IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.5955 OF 2019 (CPC) C/W MISCELLANEOUS FIRST APPEAL No.5954 OF 2019 (CPC) In MFA No.5955/2019 BETWEEN:
Smt. Saraswathamma D/o Late B.Ramaiah Aged about 65 years R/at No.315/1, 2nd Cross Krishnappa Building Jalahalli village Near Murthy Floor Mill Bengaluru – 560 013 (By Sri D.R.Ravishankar, Advocate for Sri Gnanesh H. Kempanna, Advocate) AND:
1. L.Ranganathappa S/o Late Lakshminarasimhaiah Aged about 76 years R/at No.34, 2nd Cross Kannuramma Layout Devinagar, Sanjaynagar Post Bengaluru – 560 072 …Appellant 2. Ananda Sira Ranganatha S/o L Ranganathappa Aged about 42 years R/at No.34, 2nd Cross Kannuramma Layout Devinagar, Sanjaynagar Post Bengaluru – 560 094 3. Smt. Nanjamma @ Kalamma D/o Late B.Ramaiah Aged about 58 years 4. Smt. Sujatha D/o Late B.Ramaiah Aged about 47 years Respondent Nos.3 and 4 are R/at No.315/1, 2nd Cross Krishnappa Building Jalahalli village Near Murthy Floor Mill Bengaluru – 560 013 5. Ravi Shankar S/o Late B.Subbaiah Aged about 60 years 6. Manjunath S/o Late Muni Anjinappa Aged about 42 years Respondent Nos.5 & 6 are R/at No.11, Behind Kempegowda Kalyana Mantapa Anjanappa Lane, Jalahalli village Bengaluru North Taluk Bengaluru – 560 013 ... Respondents (By Sri Pruthvi Wodeyar, Advocate for C/R1 & R2) This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 19.06.2019 passed on I.A.No.1 in O.S.No.4674/2017 on the file of the XIX Additional City Civil and Sessions Judge, Bengaluru City (CCH-18), allowing I.A.No.1 filed under Order 39 Rules 1 & 2 read with Section 151 of CPC dated 10.07.2017.
In MFA No.5954/2019 BETWEEN:
Smt. Saraswathamma D/o Late B.Ramaiah Aged about 65 years R/at No.315/1, 2nd Cross Krishnappa Building Jalahalli village Near Murthy Floor Mill Bengaluru – 560 013 …Appellant (By Sri D.R.Ravishankar, Advocate for Sri Gnanesh H. Kempanna, Advocate) AND:
1. L.Ranganathappa S/o Late Lakshminarasimhaiah Aged about 76 years R/at No.34, 2nd Cross Kannuramma Layout Devinagar, Sanjaynagar Post Bengaluru – 560 072 2. Ananda Sira Ranganatha S/o L Ranganathappa Aged about 42 years R/at No.34, 2nd Cross Kannuramma Layout Devinagar, Sanjaynagar Post Bengaluru – 560 094 3. Smt. Nanjamma @ Kalamma D/o Late B.Ramaiah Aged about 58 years 4. Smt. Sujatha D/o Late B.Ramaiah Aged about 47 years Respondent Nos.3 and 4 are R/at No.315/1, 2nd Cross Krishnappa Building Jalahalli village Near Murthy Floor Mill Bengaluru – 560 013 5. Ravi Shankar S/o Late B.Subbaiah Aged about 60 years 6. Manjunath S/o Late Muni Anjinappa Aged about 42 years Respondent Nos.5 & 6 are R/at No.11, Behind Kempegowda Kalyana Mantapa Anjanappa Lane, Jalahalli village Bengaluru North Taluk Bengaluru – 560 013 ... Respondents (By Sri Pruthvi Wodeyar, Advocate for C/R1) This MFA is filed under Order 43 Rule 1(r) of CPC, against the order dated 19.06.2019 passed on I.A.No.1 in O.S.No.4675/2017 on the file of the XIX Additional City Civil and Sessions Judge, Bengaluru City (CCH-18), allowing I.A.No.1 filed under Order 39 Rules 1 & 2 read with Section 151 of CPC dated 10.07.2017.
These appeals coming on for admission this day, the Court delivered the following:
JUDGMENT These appeals are by the defendant No.1 in O.S.No.4674/2017 and O.S.No.4675/2017 pending on the file of the XIX Additional City Civil and Sessions Judge, Bengaluru.
2. Since the trial Court allowed the applications (IA No.1 respectively in both the suits) filed by the plaintiff under Order 39 Rules 1 and 2 of CPC, the first defendant has preferred these two appeals.
3. Heard the learned counsel for the appellant and the respondents.
4. Admittedly the suit properties are vacant lands. The plaintiffs in O.S.No.4674/2017 claim right over suit property on the strength of a power of attorney and a gift deed. The plaintiff in O.S.No.4675/2017 is the daughter of the first plaintiff in O.S.No.4674/2017, and she also claims right over suit property on the basis of a gift deed dated 26.03.2000 executed by her father. It is pleaded by the plaintiffs that first defendant’s father Ramaiah, one Chikkatayamma and one Ramakka executed a GPA on 18.11.1999 for a consideration of Rs.5,70,000/- in favour of first plaintiff in O.S.No.4674/2017. On the basis of this power of attorney, he made gift of suit property in O.S.No.4674/2017 in favour of his wife Shakunthala. He also executed another gift deed in respect of suit property in O.S.No.4675/2017 in favour of his daughter i.e., the plaintiff in this suit. These two gift deeds came into existence on 26.03.2000.
5. The trial Court has given findings that if at all the defendants have right over the suit schedule properties, they can obtain possession of the properties in accordance with due process of law. The observation thus made by the trial Court may be in the background of the fact that the first defendant appears to have executed power of attorney in favour of the first plaintiff, who inturn executed gift deed in favour of his wife and daughter.
6. Whether the plaintiffs have right over the suit properties or not, is a matter to be decided by the trial Court after recording evidence of the witnesses. As of now the properties are vacant lands and it is submitted that recording of evidence from plaintiff’s side is almost coming to an end. In this view of the matter, it is better that the plaintiffs and the defendants should maintain status-quo of the vacant nature of the properties till disposal of the suits. Therefore directing the parties to maintain status-quo with regard to vacant nature of the suit lands, these appeals stand disposed of.
Sd/- JUDGE KMV/-