IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR MISCELLANEOUS FIRST APPEAL No.3794 OF 2017(CPC) BETWEEN 1. SMT V T LAKSHMI DEVI W/O G CHANDRASHEKAR AGED ABOUT 53 YEARS, R/AT NO.12/19, 9TH CROSS, ITTAMADU MAIN ROAD BSK III STAGE BENGALURU - 560085 2. SMT B S SHASHIKALA W/O V T RAMACHANDRA D/O B C SOMEGOWDA, AGED ABOUT 48 YEARS, R/AT NO.2761, RAMCHANDRA NILAYA 4TH CROSS, GANDHINAGAR MANDYA - 571401 ALSO RESIDING AT C/O NO.12 (19), 9TH CROSS, ITTAMADU MAIN ROAD BSK III STAGE, BENGALURU - 560085 3. SMT R MANJULA W/O RAJASHEKAR AGED ABOUT 52 YEARS, R/AT NO.403, 24TH CROSS, 9TH MAIN , BSK II STAGE BENGALURU - 560070 4. SRI S S SINDHAGI S/O S D SINDHAGI AGED ABOUT 77 YEARS, R/AT NO.338, 7TH CROSS, III MAIN, HMT LAYOUT VIDYARANYA PURA, BENGALURU - 560013 5. SMT H R SUJATHA W/O MANILYER, AGED ABOUT 51 YEARS, R/AT NO.42, 6TH MAIN, PRAMOD LAYOUT, PANTHARA PALYA, BENGALURU - 560039 6. SMT H R VIMALA W/O H K RAMANATH, AGED ABOUT 45 YEARS, R/AT NO.123, 5TH MAIN, ITI LAYOUT, VIDYAPEETA BENGALURU - 560085 7. SRI M V ANJANEYA REDDY S/O LATE VENKATASWAMAPPA, AGED ABOUT 58 YEARS, R/AT NO.35, VARADARAJA LAYOUT, 8TH B CROSS, AMRUTHALLI, BENGALURU - 560092 8. SRI JAYARAMU S/O GAVIGOWDA, AGED ABOUT 61 YEARS, R/AT NO.8, MAHESHWARI NILAYA 16TH CROSS, 18TH CROSS, 18TH MAIN, PADMANABHANAGAR BENGALURU -560070 9. SMT VIJAYA BHARATHI W/O RATHNAVELU AGED ABOUT 41 YEARS, OCC PRODUCTION MANAGER, BIO TECH DIVISION, INDO AMERICAN HYBRID SEEDS, BSK II STAGE BENGALURU - 560070 10. SRI S RAVIKRISHNA S/O H S SUBBA RAO AGED ABOUT 57 YEARS, R/AT NO.327, 5TH CROSS, III PHASE III STAGE, BANASHANKARI, BENGALURU -560085 11. SMT RENUKA V ATRE AGED MAJOR R/AT NO.41, JAYA VIJAYA CORPORATION HSG SOCIETY, WESTERN EXPRESS HIGHWAY, VILE PARLE (EAST), MUMBAI - 400099.
REP BY HER GPA HOLDER SRI V SATHYNARAYANA S/O LATE C VENKATANARASAIAH AGED ABOUT 67 YEARS, R/AT NO.52, 16TH CROSS 5TH PHASE, J P NAGAR BENGALURU - 560078 12. SRI H UDAY S/O SRI PUTTARAMAIAH , AGED ABOUT 51 YEARS, R/AT NO.505, GROUND FLOOR, SRI LAKSHMI NARASIMHA KRUPA BKF HOSPITAL ROAD, PADMANABHA NAGAR, BENGALURU - 560070 13. SRI PRAVEEN KUMAR AMEEN S/O LATE S K AMEEN AGED ABOUT 58 YEARS, R/AT NO.303, KBG KEMPU HONNU, NO.5,6,7 AND 8, III FLOOR, KATHA NO 16/2, OLD NO.16, UTTARAHALLI HOBLI, BENGALURU - 560061 14. SRI Y RAGHUNATH S/O LATE VENKOBRAO, AGED ABOUT 51 YEARS, R/AT NO.15, PUTTANNA ROAD, BASAVANAGUDI BENGALURU - 560004 15. SRI N RAMESH S/O NOT KNOWN AGED MAJOR, REPRESENTED BY HIS GPA HOLDER SRI R VIJAYA REDDY AGED 47 YEARS, R/AT NO.825 FERNS PARADISE DODDANKKUNDI, BENGALURU - 560048 16. SMT VEDAVATHI W/O NOT KNOWN AGED MAJOR REP BY HER GPA HOLDER SRI MANJUNATH REDDY AGED ABOUT 49 YEARS, R/AT NO.825 FERNS PARADISE DODDANAKUNDI, BENGALURU - 560048 17. MR FRANCIS JOSEPH S/O MR JOSEPH BENEDICT AGED ABOUT 67 YEARS, R/AT NO.30, 1ST FLOOR, 1ST MAIN, III CROSS BHARATHINAGAR, MADIWALA POST, BENGALURU - 560068 18. SMT SHAILA SUNDAR W/O LT COL DEVDAS SUNDAR, AGED ABOUT 50 YEARS, R/AT NO.49, MIG , II STAGE, KHB COLONY BASVESHWARANAGAR BENGALURU - 560079 19. SRI HANUMANTHARAYAPPA S/O LATE GANGAMMA, AGED ABOUT 53 YEARS, R/AT NO.65/1, 10TH MAIN, II CROSS, 7TH BLOCK 4TH PHASE BSK III STAGE BENGALURU - 560085 20. SMT S SANDHYA W/O SRINIVASA DHANYA B AGED ABOUT 47 YEARS, R/AT NO.34, 1ST CROSS, KSRTC LAYOUT, CIKKALASANDRA BENGALURU - 560061 21. T P SRIKANTH PRASAD S/O PRABHU SWAMY AGED ABOUT 54 YEARS, R/AT NO.919, 31ST CROSS, GROUND FLOOR, THILAKNAGAR, 4TH THE BLOCK, JAYANAGAR BENGALURU - 560041 22. SRI B VISHWANATH S/O LATE B MUNDAPPA, AGED ABOUT 72 YEARS, R/AT NO.486, I CROSS, II PHASE , 6TH BLOCK, BSK III STAGE BENGALURU - 560085 ... APPELLANTS (BY SRI. P.SHIVAMURTHY, ADVOCATE FOR SMT. M.V.VEDACHALA, ADVOCATE) AND 1. SMT R PUSHPALATHA W/O G H MOHAN KUMAR, AGED ABOUT 44 YEARS, R/AT NO.35/1, CHETHANA I B MAIN ROAD VIVEKANANDANAGAR, BSK III STAGE, BENGALURU - 560085 2. SRI A NAVEEN S/O ARUN KUMAR J AGED ABOUT 29 YEARS, R/AT NO.755, 5TH CROSS, III BLOCK, BSK III STAGE, BENGALURU - 560085 3. SMT K C SOWBHAGYA W/O G H THIMMAIAH , AGED ABOUT 59 YEARS, R/AT NO.3953, 17TH D CROSS, III MAIN, BSK III STAGE BENGALURU – 560085 4. SRI G N RAJASHEKARA NAIDU S/O G V NARASIMHA NAIDU AGED ABOUT 51 YEARS, R/AT NO.861, II CROSS 11TH BLOCK, NAGARABHAVI II STAGE BENGALURU - 560072 5. SRI BHOGENDRA S/O LATE GANGAPPA, AGED ABOUT 45 YEARS, R/AT NO.110, 8TH CROSS, ANNAPOORNESHWARI LAYOUT 6TH BLOCK, NAGARABHAVI II STAGE, BENGALURU - 560072 6. SRI N JAYANNA S/O LATE NAGANNA, AGED ABOUT 44 YEARS, R/AT NO.302, MATHRU KRUPA 8TH CROSS, ANNAPOORNESHWARI LAYOUT, 8TH BLOCK, NAGARABHAVI II STAGE BENGALURU - 560072 7. SRI HARISH KUMAR S/O R JAVREGOWDA, AGED ABOUT 45 YEARS, R/AT NO.218, NAMMANE, 6TH CROSS 2B MAIN ROAD, 9TH BLOCK, NAGARBHAVI II STAGE BENGALURU - 560072 8. SMT B L KEERTHI W/O BV PRAMOD AGED ABOUT 41 YEARS, R/AT NO.863, 9TH MAIN, 4TH STAGE, BEML LAYOUT RAJARAJESHWARI NAGAR BENGALURU -560098 9. SRI K C RAGHUNATH S/O LATE K C CHIKKARANGAIHA AGED ABOUT 49 YEARS, R/AT NO.26/20, SRI RANGA DHAMA II MAIN ROAD, MARENAHALLI, VIJAYANAGAR BENGALURU - 560040 ALL ARE REPRESENTED BY THEIR GPA HOLDER SRI B V PRAMOD, AGED ABOUT 48 YEARS, S/O VASANTHKUMAR R/AT NO.710, 2ND CROSS, 9TH MAIN, BEML LAYOUT, 4TH STAGE, RAJARAJESHWARI NAGAR BENGALURU - 560098 10. SRI V NAJARAJ S/O SRI VENKATARAMANAPPA, AGED ABOUT 42 YEARS, R/AT NO.22/15, 39TH CROSS, 14TH MAIN ROAD, 4TH T BLOCK, JAYANAGAR, BENGALURU 11 11. M/S DHARMAPREETH DEVELOPERS AND PROMOTERS PVT LTD R/AT NO.53/2, SIDDAGANGA KALYANA MANTAPA ROAD, 6TH CROSS, SHIVANAGAR, III PAHSE, MANJUNATH NAGAR, BENGALURU - 560010 REP BY ITS MD SRI B K CHANDRESHEKAR 12. SRI M V KEERTHI HASAN S/O LATE C VEERASETTAIAH AGED ABOUT 83 YEARS, R/AT NO.1900, MALLIKARJUNA NILAYA 31ST CROSS, 9TH MAIN BSK II STAGE BENGALURU - 560070 13. SRI ASHWATH S/O LATE VENKATAPPA, AGED ABOUT 42 YEARS, 14. SRI NARASIMHARAJU S/O LATE VENKATAPPA, AGED ABOUT 32 YEARS, 15. SMT LAKSHMI DEVI W/O RAJU, D/O LAVE VENKATAPPA, 16. SMT BYAMMA W/O LATE MUNIDAS, D/O LATE VENKATAPPA, 17. SMT RATHNAMMA W/O RAMESH D/O LATE VENKATAPPA, AGED ABOUT 40 YEARS, 18. SMT MANJULA W/O SOMASHEKAR, S/O LATE VENKATAPPA AGED ABOUT 36 YEARS, R13 TO R18 ARE R/AT NO.36, CHANNASSANDRA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH - 560061 19. SMT MEENAKSHI W/O A V SHESHACHALAM AGED ABOUT 50 YEARS, R/AT NO.620, II CROSS, KEMPEGOWDA LAYOUT BENGALURU - 560085 20. SRI V V JOSHI S/O L V M JOSHI AGED MAJOR, R/AT NO.126/2, 17TH CROSS, RD, PADMANABHANAGAR, BENGALURU - 560070 REP BY HIS GPA HOLDER SRI T KRISHNAIAH, AGED ABOUT 54 YEARS R/AT NO.159/A, 27TH CROSS, 30TH MAIN, BSK II STAGE BENGALURU - 560070 21. SRI E R RAMA ROA S/O NOT KNOWN AGED MAJOR, R/AT NO.37, 4TH FLOOR, CHARMING APARTMENTS, MINI LAND BANDUP (W) MUMBAI - 400078 REPRESENTED BY HIS GPA HOLDER SRI MOHAN KUMR S/O R SRINIVASA MURTHY, AGED ABOUT 53 YEARS, R/AT NO.42/1 4TH CROSS, SRIRAMPURAM BENGALURU - 560021 22. SRI KUVEMPU HOUSE AND SITE OWNERS WELFARE ASSOCIATION NO.2/3-D, 2/3-B, 3/1 CHANNASANDRA VILLAGE UTTRAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560061 REPRESENTED BY ITS PRESIDENT SRI M C RAJANNA 23. SRI MADEGOWDA K S/O KARIGOWDA , AGED ABOUT 53 YEARS, R/AT NO.18, PRASHANTHA NILAYA, ASHWATH LAYOUT, DODDAKALLASANDRA II STAGE BENGALURU - 560062 24. SRI MUDDEGOWDA K N S/O KEMPEGOWDA, AGED ABOUT 59 YEARS, R/AT C/O JAYARAMU NO.8 MAHESHWARI NILAYA 16TH CROSS 18TH CROSS, 18TH MAIN PADMANABHANAGAR BENGALURU - 560070 25. SMT YASHODHA N BHAT W/O DR N R BHAT, AGED MAJOR R/AT 3827, 26TH MAIN, 30TH CROSS, BSK , III STAGE BENGALURU - 560070 26. SRI RICHARD RATNAKAR S/O R S ULLAGADDI, AGED ABOUT 51 YEARS, R/AT NO.792, 14TH MAIN ROAD 12TH B CROSS, JUDICIAL LAYOUT GKVK POST, YELAHANKA BENGALURU 65 27. DR K B KUMAR S/O NOT KNOWN AGED ABOUT 42 YEARS, R/AT C/O SASI VILLAPPAN, TF-1, BEML 5TH STAGE AJANTHA WONDER APARTMENT, RAJARAJESHWARI NAGAR, BENGALURU - 560078 28. SMT JYOTHI SAHASRA BUDDE W/O VIJAYA SHASRA BUDDE, AGED ABOUT 52 YEARS, R/AT NO.4, MOUNTAIN STREET, MADHAVAN STREET, I BLOCK, JAYANAGAR EAST BENGALURU - 560011 29. DR SEEMA PRAKASH W/O DR JITHENDRA PRAKASH, AGED 59 YEARS, R/AT SAI GRACE EV-4/54/56, NANJAPPA LAYOUT, 7TH CROSS, SYNDICATE BANK COLONY BENGALURU - 560076 30. SRI P K BANERJI S/O LATE D BANERJEE AGED ABOUT 56 YEARS, R/AT NO.129, 4TH MAIN ANJANEYA NAGAR BSK III STAGE BENGALURU - 560085 31. SRI K S SRINIVASAN AGED MAJOR, R/AT NO.12, SRS O NDRI B TYPE QUARTERS, AUDUGODI, BENGALURU - 560030 REP BY GPA HOLDER, SRI G T NARASIMHACHAR AGED ABOUT 56 YEARS, R/AT NO.343, 5TH MAIN ISRO LAYOUT BENGALURU -560078 32. SRI G NARASIMHACHAR S/O LATE G THIRUNARAYANA IYER, AGED ABOUT 62 YEARS, R/AT NO.343, 5TH MAIN ISRO LAYOUT BENGALURU – 560078 ... RESPONDENTS THIS MFA IS FILED UNDER ORDER XLIII RULE 1(R) OF CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE ORDER DATED 31.01.2017 PASSED BY THE XXXIX ADDITIONAL CITY CIVIL JUDGE AT BENGALURU, IN O.S.NO.8678/2014 AND MODIFIED THE STATUS QUP ORDER IN THE ABOVE SUIT.
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER On 22.04.2019, one week time was finally granted for compliance of office objections. Since then office objections have not been complied with. Today also the appellants’ counsel prays for time. There is no reason to adjourn. Appeal is dismissed.
KMV/-
SD/- JUDGE