ADDRESS 145/21, RICHMOND ROAD BANGALORE – 560 021 PREVIOUS ADDRESS #45, MAGRATH ROAD BANGALORE – 560 025 6. MR.MAHABALESHWAR GANAPATHI CHITRIGEMATH MAJOR S/O SRI GANAPATHI M CHITRIGEMATH R/AT “VAGDEVI”, NO.69, 7TH MAIN SHANKARNAG, MAHALAKSHMI LAYOUT BANGALORE – 560 096 …RESPONDENTS (COMMON) (BY SRI MOHAN J.S., ADVOCATE FOR R6;
SRI L.M.CHIDANANDAYYA, ADVOCATE FOR R5[ABSENT]; R2-SERVED;NOTICE TO R1, R3 AND R4 IS DISPENSED WITH VIDE COURT ORDER DATED 09.08.2016) THESE MFAs ARE FILED UNDER ORDER XLIII RULE 1(r) READ WITH SECTION 104 OF CPC PRAYING TO SET ASIDE THE ORDER DATED 30.06.2012 PASSED BY THE XXVIII ADDITIONAL CITY CIVIL JUDGE, MAYO HALL, BANGALORE CITY (CCH-29) ON THE APPLICATIONS (I.A.NO.II AND I.A.NO.I) FILED UNDER ORDER XXXIX RULES 1 AND 2 OF CPC IN O.S.NO.26786/2009.
THESE MFAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Heard both side. No representation for respondent No.5. Notice to respondent Nos.1, 3 and 4 was dispensed with. Respondent No.2 served and unrepresented.
2. These are plaintiff’s appeals against dismissal of the interim applications for grant of injunction against defendant No.6 against alienation to the suit schedule properties and against interference in possession of the plaintiff.
3. This Court on 29.08.2012 granted interim order against the respondents to the effect that possession of the appellant shall not be disturbed for a period of eight weeks and that order has been extended from time to time.
4. Learned Counsel for the appellant and respondent No.6 submit that now the matter before the trial Court is set down for defendants’ arguments. It is submitted that respondent No.5 after filing of the written statement has not contested the suit before the trial Court.
5. Learned Counsel present before the Court submit that since the suit before the trial Court has reached final stage, the appeals may be disposed of with a direction to the trial Court to dispose of the suit itself in a time bound manner and the interim order may be extended till disposal of the suit.
6. Under the circumstances and recording the submissions, the appeals are disposed of with a direction to the trial Court to dispose of the suit within three months from the date of receipt of copy of this order. Interim order granted by this Court for protection of possession of the appellant shall continue till said period of three months or till disposal of the suit whichever is earlier. The appeals are disposed of accordingly. The parties shall co-operate for disposal of the suit.
KSR Sd/- JUDGE