1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 14TH DAY OF NOVEMBER, 2013

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

MISCELLANEOUS FIRST APPEAL NO. 9410/2013 (CPC)

BETWEEN: M/S SHANTHINAGAR HOUSE BUILDING CO-OPERATIVE SOCIETY HAVING ITS OFFICE AT NO.147, VASAVI COMPLEX 2ND FLOOR, 1ST MAIN ROAD

SHESHADRIPURAM BANGALORE REPRESENTED BY ITS SECRETARY MR SOMASHEKAR ... APPELLANT (BY SRI.UDAYA HOLLA, SR. COUNSEL FOR M/S

SHASHI KIRAN SHETTY K, ADVOCATES, ASSOCIATES)

AND:

1. M/S PATON CONSTRUCTIONS PVT. LTD., A COMPANY INCORPORATED

UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.101, THOSAR HOUSE HANUMAN CROSS ROAD NO.1, VILE PARLE (E) MUMBAI - 400 057

HAVING ITS CORPORATE OFFICE AT 2ND FLOOR, KRISHNA BHAVAN 67, NEHRU ROAD

2

VILE PARLE (EAST), MUMBAI 400 057 REPRESENTED BY ITS DIRECTORS (A) MR PRAVIN SATRA

(B) MR PREMJI SATRA

2. M/S LORVEN PROJECTS LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT

NO.12912 ROAD NO.65, JUBILEE HILLS HYDERABAD 560034 REPRESENTED BY ITS DIRECTOR MR G P REDDY

3. MR G P REDDY

ALIAS GODI PITCHI REDDY SON OF CHINNAPPA REDDY

AGED MAJOR AT PLOT NO.1291 ROAD NO.65 JUBLIEE HILLS HYDERABAD 560034

4. MR B K DWARAKANATH

S/O T V KRISHNA IYENGAR AGED ABOUT 83 YEARS

RESIDING AT NO.23/67 UMA VILAS, 1ST CROSS MALLESHWARAM BANGALORE - 560 003

5. THE BANGALORE DEVELOPMENT AUTHORITY HAVING ITS OFFICE AT:

P CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE CITY REPRESENTED BY ITS COMMISSIONER

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6. ANUPAMA NEERAJ

D/O VASUNDARA MURTHY AGED ABOUT 35 YEARS RESIDING AT NO.1107

10TH MAIN ROAD R P C LAYOUT 2ND STAGE, VIJAYANAGAR BANGALORE 560040

7. AVINASH RAO

S/O PRAHALADA RAO AGED ABOUT 35 YEARS RESIDING AT NO.476

1ST FLOOR, 28TH MAIN ROAD 13TH CROSS, J P NAGAR BANGALORE 560078

8. KRISHNA KUMAR T A

S/O TALLAM ANNANARAYAN AGED ABOUT 49 YEARS RESIDING AT NO.171 KUTEERAM, 44TH CROSS

3RD MAIN, JAYANAGAR BANGALORE 560078

9. MANJULA M N

W/O M N MANJUNATH AGED ABOUT 48 YEARS RESIDING AT NO.173 44TH CROSS 8TH BLCOK, JAYANAGAR

BANGALORE 560082

10. RAGHAVENDRA D V

S/O DONTI ASHWATHANARAYANA AGED ABOUT 33 YEARS RESIDING AT NO.2308

4

21ST CROSS, BSK 2ND STAGE BANGALORE 560070

11. BALAKRISHNA

S/O RAJAGOPALAN RESIDING AT NO.8 69/2A, 3RD FLOOR

4TH STAGE, BAWESHWARAPURE BANGALORE

12. VINAY KARTHIK

S/O K CHANDRA PRAKASH AGED ABOUT 39 YEARS RESIDING AT NO.51 AGA ABBAS ALI ROAD BANGALORE 560042

13. D K SURESH S/O KEMPEGOWDA

AGED ABOUT 44 YEARS NO.11/2-C, 2ND FLOOR, J H COMPLEX GANDHINAGAR BANGALORE 560009

14. D K MANJULA S CHANDRA

W/O SHARATH CHANDRA AGED ABOUT 54 YEARS

RESIDING AT NO.789 3RD MAIN, RPC LAYOUT VIJAYANAGAR BANGALORE 560040

15. VINOD KUMAR KRISHNA

S/O R KRISHNAPPA AGED ABOUT 42 YEARS RESIDING AT NO.11/2C

2ND FLOOR, J H COMPLEX

5

GANDHINAGAR BANGALORE 560009

16. NIRANJAN D S

S/O SHETTY AGED ABOUT 62 YEARS RESIDING AT AVENUE ROAD

BANGALORE 560002

17. SUSHAL M P

S/O M C PRABHAKAR GUPTA AGED ABOUT 40 YEARS RESIDING AT NEEM STREET CHICKMAGALUR 577 101

18. SUJAY ASHOK TALLAM S/O ASHOK TALLAM

AGED ABOUT 32 YEARS RESIDING AT NO.594, SUPLIYA 5TH MAIN, 11TH CROSS, SADASHIVNAGAR BANGALORE 560080

19. ANOOP KUMAR K R

S/O DR S RAVEENDRAN AGED ABOUT 56 YEARS

RESIDING AT C/O MUNIRAJU RAMACHANDRAPURA, JALAHALLI POST BANGALORE 560054

20. SUDHA SRINIVASAN

W/O SRINIVASAN AGED ABOUT 53 YEARS RESIDING AT C/O T L SRINIVAAIAH SHETTY VASAVI TEMPLE STREET

SHIDLAGHATTA KOLAR DISTRICT -563101.

6

21. SATYANARAYANA M S

S/O MANADI SRINIVASA SHETTY AGED ABOUT 67 YEARS RESIDING AT NO.19

14TH MAIN ROAD CHAMARAJAPET BANGALORE 560018

22. THIMMAIAH P B

S/O A THIMMAIAH AGED ABOUT 60 YEARS RESIDING AT C/O SURESH KUMAR PEARL HOUSE

3RD FLOOR, BEHIND SBM RANGARO ROAD SHANKARAPURAM BANGALORE CITY

23. SRIDHAR M K

S/O M K SURESH BABU AGED ABOUT 59 YEARS RESIDING AT NO.106

GOPALA KRISHNA SWAMI TEMPLE FRONT ROAD BASAVANAHALLI CHIKKAMANGALORE 577101

24. MANJUNATH M N

S/O M S NAGENDRAPPA AGED ABOUT 63 YEARS RESIDING AT NO.173

44TH CROSS, 8TH BLOCK JAYANAGAR BANGALORE 560082

25. NAGESH S S

S/O SRINIVASA SHETTY AGED ABOUT 43 YEARS

7

RESIDING AT AYYAPPA NAGAR NEW EXTN CHIKKAMAGALUR 577 101

26. VIJAYARAJ

S/O A RAJ AGED ABOUT 63 YEARS

RESIDING AT NO.694-53 SEVENTH DAY SCHOOL ROAD CHICKMAGALUR 577 101

27. SOWMYA K A

W/O K V ARUN KUMAR AGED ABUT 39 YEARS RESIDING AT NO.30 SANJEEVANI

3RD MAIN ROAD SAKAMMA GARDEN BASAVANAGUDI BANGALORE 560080

28. DR RATHAN K H

S/O DR K V HARIPRAKASH AGED ABOUT 37 YEARS RESIDING AT NO.64

ANJALI PRIYA MODEL HOUSE STREET BANGALORE 560 004

29. SUMANA HARIPRAKASH

W/O DR K V HARIPRAKASH AGED ABOUT NO.67 ANJALIPRIYA MODEL HOUSE STREET BASAVANAGUDI

BANGALORE 560004

30. SEETHARAM SHEETY T V

S/O THOLASI VENKATACHALA SHETTY

8

AGED ABOUT 83 YEARS RESIDING AT NO.204 2ND FLOOR, BRIGADE PARK VIEW B P WADIA ROAD

BASAVANAGUDI BANGALORE 560 004

31. LAKSHMI D V

W/O DR VENKATESH AGED ABOUT 34 YEARS RESIDING AT NO.611/25 10TH CROSS, 7TH BLOCK JAYANAGAR WEST

BANGALORE 560082

32. GEETHANJALI K

W/O D T JAGANNATHA AGED ABOUT 50 YEARS RESIDING AT NO.159 SRINIVASA ROAD, 2ND BLCOK R T NAGAR BANGALORE 560028

33. LAVANYA T S D/O T SRINIVASAA

AGED ABOUT 27 YEARS RESIDING AT NO.263-34 36TH CROSS ROAD, 8TH BLOCK JAYANAGAR BANGALORE 560082

34. PARTHASARATHY K

S/O K S SHETTY AGED ABOUT 63 YEARS

RESIDING AT ELEGANT EMBASSY 92/93, KATRIGUPPA, BSK 3RD STAGE 4TH CROSS, RAMA RAO LAYOUT BANGALORE 560085

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35. VENKATA KARTHIK K S

S/O K V SRINIVASALU AGED ABOUT 31 YEARS RESIDING AT SAI SADAN, NO.310/A

4TH MAIN, BANASHANKARI 1ST STAGE BANGALORE 560050

36. RAMESH B P

S/O B PUTTANANAPPA AGED ABOUT 62 YEARS RESIDING AT NANJUNDESHWARA NILAYA NO.31, 3RD MAIN ROAD SAKAMMA GARDEN

BASAVANAGUDI BANGALORE 560 004

37. SURESH KUMAR

S/O S KUMAR AGED ABOUT 52 YEARS RESIDING AT NO.33 9TH B CROSS, 40 FEET ROAD J P ROAD, 1ST PHASE

BANGALORE 560078

38. KALAVATHI B P

W/O B G PAMAKAR AGED ABOUT 72 YEARS RESIDING AT NO.023 F BLOCK, GARADI APARTMENTS K R ROAD TATA SILK KARM

BANGALORE 560 O04

39. RADHE SHYAM

S/O RAGHURAMULU AGED ABOUT 59 YEARS RESIDING AT NO.11445 ANDRSAN LAKES PAWK

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218, EDEN PARIRE MINNESOTA 55344-4094 UNITED STATE OF AMERICA

40. PAVAN KUMAR M S

S/O M J SHESHA KUMAR AGED ABOUT 30 YEARS RESIDING AT NO.15-50

PADMAVATHINAGAR M R PALLI TIRUPATI - 571 502

41. LAKSHMI KANTHA C H

W/O C L HARISH BHAGAWAN AGED ABOUT 55 YEARS RESIDING AT NO.997 STONE PALACE, HOSAKERAHALLI

MAIN ROAD, BANASHANKARI 3RD STAGE BANGALORE 560085

42. GOVINDARAJ

S/O VENKATASUBBA RAO AGED ABOUT 57 YEARS RESIDING AT NO.10/35 CHOWDAIAH ROAD GAYATHRIDEVI EXTN

BANGALORE 560 003

43. VENKATESH BABU M J

S/O JAYARAM AGED ABOUT 54 YEARS RESIDING AT NO.10-41 M R PALLI NEW MARUTHI NAGAR TIRUPATHI - 517 502

44. SULAKSHANA D R W/O D V RAGHAVENDRA

AGED ABOUT 32 YEARS

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RESIDING AT NO.2308 21ST CROSS, K R ROAD SK 2ND STAGE BANGALORE-560070

45. LAKSHMI M S W/O J SHESHAKAR

AGED ABOUT 59 YEARS RESIDING AT NO.1-50 PADMAVATHINAGAR M R PALLI TIRUPATHI-517502

46. RAJEEV S TALLAM

S/O T S INDU MANI AGED ABOUT 32 YEARS

RESIDING AT NO.11 S S TEMPLE STREET V V PURAM BANGALORE-560004

47. VAISHNAVI M N

S/O M K NATARAJ AGED ABOUT 32 YEARS RESIDING AT NO.LIG-B-294

DR A S RAO NAGAR, ECIL POST HYDERABAD-560062

48. SUPRIYA ASHOK TALLAM

D/O B R ASHOK AGED ABOUT 29 YEARS RESIDING AT NO.594 "SUPRIYA", 11TH CROSS

SADASHIVANAGAR BANGALORE-560080

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49. CHANDRASHEKAR K K

S/O K N KRISHNA SWAMY AGED ABOUT 57 YEARS RESIDING AT NO.114

BASAVANAHALLI MAIN ROAD WEST LANE, CHIKKMAGALUR-577101

50. HARISH M

S/O M NARAYANASHETTY AGED ABOUT 52 YEARS RESIDING AT NO.233 32ND A CROSS, 7TH BLOCK

JAYANAGAR BANGALORE-560082

51. RANGANATHAN B S

S/O RANGANATHA AGED ABOUT 61 YEARS RESIDING AT NO.153 BEHIND URDU SCHOOL ROAD VIJAAPURA

CHIKKAMANGALORE

52. RAMAMURTY K

S/O NANJAIAH SHETTY AGED ABOUT 61 YEARS RESIDING AT NO. 114/3 2ND FLOOR, BALAJI ROAD T R NAGAR BANGALORE-560028

53. HARINATH P M S/O P M MUNISWAMY SETTY

AGED ABOUT 62 YEARS RESIDING AT NO. 1107-1 10TH MAIN ROAD RPC LAYOUT,

13

VIJAYANAGAR BANGALORE-560040

54. HARISH BHAGWAN C L

S/O LAKSHMINARAYANA SETTY AGED ABOUT 64 YAERS RESIDING AT NO.997

STONE PALANCE HOSAKEREHALLI MAIN ROAD BANASHANKARI 3RD STAGE BANGALORE-560085

55. HARISH S S

S/O SRINVIASA SETTY AGED ABOUT 51 YEARS RESIDING AT UNIT-2

GURUKRUPA SHERIFF STREET CHICKMAGALUR-577101

56. JYOTHI KISHORE M

W/O M J KISHORE AGED ABOUT 41 YEARS RESIDING AT NO.1549 1ST FLOOR, 7TH MAIN ROAD 11TH CROSS, 2ND STAGE

BTM LAYOUT BANGALORE-560076

57. ANASUYAMMA V T

S/O KALASA RAMAKRISHNAPPA AGED ABOUT 82 YEARS RESIDING AT NO.594 11TH CROSS, 5TH MAIN SADASHIVANAGAR

BANGALORE-560080

58. JAGANNATHA B T

S/O G B THIRUMALAPPA

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AGED ABOUT 52 YEARS RESIDING AT NO. 519 MANJUNATHA ROAD 2ND BLOCK, T R NAGAR

BANGALORE-560028

59. SRIDEVI JAYARAM

D/O YOGANANDA AGED ABOUT 52 YEARS RESIDING AT NO.171 3RD MAIN ROAD 44TH CROSS, 8TH BLOCK BANGALORE-560082

60. PREETI S MAKAM D/O SURESH BABU M K AGED ABOUT 31 YEARS RESIDING AT NO.1203 AJMERA GREEN ACRES KALENA AGRAHARA

BANNERGHATTA ROAD BANGALORE-560078

61. MAGHA P SAGAR

D/O PRABHAKAR S AGED ABOUT 30 YEARS RESIDING AT NO.1698 17TH A MAIN ROAD J P NAGAR 2ND PHASE

BANGALORE-560078

62. JAYARAM T A

S/O ADINARAYAN SETTY AGED ABOUT 55 YEARS RESIDING AT NO.171 3RD MAIN, 44TH CROSS 8TH BLOCK, JAYANAGAR BANGALORE-560082

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63. SRINIVAS D S

S/O D SATYANARAYANA AGED ABOUT 49 YEARS RESIDING AT NO.171/17

36TH A CROSS 7TH BLOCK, JAYANAGAR BANGALORE-560070

64. SRIDHAR K Y

S/O K R YOGANANDA AGED ABOUT 49 YEARS RESIDING AT NO.2611 8TH MAIN, 17TH A CROS

BANASHAKARI 2ND STAGE BANGALORE-560070

65. PRASANNA KUMAR D A

S/O LATE D R ASHWATHNARAYANA SETTY AGED ABOUT 72 YEARS RESIDING AT NO. 533-A 9TH CROSS, 7TH BLOCK JAYANAGAR

BANGALORE-560082

66. SANDYARANI S

D/O S M SAGAN AGED ABOUT 59 YEARS RESIDING AT NO.1730 1ST FLOOR, 18TH MAIN ROAD 2ND PHASE, J P NAGAR BANGALORE-560078

67. VENKATACHALAPATHY GUPTA K S S/O GUPTA

AGED ABOUT 66 YEARS RESIDING AT NO.10 6TH TEMPLE STREET

16

15TH CROS, MALLESHWARAM BANGALORE-560003

68. REVATHI ARUN KUMAR

W/O ARUN KUMAR AGED ABOUT 55 YEARS RESIDING AT NO.EWS 302

NEAR BANK OF INDIA 1ST STAGE, KUVEMPU NAGAR MYSORE-570023

69. JAYARAM M

S/O ACHYYA SHETTY AGED ABOUT 89 YEARS RESIDING AT NO.103 PRASHANTHI NAGAR

KADHI COLONY TIRUPATHI-571501

70. BALAKRISHNA SETTY M S

S/O MANADI SRINIVASA SETTY AGED ABOUT 69 YEARS RESIDING AT NO.60/16 2ND MAIN, 4TH CROSS GAVIPURAM EXTENSION

HANUMANTHANAGAR BANGALORE-560019

71. RAJENDRA PRASAD K Y

S/O K R YOGANANDA AGED ABOUT 54 YEARS RESIDING AT NO.332/108 23RD CROSS, 6TH BLOCK JAYANAGAR

BANGALORE-560082

72. HARISH M S

S/O MANADI SRINIVASA SETTY

17

AGED ABOUT 51 YEARS RSIDING AT NO. 19 4TH MAIN ROAD CHAMARAJPET

BANGALORE-560018

73. RAVI KUMAR R

S/O KUMAR AGED ABOUT 50 YEARS RESIDING AT NO.261/A 7TH MAIN, 17TH CROSS SADASHIVANAGAR BANGALORE-560080

74. BHARGHAVI K S D/O NARASIMULU

AEGD ABOUT 43 YEARS RESIDING AT NO.332/108/2 2ND MAIN ROAD 23RD CROSS, JAYANAGAR 6TH BLOCK BANGALORE-560082

75. NIRMALA D R W/O D S RAMACHANDRA GUPTA

AGED ABOUT 66 YAERS RESIDING AT NO.611/25 10TH CROSS, 7TH BLOCK JAYANAGAR WEST BANGALORE-560082

76. SANDYA K R

W/O RAJENDRA PRASAD AGED ABOUT 52 YEARS

RESIDING AT GOKUL INGRANES NO.20, MAGADI ROAD 5TH CROSS, BANGALORE CITY

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77. SRIRAMULU D N

S/O N DEVATHA AGED ABOUT 87 YEARS RESIDING AT NO.2747

17TH A CROSS 6TH MAIN, BSK 2ND STAGE BANGALORE-560070

78. RAMACHANDRA GUPTA D A

S/O P R ASHWATHANARAYANA AGED ABOUT 70 YEARS RESIDING AT NO.202 33RD CROSS, 7TH BLOCK

JAYANAGAR BANGALORE-560082

79. SRINIVAS D S

S/O DEVATHA SRIRAMULU AGED ABOUT 53 YEARS RESIDING AT NO.2747 17TH A CROSS, 6TH MAIN BSK 2ND STAGE

BANGALORE-560070

80. CHETHAN B P

S/O CHOOPALAMPRAKASH AGED ABOUT 42 YEARS RESIDING AT NO.21 9TH A MAIN, 5TH BLOCKL JAYANAGAR BANGALORE-560011

81. NATARAJ M K AGED ABOUT 57 YEARS, S/O MYSORE KONDANDARAM, RESIDING AT CHOKKANNA STREET, CHICKMAGALUR 577101

19

82. NEERAJ H SO HARINATH P.M. AGED ABOUT 38 YEARS, RESIDING AT NO.1107,

10TH MAIN ROAD, 4TH CROSS, R.P.C. LAYOUT, VIJAYA NAGAR, BANGALORE 560040

83. SHOBHA T V

DO RANGAHALLI SHIVARAMAPPA, AGED ABOUT 59 FYEARS, RESIDING AT NO. 3003, 17TH CROSS, 2ND MAIN, BSK 2ND STAGE, BANGALORE 560070

84. VIKRAM R AGED ABOUT 31 YEARS, S/O M.S. RAVI, RESIDING AT NO.22-D-1, HULIMAVU, BEGUR ROAD, BANNERGHATTA ROAD,

BANGALORE 560076

85. ASHOK V.T AGED ABOUT 59 YEARS, S/O TALLAM VENKATACHALAPATHI, RESIDING AT NO. 594,

"SUPRIYA", 5TH MAIN ROAD, 11TH CROSS, SADASHIVANAGAR, BANGALORE 560080

86. PARTHASARATHI T.K.R S/O K. RAMACHANDRA,

AGED ABOUT 74 YEARS, RESIDIGN AT NO.245, 12TH CROSS, 27TH MAIN, HSR LAYOUT, 2ND SECTOR, BANGALORE 560034

20

87. SUDHA ASHOK W/O V.T ASHOK, AGED ABOUT 53 YEARS, RESIDING AT NO. 25,

5TH CROSS, MALLESHWARAM CIRCLE, BANGALORE 560003

88. BASAVARAJAPPA S/O. RAJAPPA, AGED ABOUT 66 YEARS,

RESIDING AT NO.49, HOSAMANE BADAWANE, CHIKKAMANGALORE 577101

89. SUBHASHINI N.S AGED ABOUT 65 YEARS,

W/O N.B. SURYANARAYANA, RESIDING AT NO. 266, MIDDLE SCHOOL ROAD, V.V. PURAM, BANALORE 560004

90. RATHNA PRAKASH M

AGED ABOUT 60 YEARS, W/O M.K. JAYAPRAKASH,

RESIDING AT NO. 556, 20TH MAIN 4TH "T" BLOCK, JAYANAGAR, BANGALORE 560041

91. RAGHAVENDRA D.S AGED ABOUT 33 FYEARS, S/O D.A. VASUDEVA MURTHY,

RESIDING AT NO.2308, 21ST CROSS, BSK 2ND STAGE, K.R. ROAD, BANGALORE 560070

92. KISHORE M.J

AGED ABOUT 42 YFEARS,

21

S/O MAKKAN JAYAPRAKASH, RESIDING AT NO.1549, 11TH CROSS, 7TH MAIN, 2ND STREET, BTM LAYOUT,

BANGALORE 560076

93. PRABHAKAR S S/O S.M. SAGAR, AGED ABOUT 61 YEARS, RESIDINGA T NO.1698,

17TH "A" MAIN, 7TH CROSS, J.P NAGAR, 2ND PHASE, BANGALORE 560078

94. PADMAKAR B.G

AGED ABOUT 78 YEARS, S/O BOODAGATTA G SETTY, RESIDING AT NO.3, 4TH CROSS,JAYANAGAR,

BANGALORE 560082

95. SRIDHARA N K AGED ABOUT 66 YEARS, S/O N. KUMAR, RESIDING NO. 28, "KAVYASHREE" 5TH MAIN,

SHANKARANAGAR, TEACHERS COLONY, MAHALAKSHMI LAYOUT, BANGALORE 560089

96. RAMAN B A

AGED ABOUT 55 YEARS, S/O B.R. MAMATHA, RESIDING AT NO. 29/1, KEDAR AGARBHATHI COMPANY, KALASAIPALYAM EXTN. BANGALORE 560002

22

97. LAKSHMI SRINIVAS N AGED ABOUT 33 YEARS, S/O SRINIVAS, RESIDING AT NO. 266,

MIDDLE SCHOOL ROAD, V.V. PURAM, BANGALORE 560004

98. SREENIVASULU K.V

S/O K R VENKATARATHNAM, AGED ABOUT 61 YEARS, RESIDING AT NO. 310-A 11TH MAIN ROAD, BANASHANKARI 1ST STAGE, 2ND BLOCK,

HANUMANTHAM NAGAR, BANGALORE 560050

99. MAMATHA RAMAN AGED ABOUT 52 YEARS, W/O RAMAN B A RESIDING AT NO. 493F,

8TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE 560011

100. RADHA RUKMINI MJ AGED ABOUT 79 YEARS, W/O M. JAYARAM,RESIDING AT

NO. 103, PRASHAHHI NAGAR, KADHI COLONY TIRUPATI-517 501.

101. ARUN KUMAR K V AGED ABOUT 47 YEARS, S/O VENKATACHALAPATHI,

RESIDING AT NO.30, SANJEEVINI 3RD MAIN, SAKAMMA GARDEN, BASAVANAGUDI, BANGALORE 560004

102. SRINIVASAN M

AGED ABOUT 61 YEARS,

23

S/O NARAYAN SETTY, RESIDING AT NO.31, J.C. ROAD, BANGALORE 560002

103. SELVI SRINIVAS

AGED ABOUT 57 YEARS, W/O K.V. SRINIVAS,

RESIDING AT NO. 310/A, 11TH MAIN, 50 FEET ROAD, HANUMANTHANAGAR, BANGALORE 560050

104. SREEDHAR S.R AGED ABOUT 60 YEARS,

S/O RAMACHANDRA RAO, RESIDIGN AT NO.130, SUMUKHA, RESIDENCY FLAT NO.202, DWARAKANAGAR UTTARAHALLI, KENGERI MAIN ROAD, CHANNASANDRA,

BANGALORE 560061

105. EASWERNATH P.S

AGED ABOUT 57 YEARS, S/O DR. P.R. SATYANARAYANA SETTY, RESIDING AT NO. 372,

23TH MAIN, BTM LAYOUT, 2ND STAGE,

1ST PHASE, BANGALORE 560075

106. SESHAKUMAR M.J AGED ABOUT 63 YEARS, S/O M. JAYARAM,

RESIDING AT NOD.15-50, PADMAVATHI NAGAR, M.R PALLI, TIRUPATI 517502

107. SAGAR M.S

S/O M J SHESHAKUMAR,

24

AGED ABOUT 27 YEARS, RESIDING AT NO.15-50, PADMAVATHI NAGAR, M.R. PALLI,

TIRUPATI 517502

108. VASHIST C.H AGED ABOUT 30 YEARS, S/O C.L HARISH BHAGWAN, RESIDING AT NO.997,

STONE PALACE HOSAKEREHALLI MAIN ROAD, BSK III STAGE, BANGALORE 560085

109. SMT. JAYALAKSHMI RAVI

AGED ABOUT 51 YEARS, W/O M.S RAVI, RESIDING AT NO. 383/21, HULIMAVU, BHANNERGHATTA ROAD,

BANGALORE 560076

110. SRI SACHIDANANDA C MATT AGED ABOUT 58 YEARS, S/O VEERABHADRA RAJ, RESIDING AT NO. 395, 13TH CROSS, SADASHIVANAGAR,

BANGALORE 560080

111. ALOK RAMAN S/O B.A RAMAN, AGED ABOUT 30 YEARS, RESIDIGNA T NO. 493 F,

8TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE 560011

112. VIJAYALAKSHMI M S

AGED ABOUT 47 YEARS, W/O MAKKAM SRINIVAS,

25

RESIDING AT NO.44/1, MAGADI ROAD, BANGALORE 560023

113. PURUSHOTHAMA S AGED ABOUT 59 YEARS,

S/O S.B. SUBBA RAO, RESIDING AT NO. 421, SRI RAGHAVENDRA TEMPLE ROAD, BASAVANAHALLI, CHIKKAMAGALORE

114. AMARNAG M.C AGED ABOUT 36 YEARS, S/O. CHANDRA MOHAN M.G. RESIDING AT NO. 444, 1ST BLOCK, JAYANAGAR, BANGALORE 560011

115. MUNIRATHNA C S/O CHANGALARAYA NAIDU,

AGED ABOUT 72 YEARS, RESIDING AT NO.33/3,

UPSTAIRS 5TH TEMPLE, MALLESHWARAM, BANGALORE 560003

116. SMT. PRATHIBA D.S AGED ABOUT 52 YEARS, W/O DEVATHA SRINIVAS, RESIDING AT NO. 2747, 6TH MAIN, BANASHANKARI, 2ND STAGE, BANGALORE 560026

117. SRI KRISHNA MURTHY M.R

AGED ABOUT 91 YEARS, S/O MAKKAM RAMAIAH, RESIDING AT NO. 457, 18TH MAIN, 4TH "T" BLOCK, JAYANAGAR,

BANGALORE 560041

26

118. SRI SANDEEP S R

AGED ABOUT 42 YEARS, S/O RAMANNA S.N.

RESIDING AT NO. VASUPRADHA MEDICALS, DR. AMBEDKAR ROAD, CHICKMAGALUR 577101

119. SRI ANANTHA PRASAD B S

AGED ABOUT 59 YEARS, S/O S. PRASAD, RESIDING AT NO. 47/1, MODEL HOUSE, 3RD STREET,BASAVANAGUDI,

BANGALORE 560004

120. SMT. LALITHA B P AGED ABOUT 67 YEARS, D/O A.N. KANCHI, RESIDINGA T NO.48, 10TH CROSS, 1ST MAIN,

1ST BLOCK, JAYANAGAR, BANGALORE 560011

121. SMT. RADHA B.R AGED ABOUT 58 YEARS, W/O BHUPALAM RAMESH,

RESIDING AT NO.31, 3RD MAIN, SAKAMMA GARDEN, SAKAMMA GARDEN BASAVANAGUDI, BANGALORE 560004

122. SMT. SUMITHRAMMA M,K

AGED ABOUT 83 YEARS, W/O MAKKAM KRISHNAMURTHY, RESIDING AT NO.516, 20TH MAIN, 4TH "T" BLOCK,D JAYANAGAR, BANGALORE 560041

123. SRI ANAND DEVATHA

S/O D. KRISHNASHETTY,

27

RESIDING AT NO. 536, KOLLA COMPLEX, AVENUE ROAD, BANGALORE 560002

124. J R GEETHA

AGED ABOUT 44 YEARS, W/O K. SURESHA, RESIDING AT NO. 886, "DHANYATHA" 515 COLONY, NEW THIPPASANDRA, HAL 3RD STAGE,

BANGALORE 560075

125. H P KANTHARAJ S/O PUTTALINGAIAH, AGED ABOUT 54 YEARS, RESIDING AT NO. HOOKUNDA VILLAGE,

UYAMBALL HOBLI, KANAKAPURA TALUK, RAMNAGAR DISTRICT

126. HANUMANTHA

S/O.KEMPEGOWDA, AGED ABOUT 38 YEARS, RESIDING AT NO.870, 9TH MAIN, 4TH STAGE, BEML LAYOUT,

RAJARAJESHWARI NAGAR, BANGALORE-560098.

127. NAGARAJUN Y G

S/O.R.GOVINDARAJULU, AGED BOUT 30 YEARS, RESIDIG T NO.594, 2ND MAIN, 2ND PHASE, 7TH BLOCK, BSK 3RD STAGE,

BANGALORE-560085.

128. TALLAM V N

S/O.V.N.SHETTY,

28

AGED ABOUT 85 YEARS, RESIDING AT NO.594, 11TH CROSS, 5TH MAIN, SADASHIVANAGAR,

BANGALORE-560080

129. JAYASHREE T K

W/O.T.A.KRISHNA KUMAR, AGED ABOUT 52 YEARS, RESIDIGN AT "PUSHPA"NO.269/35, 10TH MIAN, 2ND BLOCK, JAYANAGAR, BANGALORE-560011.

130. SRINATH K S/O.K.N.SHETTY,

AGED ABOUT 57 YEARS, RESIDING T NO.60, 10TH MAIN, BINNY LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE-560040

131. SHRUTHI RATHAN

W/O.RATHAN K.H., AGED ABOUT 34 YEARS,

RESIDING AT NO.61/3, RESERVOIR STREET, BASVANAGUDI, BANGALORE-560004.

132. JANARDHAN GUPTA M S

S/O.MANNANDI SRINIVASA SHETTY, AGED ABOUT 59 YEARS, RESIDING AT NO.19,

4TH MAIN, ROAD, CHAMARAJPET, BANGALORE-560053.

29

133. BHOOPALAM VEENA CHETHAN

W/O.B.P.CHETAN, AGED ABOUT 41 YEARS, RESIDING AT NO.39,

38TH "A" CROSS, 2ND MAIN, 8TH BLOCK, JAYANAGAR, BANGALORE-560082.

134. JAYANTH R BHOOPALAM

S/O B.P.RAMESH, AGED ABOUT 30 YEARS, RESIDING AT NO.31,

3RD MAIN, SAKAMMA GARDEN, BASAVANAGUDI, BANGALORE-560004.

135. DR HARI PRAKASH K V

S/O KORAPATI VENKATRATHNAM, AGED ABOUT 71 YEARS, RESIDING AT NO.64, "ANJALI PRIYA",

MODEL HOUSE STREET, BASAVANAGUDI, BANGALORE-560004.

136. KAVITHA HARISH

W/O.M.HARISH, AGED ABOUT 45 YEARS, RESIDING AT NO.233, 32ND "A" CROSS,

7TH BLOCK, JAYANAGAR, BANGALORE-560082.

137. UMA D V

W/O.D.VASUNDHARA MURTHY, AGED ABOUT 63 YEARS, RESIDING AT NO.2308,

30

21ST CROSS, BSK 2ND STAGE, BANGALORE-560070.

138. PRASANNA KUMAR M L

S/O.M.VENKATASUBBAIAH, AGED ABOUT 50 YEARS, RESIDING AT NO.7,

4TH "A" MAIN, BEHIND SRINIVASA KALYANA MANTAPA, ANJANEYANAGAR, BSK 3RD STAGE, BANGALORE-560085.

139. SRINATH S S

S/O.SRINIVASA SETTY S.R AGED ABOUT 48 EYARS, RESIDING T SVR & SONS,

M.G.ROAD, CHICKMAGALUR-577101.

140. SULOCHANA K V

W/O.VENKATESHWARA RAO, AGED ABOUT 55 YEARS, RESIDIGN AT NO.712, 15TH CROSS, 9TH MAIN, 2ND STAGE, KUMARASWAMY LAYOUT,

BANGALORE-560078.

141. VENKTESHWARA RAO K

D/O.R.RAO, AGED ABOUT 69 YEARS, RESIDING AT NO.713, 24TH CROSS, 1ST STGE, KUMARASWAMY LAYOUT, BANGALORE-560078.

142. AMARNATH M J S/O.M.JAYARAM,

AGED ABOUT 53 YEARS,

31

RESIDING AT NO.30/3, MOUNT JOY ROAD, HANUMANTHANAGAR, BANGALORE-560019.

143. SURAJ H S/O.HARINATH P.,

AGED ABOUT 36 YEARS, RESIDING AT NO.1107, 10TH MAIN, 4TH CROSS, R.P.C.LAYOUT, VIJAYANAGAR, 2ND STAGE, BANGALORE-560040.

144. SINDIA S R S/O.SHAYAM, R.RAMACHANDRA,

AGED ABOUT 61 EYARS, RESIDING T NO.86, PRAMILA BAI NIVAS, DIAGONAL ROAD, V.V.PURAM, BANGALORE-560004.

145. ANURADHA B S W/O.BHOOPALAM SRINIVAS,

AGED ABOUT 51 YEARS, RESIDING AT NO.138, SURVEGFOR STRET, BASAVANAGUDI, BANGALORE-560004.

146. ANNAPURNA K S

W/O K.SRINATH, AGED ABOUT 45 YEARS,

RESIDING AT NO.60, 10TH MAIN ROAD, 2ND STAGE, BINNYPET, BANGALORE-560040.

32

147. RAMACHANDRA K L

S/O.KLAKSHMIRAM, AGED ABOUT 54 YEARS, RESIDING AT NO.37,

"B" CROSS, EAST LINK ROAD, MALLESHWARAM, BANGALORE-560003.

148. CHANNAKESHAVA K S

S/O.SHIVASWAMY, AGED ABOUT 55 YEARS, RESIDING AT NO.167, RATHNAGIRI KELABAGA KEMPANAHALLI,

CHIKKAMANGALORE-577101.

149. NARAYANA

S/O.PUTTASWAMY, AGED ABOUT 46 YEARS, RESIDING AT DODDAHALALLI VILLAGE, UYAMBALLI HOBLI, KANAKAPURA TALUK, RAMNAGARA DISTRICT.

150. SHIVARAM S/O.KEMPEGOWDA,

AGED ABOUT 51 YEARS, RESIDING AT DODDAHALALLI VILLAGE, UYAMBALLI TALUK, KANAKAPURA TALUK, RAMNAGARA DISTRICT.

151. SATYA B R

S/O.B.V.RAVIPRAKASH, AGED ABOUT 51 YEARS,

RESIDING AT NO.1-B, SRI RANGA ISHWARYA, 5/22, PAMP MAHAKAVI ROAD,

33

SHANDARAPURAM, BANGALORE-560004.

152. PREMA M K

W/O.M.J KODANDARAMA, AGED ABOUT 72 YEARS, RESIDING AT NO.CHOOKANNA STREET,

CHICKMAGALUR-577101.

153. SATYANARAYANA

S/O.THIMMAIAH, AGED ABOUT 38 YEARS, RESIDING AT NO.743, 9TH CROSS, 5TH MAIN, M.C.LAYOUT, VIJAYANAGAR,

BANGALORE-560040.

154. RAJKUMAR SINGH

S/O.LATE I.RAJARAM SINGH, AGED ABOUT 61 YEARS, RESIDING AT NO.3/1, 2ND MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BANGALORE-560010.

155. BHOOPALAM PRAKASH S/O.B.R.PUTTANANJAPPA,

AGED ABOUT 68 YEARS, RESIDING AT NO.39, 38TH "A" CROSS, 2ND MAIN ROAD, 8TH BLOCK, JAYANAGAR, BANGALORE-560082.

156. DR RANGANATH

S/O.H.R.DODDAIAH, AGED ABOUT 42 YEARS,

RESIDING AT NO.1072,

34

11TH MAIN, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BANGALORE-560086.

157. M PARAMESH S/O.MUNILINGAIAH GOWDA,

AGED ABOUT 52 YEARS, RESIDING AT NO.1/21(G-02), "GANGAN DEEP" HANUMANTHANAPPA LAYOUT, BANGALORE-560042.

158. SURESH BABU M K

S/O.MAKAM KRISHNAMURTHY, AGED ABOUT 62 YEARS,

RESIDING AT NO.457, 18TH MAIN, 4TH "T" BLOCK, JAYANAGAR, BANGALORE-560041.

159. VENKATSH D R

S/O.DONTHI RAMACHANDRA GUPTA, AGED ABOUT 39 YEARS, RESIDING AT RAMKUMAR ENTERPRISES,

NO.643, 2ND CROSS, 2ND BLOCK, BDA LAND, APMC NEW YARD, YESHWANTHPURA, BANGALORE-56Y0022.

160. SWAROOP M N

S/O.MYSORE NAGA, AGED ABOUT 36 YEARS,

RESIDING AT NO.173, 14TH CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE-560082,

35

161. JAYAPRAKASH M K

S/O.M K KRISHNA MURTHY, RESIDING T NO.556, 20TH MAIN, 4TH "T" BLOCK,

JAYANAGAR, BANGALORE-560041

162. PRASAD REDDY

S/O.LATE G SHEREENIVASA REDDY, AGED ABOUT 53 YEARS, RESIDING AT NO.659, 5TH CROSS, 3RD BLOCK, KORAMANGALA,

BANGALORE-560034.

163. P VISHWAS

S/O.SRI G.PRASAD REDDYL, AGED ABOUT 27 YEARS, RESIDING AT NO.C-5, CORPORATION NO.5-5, 2ND BLOCK, KORAMANGALA LAYOUT,

BANGALORE-560034.

164. SRIDHARAN SRINIVASAN

S/O.LATE A.K.SRINIVASAN, AGED ABOUT 41 YEARS, RESIDINT AT NO.405, SANGEETHA APARTMENT, 5TH CROSS, MALLESHWARAM, BANGALORE-560003.

165. S RAMANA PRASAD REDDY S/O .LATE G.SRINIVASA REDDY,

AGED ABOUT 53 YEARS, RESIDING AT NO.153, 19TH MAIN, 6TH BLOCK,

36

KORAMANGALA, BANGALORE-560095.

166. KISHORE KUMAR

S/O.SHRI.SATYANARAYANA, AGED ABOUT 47 YEARS, RESIDING AT NO.56,

BETWEEN 4TH AND 5TH, TEMPLE STREET, 15TH CROSS ROAD, MALLESHWARAM, BANGALORE-560003.

167. C RAMESH KUMAR

S/O.SHRI.M.CHIKKAPAIAH, AGED ABOUT 44 YEARS, RESIDING T NO.587,

1ST CROSS ROAD, 3RD BLOCK, KORAMANGALA, BANGALORE-560034.

168. K VIJAYA KUMAR

S/O.SHRI.G.KRISHNA REDDY, AGED ABOUT 40 YEAR,S RESIDING AT NO.147, 3RD CROSS, 6TH BLOCK,

KORAMANGALA, BANGALORE-560095.

169. KUSUMA REDDY

D/O.LATE S.M.RANGA REDDY, AGED ABOUT 43 YEARS, RESIDING AT NO.230, 18TH MAIN, 6TH BLOCK, KORAMANGALA, BANGALORE-P560034.

170. ANUPAMA R REDDY W/O.S.RAMANA PRASAD REDDY,

AGED ABOUT 41 YEARS,

37

RESIDING AT NO.153, 19TH MAIN, BANGALORE-560034.

171. B N NAGARAJ

S/O.SHRI B.R.NANJUNDAIAH, AGEDA BOUT 38 YEDARS,

RESIDING AT NO.64, 1ST MAIN, 1ST CROSS, MARASPPA LAYOUT, R.R.NAGAR, BANGALORE-5600989.

172. U B SHETTY

S/O.SHRI.N.MADIAH SHETTY, AGED ABOUT 50 YEARS,

RESIDING AT NO.54, "NALANDA", PALACE GARDEN APARTMENT, PALACE CROSS RAOD, BANGALORE-560001

173. JEEVITHA K

W/O.SHRI.K.P MOHAN KUMAR, AGED ABOUT 23 YEARS, RESIDING AT NO.153,

19TH MAIN, 6TH BLOCK, KORAMANGALA, BANGALORE-560095.

174. CHINNARAJ S/O.SHRI SANDHYAGAPPA, AGED ABOUT 43 YEARS,

RESIDING AT NO.6, "ARKAVATHY ROAD, 3RD CROSS, "C" ROAD, IDEAL HOMES TOWNSHIP, 2ND STAGE, RAJA RAJESHWARI NAGAR, BANGALORE-560098.

38

175. M A SOMASHEKAR

S/O.SHRI.ANKEGOWDA, AGED ABOUT 49 YEARS, RESIDING AT NO.326,

10TH "A" MAIN ROAD, MANJUNATHANAGAR, BANGALORE-560010.

176. SIDDESH S M

S/O.SHRI BOGESHA S.M AGED ABOUT 57 YUEARS, RESIDING AT NO.23/3, MAIN ROAD, SHANTHINIKETHAN SCHOOL

ROAD, BINNIPET, BANGALORE-560040.

177. MANJULA CHANDRANNA

W/O.SHRI PRAMOD K.J. AGED ABOUT 34 YEARS, RESIDING AT NO.16/32, SRI SAI VENKATA NILAYA,

16TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT, BANGALORE-560096.

178. UMESH H S

S/DO.SHRI SOMARAJE GOWDA, AGED ABOUT 54 YEARS, RESIDING AT NO.83, 2ND FLOOR, TALA ILK FARM,

6TH "A" MAIN ROAD, BASAVANAGUDI, BANGALORE-560004.

179. K M LAKSHMI

S/O.SHRI.G.PRASAD REDDY, AGED ABOUT 48 YEARS,

39

RESIDING AT NO.659, 5TH CROSS, 3RD BLOCK, KORAMANGALA, BANGALORE-560034.

180. G V SHIVARAM

S/O.SHRI.G.S VENKATESH, AGED ABOUT 44 YEARS,

RESIDING AT NO.180, "GEETHA GOVINDA", 7TH CROSS, AGB LAYOTU, NANDINI LAYOUT, BANGALORE-560096.

181. R MADAN MOHAN REDDY

S/O.SHRI.K.V.RANGANATHAN REDDY, AGED ABOUT 47 YEARS,

RESIDING AT NO.105, K.H.B. COLONY, KORAMANGALA, BANGALORE-560095.

182. SUNDARESH G

S/O.LATE GURUAPPA, AGED ABOUT 47 YEARS, RESIDING AT NO.380/B,

7TH CROSS, KALYANAGARA, NAGARABHAVI, 1ST STAGE, II BLOCK, BANGALORE-560072.

183. SHASHIRAJ SHETTY

S/O SHRI.T.SHIVARAM SHETTY, AGED ABOUT 44 YEARS, RESIDING AT NO.B-904,

ADARSH RHYTHM, 3RD MAIN PANDURANGA NAGAR, OFF, BANEERGHATTA ROAD, BANGALORE-560076.

40

184. G S V REDDY

S/O.LATE.G.GULLA REDDY, AGED ABOUT 51 YEARS, RESIDIGN AT NO.85,

3RD SECTOR, HSR LAYOUT, BANGALORE-560102.

185. NEELIMA REDDY

S/O.SHRI SUDHAKAR RAO DUGHYALA, AGED ABOUT 36 YEARS, RESIDING AT NO.401 W BROADWAY, PORT JEFFERSON, NY11777

186. SMT C V RAJAMMA W/O.LATE.C.K.VENKATACHALAIAH,

AGED ABOUT 75 YEARS, RESIDING AT NO.15/1, RAMA IYENGAR ROAD, V.V.PURAM, BANGALORE-560004. .. RESPONDENTS

(BY SRI. S AJESH KUMAR FOR R1;

NOTICE TO R-2 TO R-186 ARE DISPENSED WITH) THIS APPEAL IS FILED UNDER ORDER 43 RULE

1(R) CPC AGAINST THE ORDER DATED 20.06.2013

PASSED ON I.A.NO.2 IN O.S.NO.4329/2013 ON THE

FILE OF THE 27TH ADDL.CITY CIVIL JUDGE,

BANGALORE ISSUING NOTICE ON I.A.NO.2 FILED

UNDER ORDER 39 RULE 1 & 2 CPC.

THIS APPEAL COMING FOR ORDERS THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

41

J U D G M E N T

First defendant is in appeal challenging ad-interim

exparte order of injunction granted on I.A. Nos.1, 2, 4 to

6 in O.S No. 4329/2013 on 20-06-2013 whereunder

trial Court has directed both the parties to maintain

status quo with respect to suit schedule property till

further orders.

2. I have heard arguments of Sri Udaya Holla,

learned Senior Counsel appearing on behalf of Sri

Shashikiran Shetty for first defendant appellant and Sri

Ajesh Kumar learned Advocate appearing for

respondent-1-plaintiff. Notice to respondents-2 to 186

has been dispensed with by order dated 7.11.2013.

3. By consent of learned advocates appearing

for both parties this appeal is taken up for final

disposal.

42

4. At the outset, Sri Ajesh Kumar, learned

Advocate appearing for respondent-1 has contended

that appeal is not maintainable against an exparte order

of temporary injunction. Hence, I would be dwelling

upon the issue of maintainability of this appeal at the

first instance.

5. Sri Udaya Holla, learned senior counsel

appearing for appellant would contend that when an

exparte order of temporary injunction is granted and

when defendant appears and files statement of

objections or files an application for vacating the same

by invoking Order 39 Rule 3 of CPC, it is incumbent

upon the trial court to dispose of said application within

30 days as otherwise, aggrieved party would have a

right of appeal and Order 43 Rule 1(r) of CPC can be

invoked even in such circumstances. In support of his

submission, he has relied upon decision of Hon’ble Apex

Court in the case of A VENKATASUBBAIAH NAIDU vs S

CHELLAPPAN & OTHERS reported in (2000) 7 SCC 695.

43

He would contend that order of status quo ought not to

have been granted since there is no prima facie case or

balance of convenience in favour of plaintiff and he also

submits that by virtue of granting such order

irreparable loss or injury that would be caused to the

defendant is much more than injury that would be

caused to the plaintiff if at all any.

6. Per contra, Sri Ajesh Kumar, would submit

that at the time of considering prayer for grant of ad-

interim exparte order of temporary injunction prayed for

by the plaintiff in I.A Nos. 2, 4 to 6, trial Court has

granted an order of status quo instead of granting

exparte ad-interim order of temporary injunction and

first defendant has already filed application for vacating

said order and as such appeal in question is not

maintainable. Hence, he prays for rejection of the

appeal.

44

7. It is also contended by him that both the

parties have already addressed arguments on all

pending applications and they have also filed written

arguments and when the matter was reserved for

orders, for the reasons best known, no orders came to

be pronounced and suddenly matter came to be

transferred to a different Court by the Principal District

Judge on administrative side in exercise of his powers

under Section 24 CPC and no fault can be laid at the

doors of the plaintiff for delay in disposing of pending

applications. On this ground also, he seeks for rejection

of the present appeal.

8. Having heard learned advocates appearing

for parties and on perusal of the order under challenge,

certified copies of the order sheet made available by the

respective learned advocates and pleadings referred to

in extenso as also case laws cited at the bar, I am of the

considered view that following two points would arise for

my consideration.

45

(1) Whether appeal in question is

maintainable or not?

(2) Whether order of the trial court dated

20-06-2013 is to be set aside, varied,

modified or vacated?

(3) What order?

RE : POINT NO. 1:

9. It is an undisputed fact that at the time of

presenting the plaint, plaintiffs have filed I.A.Nos.1 to

8/2013. In respect of I.As.2, 4 to 6 an order of

temporary injunction as prayed for therein was sought

for and exparte ad-interim order of temporary injunction

dispensing with notice to defendants was also sought

for in these applications. Trial Court, after considering

the pleadings and examining the contentions raised by

learned Advocate appearing for plaintiffs, has passed

the following order:

“Therefore, the applications at I.A.No.I is

allowed and plaintiff Company is permitted to file the suit against defendant No.5 by

dispensing the service of notice under Section 64(2) of the Bangalore Development Act. So also both the parties are directed to maintain

46

status quo with respect to the suit schedule property till further orders. Plaintiff Company is directed to comply Order 39 Rule 3 of CPC.

Issue notice of I.As.I to VIII and suit

summons to defendants 1 to 186 returnable on 8.7.2013.

Sd/-

XXVII Addl.City Civil Judge,

Bangalore”

10. Defendant No.1 appeared on 08.07.2013 and

filed objections to all the applications namely, I.As.2 to

8 and also application was filed under Order 7 Rule

11(d) seeking rejection of the plaint which interlocutory

application came to be numbered as I.A.No.9. Thus,

defendant No.1 had objected to for exparte interim order

of status quo being continued as can be evidenced from

statement of objections.

11. Mandate of Rule 3(A) of Order 39 CPC is to

dispose of an application for injunction within 30 days

when such an order has been passed by dispensing

with notice to the other side. If for any reason such an

47

order cannot be passed, it would be incumbent upon

trial Court to record its reasons for its inability to pass

such order.

12. Though in the instant case, it is not in

dispute that learned Advocates appearing for both

parties addressed arguments on day-to-day basis as can

be seen from the order sheet and matter came to be

listed for orders on I.As.2 to 12 on 27.08.2013, it was

not pronounced. Subsequently, matter was adjourned

to 31.08.2013. Order sheet would indicate that orders

were not ready on that day and learned Advocate has

filed vakalathnama on behalf of defendant No.124 and it

came to be adjourned to 06.09.2013 and again it was

adjourned to 16.09.2013. On 16.09.2013 matter was

adjourned to 30.09.2013 and on 30.09.2013 plaintiff

was directed to take fresh steps to unserved defendants

and it was adjourned to 19.10.2013. However, in the

meanwhile, by notification dated 05.10.2013 the

Principal District Judge, Bangalore transferred the said

48

suit from XXVII Addl.City Civil & Sessions Judge

(C.H.No.9) to XL Addl.City Civil Judge, Bangalore

(C.H.No.41) for disposal in accordance with law vide

notification No.ADM/1(A)-963/2013 dated 05.10.2013.

On account of exparte order of status quo granted on

20.06.2013 having not been vacated and in view of Rule

3(A) of Order 39 CPC not having been complied by trial

Court, first defendant has approached this Court by

filing an appeal by invoking Order 43 Rule 1(r) CPC

contending that application for injunction has not been

disposed of within 30 days and no reasons have been

assigned by the trial Court for postponement. Hon’ble

Apex Court in the case of A VENKATASUBBAIAH NAIDU

vs S CHELLAPPAN & OTHERS reported in (2000) 7 SCC

695 has examined the underlying principle of Rule 3A of

Order 39 CPC and it has been held that an aggrieved

party namely, against a person whom an order of

injunction is passed by trial Court and if it is acting

oppressive, he cannot be left in the lurch and he would

49

be entitled to file an appeal under Order 43 Rule 1(r)

CPC. Their Lordships have held:

“17. The Rule does not say that the period of the injunction order should be restricted by the Court to thirty days at the first instance, but the Court should pass final order on it within thirty days from the day on which the injunction was granted. Hence, the order does not ipso facto become illegal merely because it was not restricted to a period of thirty days or less.

18. Nonetheless, we have to consider the consequence, if any, on account of the Court failing to pass the final orders within thirty days as enjoined by Rule3-A.

19. The aforesaid Rule casts a three-pronged protection to the party against whom the ex parte injunction order was passed. First is the legal obligation that the Court shall make an endeavour to finally dispose of the application of injunction within the period of thirty days. Second is, the legal obligation that if for any valid reasons the Court could not finally dispose of the application within the aforesaid time the Court has to record the reasons thereof in writing.

20. What would happen if a Court does not do either of the courses? We have to bear in mind that in such a case the Court would have by-passed the three protective humps which the legislature has provided for the safety of the person against whom the order was passed without affording him an opportunity to have a say in the matter. First is that the Court is

50

obliged to give him notice before passing the order. It is only by way of a very exceptional contingency that the Court is empowered to by-pass the said protective measure. Second is the statutory obligation cast on the Court to pass final orders on the application within the period of thirty days. Here also it is only in very exceptional cases that the Court can by-pass such a rule in which cases the legislature mandates on the court to have adequate reasons for such bypassing and to record those reasons in writing. If that hump is also bypassed by the Court it is difficult to hold that the party affected by the order should necessarily be the sole sufferer.

21. It is the acknowledged position of law that no party can be forced to suffer for the inaction of the court or its omissions to act according to the procedure established by law. Under the normal circumstances the aggrieved party can prefer an appeal only against an order passed under Rules 1,2,2A, 4 or 10 of Order 39 of the Code in terms of Order 43 Rule 1 of the Code. He cannot approach the appellate or revisional court during the pendency of the application for grant or vacation of temporary injunction. In such circumstances the party who does not get justice due to the inaction of the court in following the mandate of law must have a remedy. So we are of the view that in a case where the mandate of Order 39 Rule 3A of the Code is flouted, the aggrieved party, shall be entitled to the right of appeal notwithstanding the pendency of the application for grant or vacation of a temporary injunction, against the order remaining in force. In such appeal, if preferred, the appellate court shall be

51

obliged to entertain the appeal and further to take note of the omission of the subordinate court in complying with the provisions of Rule 3A. In appropriate cases the appellate court, apart from granting or vacating or modifying the order of such injunction, may suggest suitable action against the erring judicial officer, including recommendation to take steps for making adverse entry in his ACRs. Failure to decide the application or vacate the ex-parte temporary injunction shall, for the purposes of the appeal, be deemed to be the final order passed on the application for temporary injunction, on the date of expiry of thirty days mentioned in the Rule.

In the said case, Hon’ble Apex Court was examining the

order passed by trial Court in exercise of jurisdiction

under Article 227 of Constitution of India namely,

supervisory jurisdiction and it did not interfere with the

order passed by the High Court in the facts of said case.

However, principles laid down therein would clearly

indicate that an aggrieved party namely, a person

against whom an order of injunction or injunctive relief

is passed cannot be held that he would have no right of

remedy of approaching the appellate Court. It has been

clearly held that when the mandate of Rule 3A of Order

52

39 CPC commends that Court which issues an

injunctive relief ought to pass an order within 30 days

on such application by going into merits of the case and

if not, record reasons for such extension, only then an

appeal can be held as not maintainable. As otherwise, it

would be well within the limits of appellate Court to

examine as to whether such an order is to be continued,

vacated, varied or modified. In that view of the matter, I

am of the considered view that point No.(1) is to be held

in the affirmative by concluding that present appeal is

maintainable.

RE: POINT NO.(2):

13. There is no dispute in the present case that

on appearance of first defendant before trial Court on

08.07.2013 not only objections to all the applications

namely, I.As.2 to 8 were filed along with written

statement but also an application under 7 Rule 11(d)

CPC was filed, to which plaintiff has also filed its

objections to the said application. It is also not in

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dispute that all these applications were taken together

for consideration up by the trial Court on day-to-day

basis and arguments were advanced by respective

learned Advocates. However, when the matter was listed

for orders as already noticed herein above, it did not

pronounce the orders and matter came to be adjourned

from time to time. Learned Prl.District Judge has

passed an order on 05.10.2013 withdrawing the said

suit from XXVII Addl.City Civil & Sessions Judge

(C.H.No.9) and transferred the same to XL Addl.City

Civil Judge, Bangalore (C.H.No.41). In other words, till

the date of reserving the matter for orders by C.H.No.9

on 27.08.2013, no fault can be found. Undisputedly,

orders were not pronounced on 31.08.2013 by trial

Court (C.H.No.9). Thereafter matter came to be

adjourned from time to time . Reason assigned by the

trial Court on 31.08.2013 for not pronouncing the order

is “not ready”. Hence, it was adjourned to 06.09.2013

and thereafter to 16.09.2013, 30.09.2013 to

19.10.2013. In the meanwhile, matter came to be

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transferred from C.H.No.9 to C.H.No.40 as already

observed herein above.

14. At the time of seeking exparte order of

temporary injunction, plaintiff has pressed its prayer

made in I.As.2, 4, 5 & 6 which is for grant of temporary

injunction and also exparte ad-interim order of

temporary injunction by dispensing with notice to

defendants. It is these four applications which came to

be examined, considered and order was passed by the

trial Court on 20.06.2013 directing the parties to

maintain status quo. In other words, order passed on

20.06.2013 directing the parties to maintain status quo

relates to I.A.Nos.2,4,5 & 6. In view of the fact that all

the suits are now transferred to C.H.No.41 and learned

Advocates are required to address their arguments

afresh, it would suffice if trial Court is directed to

consider these applications namely, IAs.2, 4 to 6 at the

first instance and dispose of them on merits and in

accordance with law expeditiously at any rate within

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three (3) weeks from the next date of appearance. Trial

Court is at liberty to pass orders after considering

arguments of learned Advocates on these applications

namely, I.As.2 and 4 to 6.

15. Hence, without expressing any view on merits

of rival contentions raised in this appeal, since this

Court is not passing any order on these applications

and also on account of undisputed fact that said

applications are yet to be disposed of by trial Court, said

direction is issued. Order of status quo which was

granted by the trial Court at the first instance on

20.06.2013 and which is in force as on date shall

remain in force for a period of three weeks from the date

of appearance of the parties namely, on 21.11.2013

which is agreed upon by the learned Advocates

appearing for parties as to be the date of hearing. They

also submit that though matter is listed for hearing on

27.11.2013, necessary application would be made by

them for advancing the case. Hence, placing their

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submissions on record, this appeal stands disposed of

in the above terms. However, Trial Court is not

prevented from considering any other applications, in

which event also, time frame fixed by this Court shall be

adhered to. Both parties to co-operate with the trial

Court.

In view of this appeal having been disposed of,

application - I.A.2/13 does not survive for consideration

and accordingly, it stands rejected.

Sd/- JUDGE *sp