IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT WRIT PETITION NO.49548-49/2018 (GM-CPC) BETWEEN 1. SRI BHASKAR SHETTY, S/O LATE SHEENA SHETTY, AGED ABOUT 70 YEARS, 2. SRI SURESH SHETTY, S/O LATE SHEENA SHETTY, AGED ABOUT 61 YEARS, BOTH ARE R/AT MOODUGUDLADY, HOSAMANE HOUSE, NADSAL VILLAGE, UDUPI TALUK & DISTRICT-576 101. (BY SRI. S.RAJASHEKAR, ADVOCATE) AND 1. SMT RANJANA SHEDTHI, S/O LATE SUNDARI SHEDTHI, AGED ABOUT 64 YEARS, R/AT MOODU GUNDLADI -
HOSAMANE, NADSAL VILLAGE, PADUBIDRI POST, UDUPI TALUK & DISTRICT-576 101.
2. SMT SUNITHA SHETTY, D/O LATE SUNDARI SHEDTHI, AGED ABOUT 56 YEARS, 3. SMT SUBHA RAVI SHETTY, @ SMT SUBHA LAKSHMI, D/O LATE SUNDARI SHEDTHI, MAJOR, ... PETITIONERS 4. SRI RAVI SHETTY, S/O LATE RATHNA SHETTY, AGED ABOUT 57 YEARS, 5. SRI CHANDRASHEKAR SHETTY, S/O LATE RATHNA SHETTY, AGED ABOUT 50 YEARS, 6. SRI JITHENDRA SHETTY, S/O LATE RATHNA SHETTY, AGED ABOUT 45 YEARS, 7. SMT JYOTHI, S/O LATE RATHNA SHETTY, AGED ABOUT 35 YEARS, NO.2 TO 7 ARE ALL R/AT MUDUGUDLADI HOSAMANE, NADSAL VILLAGE, PADUBIDRI POST, UDUPI TALUK & DISTRICT-576 101.
(BY SRI M. MOHAN RAO, ADVOCATE) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 4.8.2018 PASSED IN M.A.NO.19/2018 ON THE FILE OF PRL. SRENIOR CIVIL JUDGE AT UDUPI AND CONSEQUENTLY SET ASIDE THE ORDER PASSED BY THE III ADDL. CIVIL JUDGE AND JMFC UDUPI DTD:10.4.2018 ON IA NO.III IN O.S.NO.1/2018 VIDE ANNEXURE-A AND B AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The suit property comprises of a building under construction which needs to be completed because the mansoons are nearing, submits the counsel for the petitioners; he further submits that he would invest his own money for the completion of the construction of the said building with no right to seek contribution from the contesting parties, subject to outcome of the litigation.
2. The above submission is vehemently opposed by the learned counsel for respondent No.1 expressing the apprehension that he may be compelled to contribute in due course. There is no justification whatsoever for such an apprehension when the plaintiff himself has made the position clear. If construction is completed, it becomes a wholesome property that may enure to the benefit of victorious parties in the on-going litigation in the court below.
3. In the above circumstances, the petitioners are permitted to accomplish the construction of the building in question subject to rider that no equity shall be pleaded by them to the prejudice of other parties.
4. In the above circumstances, this Writ Petition stands disposed off accordingly.
No costs.
Sd/- JUDGE nms/HB