IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL NO.10516 OF 2018 (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 – 560 092. …Appellants (By Sri. Amaresh A. Angadi, Advocate) And:
Sri K. Prakash S/o. M. Krishna Murthy Aged about 47 years Residing at No.1283 C 36th Cross, 19th Main, 5th Block HBR Layout Bengaluru – 560 043. …Respondent (Respondent - served unrepresented) This MFA is filed under Order 43 Rule 1(r) of CPC praying to set aside the impugned order passed by the 39th Additional City Civil and Sessions Judge, CCH No.40, Bengaluru City on I.A.No.II in O.S.No.6489/2018 dated 28.11.2018 and etc., This MFA coming on for Admission, this day, the Court delivered the following:
JUDGMENT Heard the appellants’ counsel at the time of admission. The respondent has been served with notice, but he has not entered appearance either in person or through a counsel.
2. This appeal arises from O.S.No. 6489/2018.
By order dated 30th May, 2019, this Court disposed of two appeals, namely MFA 2536/2019 and MFA 10162/2018. MFA 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.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 2536/2019 and MFA 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.
Mgn* Sd/- JUDGE