IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.3082 OF 2019 (CPC) BETWEEN:
1. Smt. Uma, W/o. Late Ramanjani, Aged about 61 years, 2. Smt. R.Asha, D/o. Late Ramanjani, Aged about 42 years, 3. Smt. K.R.Deepa, D/o. Late Ramanjani, Aged about 40 years, 4. Smt. R.Sowmya D/o. Late Ramanjani, Aged about 38 years, All are residing at No.629 Kodigehalli, Opp. to Gangamma Temple, Sahakaranagar Post, Bengaluru-560092.
(By Sri. Amaresh A. Angadi, Advocate) …Appellants AND:
Smt. Priya Praveen, W/o. Praveen Babu Vengaiah Naidu, Aged about 37 years, Residing at No.928/A 11th ‘C’ Cross, Vyalikaval Bengaluru-560003.
(By Sri. K.S.Harish, Advocate for C/R) ... Respondent This MFA is filed under Order 43 Rule 1(r) of CPC against the order dated 28.02.2019 passed on I.A.No.II in O.S.No.6481/2018 on the file of the XXXVII Additional City Civil and Sessions Judge, (CCH-38), Bengaluru City, dismissing I.A.No.2 filed under Order 39 Rule 1(a) read with Section 151 of CPC.
This MFA coming on for admission this day, the Court made the following:
ORDER Heard the appellants’ counsel at the time of admission. Though the respondent has entered caveat, her counsel is absent.
2. This appeal arises from O.S.No.6481/2018.
By order dated 30th May, 2019, this Court disposed of two appeals, namely, MFA No.2536/2019 and MFA No.10162/2018. MFA No.10162/2018 arises from O.S.No.6489/2018. The said appeal was filed by the appellants herein questioning the order passed by the trial Court on IA No.1 filed by the respondent herein, being the plaintiff in the suit. While disposing of these two MFAs, order of the trial Court was modified and the plaintiffs and the defendants have been ordered to maintain vacant nature of the suit property till the disposal of the suits. This appeal is filed by the defendants questioning dismissal of their application IA No.2 filed under Order 39 Rule 1(a) of CPC. Since the common order in MFA No.2536/2019 and MFA No.10162/2018 directs the defendants and plaintiffs to maintain vacant nature of the suit property, I do not think that a detailed order has to be passed in this appeal also. Both the parties to the suit are directed to maintain vacant nature of the suit property till the disposal of the suit. With these observations, the appeal is disposed of.
KMV/-
SD/- JUDGE