IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA MISCELLANEOUS FIRST APPEAL No.1307/2017(CPC) BETWEEN:
SRI. M. SUBRAMANYA, S/O. LATE CHIKKA MUNINANJAPPA @ ANGADI MUNINANJAPPA, AGED ABOUT 63 YEARS, R/AT JAKKUR VILLAGE, YALAHANKA HOBLI, BANGALORE NORTH TALUK.
(BY SRI SURESH S LOKRE, ADVOCATE) AND:
1. R. RAKESH, S/O. J. RANGANATHA NAIKAR, AGED ABOUT 39 YEARS, R/AT H. NO.66/1, ASHWATHANAGAR, SANJAY NAGAR POST, BANGALORE-560 094.
2. SMT. NAGRATHNAMMA D/O. LATE CHIKKA MUNIYAPPA @ ANGADI MUNINANJAPPA, MAJOR IN AGE, 3. SMT. MUNILAKSHMAMMA, D/O. LATE CHIKKA MUNINANJAPPA @ ANGADI MUNINANJAPPA, MAJOR IN AGE, ... APPELLANT 4. SMT. RAJAMMA, D/O. LATE CHIKKA MUNINANJAPPA @ ANGADI MUNINANJAPPA, MAJOR IN AGE, RESPONDENT NO.(2), (3) & (4) ARE R/AT JAKKUR VILLAGE, YALAHANKA HOBLI, BANGALORE NORTH TALUK.
5. N. LINGARAJ, AGED ABOUT 64 YEARS, FATHER’S NAME NOT KNOWN, PRESIDENT, 6. H. KRISHNAMURTHY, AGED ABOUT 80 YEARS, FATHER’S NAME NOT KNOWN, PRESIDENT, (BOTH R(5) AND R(6) ARE R/A KARNATAKA STATE KHADI & VILLAGE INDUSTRIES WORKERS HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NO.10, MILLERS TANK BUND ROAD, BANGALORE.) 7. V. R. ANJANAPPA, S/O. LATE V. RAMAIAH, AGED ABOUT 62 YEARS, R/AT KOLATHUR VILLAGE, YELADUR HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 121.
8. SMT. B. H. PRABHAVATHAMMA, W/O. A. PRASAD, AGED ABOUT 51 YEARS, R/AT KOLATHUR VILLAGE, YELADUR HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT-563 121.
9. LAKSHMAN. N., SPECIAL OFFICER, KARNATAKA STATE KHADI & VILLAGE INDUSTRIES WORKERS HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NO.10, MILLERS TANK BUND ROAD, BANGALORE-560 052.
... RESPONDENTS (BY SRI K. S. HARISH, ADVOCATE FOR C/R1; SRI SHANKARAPPA, ADVOCATE FOR R2 TO R4;
SRI H.S. VENKATESH MURTHY, ADVOCATE FOR R9;
V/O DATED 24.3.2017 NOTICE ON R5 & R6 IS DISPENSED WITH; V/O DATED 1.06.2017 NOTICE TO R7 & R8 IS DISPENSED WITH) …..
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF CPC AGAINST THE ORDER DATED 17.01.2017 PASSED IN I.A. NO. 1 IN O.S.NO. 2940/2015 ON THE FILE OF THE XXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, ALLOWING I.A. NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Though the matter is listed for admission, with the consent of learned counsel for the parties, the appeal is finally heard and disposed of.
2. The present Miscellaneous First Appeal is filed by the defendant No.1 in O.S.No.2940/2015 on the file of the XXIX Addl. City Civil and Sessions Judge, Bengaluru, challenging the order dated 17.01.2017 allowing the application filed by the plaintiff under Order XXXIX Rule 1 and 2 of Code of Civil Procedure.
3. The main grievance of the appellant in the present appeal is that the Trial Court has not given an opportunity of hearing the first defendant before passing the impugned order. If that is so, it is always open for the first defendant to file an application under Order XXXIX Rule 4 of Code of Civil Procedure, for vacating temporary injunction.
4. In view of the same, without adverting to the merits and demerits of the case, it is suffice to dispose of the above appeal, reserving liberty to the appellant/first defendant to file an application before the Trial Court, under Order XXXIX Rule 4 of Code of Civil Procedure. If such an application is filed, it is for the Court below to consider the same and pass orders in accordance with law.
5. The interim order of status quo granted by this Court shall enure to the benefit of the appellant for a period of one month.
Office is directed to send back the lower Court records, forthwith.
Miscellaneous First Appeal is disposed of.
Sd/- JUDGE Kcm