SHWETHA BALAKRISHNA vs SRI. VENKATASWAMY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57767
MFA No. 2072 of 2023
CNR: KAHC010160722023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
MISCELLANEOUS FIRST APPEAL NO. 2072 OF 2023 (CPC)
BETWEEN:
SHWETHA BALAKRISHNA
W/O SRI BALAKRISHNA,
AGED ABOUT 33 YEARS,
RESIDING AT NO.95 (93/1),
3RD MAIN, N S PALYA,
BTM 2ND STAGE,
BANNERGHATTA ROAD,
BENGALURU - 560 076
…APPELLANT
(BY SRI. MANMOHAN P.N., ADVOCATE)
AND:
SRI. VENKATASWAMY
SINCE DEAD BY HIS LRS.
SRI SHANKARAPPA,
S/O LATE SRI VENKATASWAMY,
AGED ABOUT 44 YEARS,
2.
SRI KANTHRAJU
S/O LATE VENKATASWAMY,
AGED ABOUT 41 YEARS,
3.
SMT RAVIKALA
D/O LATE SRI VENKATASWAMY,
AGED ABOUT 36 YEARS,
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
1.
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4. SRI DEVARAJU
S/O LATE SRI VENKATASWAMY,
AGED ABOUT 34 YEARS,
5. SMT DEEPA
D/O LATE SRI VENKATASWAMY,
AGED ABOUT 31 YEARS,
RESPONDENTS NO.1 TO 5 ARE
R/AT KADUBISANAHALLI VILLAGE,
PANTHARU POST, VARTHUR HOBLI,
BENGALURU EAST TALUK.
6. SRI RAJAPPA
S/O LATE SRI CHINNAPPA,
AGED ABOUT 58 YEARS,
R/AT KADUBISANAHALLI VILLAGE,
PANTHARU POST,
BENGALURU EAST TALUK.
7. M/S BENGALURU ELECTRICITY SUPPLY COMPANY
LTD
BENGALURU SOUTH CIRCLE, BESCOM,
K. R CIRCLE, BENGALURU - 560 001.
REPRESENTED BY ITS GENERAL MANAGER
(ELECTRICAL),
(COMM 1. OPERATION AND MAINTENANCE)
BENGALURU SOUTH CIRCLE, BESCOM,
K R CIRCLE, BENGALURU - 560 001.
8. BENGALURU DEVELOPMENT AUTHRITY
T CHOWDAIAH ROAD, KUMARA PARK WEST,
BENGALURU - 560 020,
REPRESENTED BY ITS COMMISSIONER
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MFA No. 2072 of 2023
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SRI SANJEEVAPPA
SINCE DEAD BY HIS LRS
MUNIYAMMA,
W/O LATE SANJEEVAIAH,
AGED ABOUT 71 YEARS,
10. MUNINARAYANAPPA
S/O LATE SANJEEVAIAH,
AGED ABOUT 48 YEARS,
11. GOVINDAPPA
S/O LATE SANJEEVAIAH,
AGED ABOUT 45 YEARS,
12. RENUKAMMA
D/O LATE SANJEEVAIAH,
AGED ABOUT 42 YEARS,
13. SAKAMMA
D/O LATE SANJEEVAIAH,
AGED ABOUT 40 YEARS,
14. CHANDRAMMA
D/O LATE SANJEEVAIAH,
AGED ABOUT 40 YEARS,
15. LAKSHMI
D/O LATE SANJEEVAIAH,
AGED ABOUT 28 YEARS,
SRI. MUNISANJEEVAIAH
SINCE DEAD BY HIS LRS
9.
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MFA No. 2072 of 2023
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SRI MUNISANJEEVAIAH
SINCE DEAD BY HIS LRS
YELLAMMA,
W/O LATE MUNISANJEEVAIAH,
AGED ABOUT 55 YEARS,
17. SRI TULASAPPA
S/O LATE SRI KAVERAPPA,
AGED ABOUT 65 YEARS,
RESPONDENTS NO.9 TO 17 ARE
R/AT KADUBEESANAHALLI VILLAGE,
PANATHUR POST, VARTHUR HOBLI,
BENGALURU EAST TALUK.
…RESPONDENTS
(BY SRI. H.V. DEVARAJU, ADVOCATE FOR R7
16.
SRI. H.T. RAVINDRA, ADVOCATE FOR R8
NOTICE TO R1 TO R6 AND R9 TO R17 ARE
D/W V/O DTD 13.04.2023)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 20.02.2023 PASSED ON
I.A.NO.25/2022 IN OS.NO.6369/2008 ON THE FILE OF THE XVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, CCH-12,
BENGALURU, DISMISSING THE I.A.NO.25 FILED UNDER
ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 2072 of 2023
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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the appellant, who is the
defendant No.6, before the trial Court in
O.S.No.6369/2008 challenging the order dated 20.02.2023
passed on IA.No.25 by the XVI Additional City Civil and
Sessions Judge, CCH-12. The respondents are the
plaintiffs and co-defendants before the trial Court.
2. Parties to the proceedings shall be referred to
as the plaintiffs and the defendants for the sake of brevity.
3. The suit came to be filed by the plaintiffs for the
relief of partition and separate possession of the 'B'
schedule property and for the relief of declaration and
consequential relief of permanent injunction. During the
pendency of the suit, an application-IA.No.25 came to be
filed by the appellant/defendant No.6 under Order XXXIX
Rule 1 and 2 read with Section 151 of CPC seeking for
grant of temporary injunction restraining defendant Nos.1
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and 2, their agents, henchmen, assigns or anybody
claiming from or through them from interfering with the
peaceful possession and enjoyment of the counter claim
suit schedule property pending disposal of the suit. The
defendant Nos.1 and 2 are the Bangalore Electricity Supply
Company Ltd and the Bangalore Development Authority,
respectively. The application- IA.No.25 filed by the
appellant/defendant No.6 came to be dismissed. Aggrieved
by which he is before this Court.
4. Respondents are represented through their
counsel. During the pendency of this appeal, this Court
vide order dated 13.04.2023 by issuing notice passed an
order directing the respondent Nos.7 and 8, who are the
defendant Nos.1 and 2 before the trial Court not to
interfere with the appellant's lawful and peaceful
possession and enjoyment of the counter claim schedule
property till the next date of hearing. This order was
passed on 13.04.2023 and has continued till date.
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5. It is the contention of learned counsel for the
appellant/defendant No.6 that he has purchased the
property from the plaintiff No.2 and his children, and the
plaintiff No.2 did not have any objection in the order being
passed in favour of the appellant/defendant No.6.
Therefore, he contends that since an order is already
operating now restraining the respondent Nos.7 and 8
from interfering with the appellant's peaceful possession
and enjoyment of the counter claim schedule property, the
matter before the trial Court has reached the stage of
recording of evidence of the parties. The suit is of the year
2008, therefore, he contends that the interim order
granted by this Court could be continued. There could be a
direction to the trial Court to dispose of the suit
expeditiously, as the trial has already begun.
6. Learned counsel for the respondent Nos.7 and 8
who are present before the Court submit that it would be
in the interest of all parties that the trial proceeds
expeditiously and disposed of rather than this matter
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MFA No. 2072 of 2023
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pending before this Court on an interim application.
Learned counsel for the respondent Nos.7 and 8 submit
that they would not have any objection to the disposal of
this appeal continuing the order passed by this Court on
13.04.2026 till disposal of the suit and they would pursue
their remedies before the suit and co-operate for the
expeditious disposal of the suit.
7. Submissions of learned counsel for the
appellant/defendant No.6 and the respondent Nos.7 and 8
are placed on record. This Court would not want to delve
into the merits of the matter further, as learned counsel
for both parties agreed to continue the interim order
granted by this Court on 13.04.2023 and direct the trial
Court to dispose of the suit in an expeditious manner.
Accordingly, I pass the following order.
ORDER
1) The appeal is disposed of.
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MFA No. 2072 of 2023
CNR: KAHC010160722023
2) The impugned order of the trial Court is
modified.
3) The interim order passed by this Court on
13.04.2023 shall stand continued till
disposal of the suit.
4) The appellant and the respondents shall
cooperate in expeditious disposal of the
suit. Since the suit is of the year 2008,
the trial Court shall endeavour to dispose
of the suit expeditiously. All parties to
cooperate in expeditious disposal of the
suit.
5) Trial Court is at liberty to impose costs
on parties seeking unnecessary
adjournments.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
RCK