IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 28875 OF 2019 (GM-CPC) Between:
1. SRI. H.NARAYANASWAMY REDDY, S/O LATE SRI HANUMAPPA, @ HANUMAPPA REDDY, AGED ABOUT 55 YEARS.
2. SRI H.JAYARAMA REDDY, S/O LATE SRI. HANUMAPPA @ HANUMAPPA REDDY, AGED ABOUT 55 YEARS.
BOTH ARE RESIDING AT NO.47/1A1, LHR LAYOUT, GOVINDASHETTYPALYA, ELECTRONIC CITY PHASE-2, BENGALURU - 560 100. … PETITIONERS (BY SRI. SANKET M. YENAGI, ADVOCATE) And 1. SMT. GOWRAMMA, W/O LATE SRI. H.GOPAL REDDY, AGED ABOUT 48 YEARS.
2. SRI. G.MANU KUMAR, S/O LATE SRI. H.GOPAL REDDY, AGED ABOUT 20 YEARS.
BOTH RESPONDENTS NO.1 & 2 ARE RESIDING AT NO.47/1A1, LHR LAYOUT, GOVINDASHETTYPALYA, ELECTRONIC CITY PHASE-2, BENGALURU -560 100.
3. SMT. ANUPAMA, D/O LATE SRI.H.GOPAL REDDY, W/O SRI. ANIL KUMAR, AGED ABOUT 24 YEARS 4. SMT. DINUPAMA, D/O LATE SRI. H.GOPAL REDDY, W/O SRI. SUNIL KUMAR, AGED ABOUT 22 YEARS.
RESPONDENTS NO.3 & 4 ARE RESIDING AT NO.494, 4TH CROSS, BELLANDUR, BENGALURU -560 103.
5. H.VENKATESH REDDY, S/O LATE SRI. HANUMAPPA @ HANUMAPPA REDDY, AGED ABOUT 48 YEARS, R/AT GOVINDASHETTYPALYA, ELECTRONIC CITY PHASE-2, BENGALURU -560 100.
6. SRI MANJUNATH K SHETTY, S/O LATE KORAGAIAH SHETTY, AGED ABOUT 52 YEARS.
7. SRI K.S.BHASKAR, S/O LATE KORAGAIAH SHETTY, AGED ABOUT 55 YEARS.
RESPONDENTS NO.6 & 7 ARE RESIDING AT NO.176/73, 55TH CROSS, 4TH BLOCK, RAJAJINAGAR, BENGALURU -560 010.
8. M/S. RAJESH EXPORT LTD., A PUBLIC LIMITED COMPANY, INCORPORATED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.4, BATAVIA CHAMBERS, KUMARA KRUPA ROAD, KUMARA PARK EAST, BENGALURU -560 001. REPRESENTED BY ITS AUTHORIZED SIGNATORY, MR. KAIZERA RAJA.
9. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, HAVING ITS REGISTERED OFFICE AT NO.14/3, 2ND FLOOR, RASHTROTHANA PARISHANTH BUILDING NURPATUNGA ROAD BENGALURU -560 001 10. SRI J.V.S.K.RAGHAVENDRA RAO, S/O NOT KNOWN, AGED ABOUT 35 YEARS, R/AT NO.11, ‘A’ MAIN HADAN, 100 FEET, RING ROAD, AICOABHAGAR, H.T.M. LAYOUT, 1ST STAGE, BENGALURU -560 068.
11. SRI. M.MANOHARA, S/O Y.MUNISWAMY, AGED ABOUT 40 YEARS, R/AT NO.116, 2ND CROSS, 5TH MAIN, MARUTHI, H.B.C.S LAYOUT, B.T.M., 1ST STAGE, BENGALURU -560 029.
12. SMT. A.M. TEJAVATHI, W/O. J.SATYANARAYANA, AGED ABOUT 70 YEARS, R/AT 11 ‘A’ MALASADEN, AICOBANAGAR, B.T.M. LAYOUT, BENGALURU -560 068.
13. SRI. BELLOR LAXMINARAYAN BHAT, S/O LATE BELLOR ANANTH BHAT, AGED ABOUT 80 YEARS.
14. SRI. ASHWAT BHAT, S/O LATE BELLOR LAXMINARAYAN BHAT, AGED ABOUT 50 YEARS.
BOTH RESPONDENTS NO.13 & 14 ARE RESIDING AT NO.11/103, WEST AVENUE STATION ROAD, NALLASOPARA (WEST), THANE DISTRICT-401 203.
15. SRI. D.K.RAVI, S/O SRI D.KRISHNAMURTHY, AGED ABOUT 54 YEARS, R/AT NO.176, 7TH CROSS, 3RD MAIN, 1ST STAGE, 5TH PHASE, WEST OF CHORD ROAD, INDUSTRIAL TOWN, BENGALURU -560 044.
16. SRI. S.MUKUNDA RAO, S/O SIDDOJINRAO .N, AGED ABOUT 67 YEARS, R/AT 2ND RAILWAY GATE, 7TH CROSS, K.P.AGRAHARA, BENGALURU -560 023.
17. SRI. S.RAMASWAMY, S/O SALLAPURAPPA, AGED ABOUT 55 YEARS.
18. SRI. R.LOKESH KUMAR, S/O S RAMASWAMY, AGED ABOUT 32 YEARS.
BOTH RESPONDNET NO.17 & 18 R/AT NO.967, 20TH CROSS, 9TH MAIN, HSR LAYOUT SECTOR, BANGALORE-560 102.
19. SRI. J.MUNIRAJULU, S/O LATE JAGANNATHA NAIDU, AGED ABOUT 62 YEARS.
20 SRI. M. CHANDRA MOHAN, S/O J.MUNIRAJULU, AGED ABOUT 39 YEARS.
THE RESPONDENTS NO.19 & 20 ARE RESIDING AT M.M.R. BUILDING NAIDU LAYOUT, 2ND PHASE, ELECTRONIC CITY, SHANTHIPURA, BENGALURU -56099.
21 M/S. SRI. VISHNU VENTURES, A REGISTERED PARTNERSHIP FIRM, AT NO.21, 12TH CROSS, KOTHNUR MAIN ROAD, PUTTENAHALLI, J.P.NAGAR, 6TH PHASE, BENGALURU -78.
REPRESENTED BY ITS MANAGING PARTNER, SRI.M.VENKATESWARA RAO.
22. SRI. K.BASAVARAJ, S/O SRI KEMPANANJAPPA, AGED ABOUT 43 YEARS, R/AT NO.14/1, 1ST CROSS, VARSOVA LAYOUT, C.V.RAMAN NAGAR, BENGALURU -93.
23 SRI. PRANESH, S/O SRI. VISWANATHRAO, AGED ABOUT 46 YEARS, R/AT NO.421, 1ST CROSS, SHAMBAVI APARTMENT, CHURCH STREET, NEW THIPPASANDRA, BENGALURU -75.
24 SRI. A.BALAJI, S/O A.THIMMA NAIDU, AGED ABOUT 33 YEARS.
25 SMT. A.LAKSHMI, W/O LATE SRI A THIMMA NAIDU, AGED ABOUT 58 YEARS.
26 SMT. A.BHUVANESHWARI, D/O LATE SRI. A.THIMMA NAIDU, AGED ABOUT 28 YEARS.
RESPONDENTS NO.24 TO 26 ARE RESIDING AT NO.2, ITTUMADU MAIN ROAD, MARUTHI NAGAR, BSK 3RD STAGE, BENGALURU -85.
27 SRI R.BHASKARA MOORTHY, S/O LATE RAJA GOPALAN, AGED ABOUT 73 YEARS.
28 SMT. K.VIJAYALAKSHMY, W/O SRI. R.BHASKARAMOORTHY, AGED ABOUT 67 YEARS.
RESPONDENTS NO.27 & 28 ARE RESIDING AT NO.197, KHB COLONY, 5TH BLOCK, KORAMANGALA LAYOUT, BENGALURU -95.
29 SRI. NANDA KUMAR R M S/O LATE SRI GOPAL NAIDU AGED ABOUT 50 YEARS R/AT NO.124/46 20TH MAIN, PADMANABHA NAGAR BENGALURU -70.
30 SRI K.LAKSHMIPATHI S/O LATE SRI K SUBBARAYALU AGED ABOUT 43 YEARS, R/AT NO.44, 1ST MAIN, 4TH CROSS, NARAYANA REDDY LAYOUT, ELECTRONIC CITY, 2ND PHASE, BENGALURU -100.
31 SMT SUJATHA K, W/O SRI K.V.JAYARAMA, AGED ABOUT 49 YEARS, R/AT NO.96, VIDHYANAGAR, 3RD CROSS, OPP.BOMMASANDRA SKF, ANEKAL TALUK, HOSUR MAIN ROAD, BENGALURU -99.
32 SRI K R SRIDHAR, S/O LATE K Y RAMA REDDY, AGE: 48 YEARS, R/AT NO.62/5, KONAPPANA AGRAHARA, ELECTRONIC CITY POST, BENGALURU SOUTH TALUK-560 100.
… Respondents THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE COURT OF 4TH ADDITIONAL SENIOR CIVIL JUDGE BANGALORE RURAL DISTRICT AT BANGALORE, TO NUMBER, HEAR AND DISPOSE OF THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONER UNDER ORDER 39 RULE 1 AND 2 OF CPC IN O.S.NO.1961/2015 AT ANNEXURE- B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners being the plaintiffs in the partition suit in O.S.No.1961/2015 wherein, the numerous respondents happen to be the defendants, are knocking at the doors of writ court seeking a writ of mandamus to the learned IV Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, “to number, hear and dispose off the interlocutory application filed by the petitioners under Order XXXIX Rules 1 & 2 of CPC”.
2. Since the prayer made in the writ petition is innocuous, notice to respondent/defendants is dispensed with since they will have an opportunity of opposing the subject application when it is taken up for consideration by the trial court.
3. The petitioners grieve that in their partition suit, they have moved an application under Order XXXIX Rules 1 & 2 of CPC, 1908, seeking a temporary injunctive relief; the court below presumably because of work pressure, is not taking up the said application for numbering and hearing though law mandates its consideration in a time bound manner, regardless of its possible result being this side or that side.
4. Having heard the learned counsel for the petitioners and having perused the Petition Papers, this court grants indulgence in the matter because:
(i) no court can say that it will not receive the application or number it after receiving one; any application, petition or the like filed by the party needs to be received and numbered, regardless of it’s worth, subject to all just exceptions into which case of the petitioners does not fit;
(ii) the petitioners have filed the suit in O.S.No.1961/2015 and a copy of the Amended Plaint is at Annexure – A; the plaint is accompanied by an interlocutory application filed under Order XXXIX Rules 1 & 2 read with section 151 of CPC, 1908, supported by the affidavit of the 1st petitioner and a copy thereof is at Annexure – B; thus the said application needs to be numbered and taken up for consideration; and, (iii) the provision of Order XXXIX Rule 3A of CPC, 1908 as amended w.e.f. 1.2.1977 prescribes a period of 30 days for final disposal of such an application if exparte ad interim injunction has been granted; the period prescribed here logically applies for consideration of such applications even when no exparte interim injunction has been granted; an argument to the contrary would fall foul of logic and justice.
In the above circumstances, this Writ Petition succeeds in part; the learned trial Judge shall number the subject application and hear & dispose off the same, within a period of 30 days, in accordance with law, all contentions of the parties having kept open.
Sd/- JUDGE DS