in the high court of karnataka at bengaluru dated...

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF MARCH, 2015

BEFORE

THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA

M.F.A. NO.6711/2013(CPC)

A/W M.F.A. NO.6712/2013(CPC) M.F.A. NO.6713/2013(CPC)

IN M.F.A. NO.6711/2013(CPC) BETWEEN: 1. SRI V PRATHAP REDDY

AGED ABOUT 50 YEARS S/O SRI V SUBBA REDDY R/AT KEERTHI RESIDENCY NO. 92, KRISHNAPPA LANE COX TOWN, JEEVANAHALLI BANGALORE-560005

2. SMT. V HEMALATHA

AGED ABOUT 43 YEARS W/O SRI A VENKATESHAN R/A A-706, NAGARJUNA MEADOWS 82, DODDABALLAPUR MAIN ROAD YELAHANKA BANGALORE-560064

3. SMT. V SAROJINI DEVI

AGED ABOUT 76 YEARS

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W/O LATE SRI V C NAIDU R/AT FLAT NO. 401 ANMOL PLAZA, NO. 57 MALLESHPALYA MAIN ROAD NEW THIPPASANDRA POST BANGALORE-560075

4. SMT. A RAJESHWARI

AGED ABOUT 46 YEARS W/O SRI A BALI REDDY R/AT NO. 405, "KEERTHI RESIDENCY", KRISHNAPPA LAYOUT, BELLATHUR KADUGODI BANGALORE-560067

5. SRI R RAMANJANEYULU REDDY

AGED ABOUT 42 YEARS S/O LTE SRIRAMULU REDDY R/AT D-16, "MANJUNATHA" MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE-560045

6. SRI G PULLA REDDY

AGED ABOUT 48 YEARS S/O SRI G NARAYANA REDDY R/AT NO. D15, "SAI" MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE-560045

7. SMT. G MAHESHWARI

AGED ABOUT 43 YEARS W/O SRI G PULLA REDDY R/AT NO. D15, "SAI"

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MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE-560045

8. SMT. K SUJATHA

AGED ABOUT 63 YEARS W/O SRI K ADINARAYANA REDDY R/AT NO.65, "TRISHULI" 2ND CROSS, 5TH MAIN A.G.S. COLONY ANAND NAGAR BANGALORE-560024

9. SRI K CHANDRA MOHAN REDDY

AGED ABOUT 41 YEARS S/O SRI K ADINARAYANA REDDY R/AT NO. 65, "TRISHULI" 2ND CROSS, 5TH MAIN A.G.S. COLONY ANAND NAGAR BANGALORE-560024

10. SRI T SURESH KUMAR REDDY

AGED ABOUT 48 YEARS S/O LATE T PATTABHI RAMI REDDY R/AT NO. 1335, 11TH CROSS 7TH MAIN, WEST OF CHORD ROAD RAJAJINAGAR BANGALORE-560086

11. SRI B VENUGOPAL REDDY

AGED ABOUT 42 YEARS S/O SRI B PADMANABHA REDDY R/AT KEERTHI RESIDENCY NO. 92, KRISHNAPPA LANE

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COX TOWN, JEEVANAHALLI BANGALORE-560005 REP BY GPA HOLDER SRI: PRATHAP REDDY

12. SRI K SREENIVAS REDDY

AGED ABOUT 40 YEARS S/O SRI K SHIVA REDDY R/AT NO. 26, "SRIRAMA NILAYA" SREE RAJARAJESHWARI LAYOUT MAHADEVAPURA BANGALORE-560016

... APPELLANTS

(By SMT: T.V. HONNAMATHI, ADV. FOR Sri: DWARAKA NATH H S, ADV.) AND: 1. SRI PAPANNA

AGED ABOUT 80 YEARS S/O LATE VENKATAPPA R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI, A.C. POST BANGALORE-560045

2. SRI RAMAMURTHY

AGED ABOUT 48 YEARS S/O SRI PAPANNA R/AT NO. 23/6, TCH LAYOUT ROAD NAGAWARA BANGALORE-560045

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3. SRI RAVI AGED ABOUT 39 YEARS S/O SRI PAPANNA R/AT NO.249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE-560045

4. SMT. PARVATHAMMA

AGED ABOUT 42 YEARS D/O SRI PAPANNA R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI, A.C. POST BANGALORE-560045

5. SMT. MUNIYAMMA

AGED ABOUT 70 YEARS W/O SRI PAPANNA R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI, A.C. POST BANGALORE-560045

6. SMT. RENUKA

AGED ABOUT 38 YEARS W/O SRI RAMAMURTHY R/AT NO. 23/6, TCH LAYOUT ROAD NAGAWARA BANGALORE-560045

7. MASTER MOHAN

AGED ABOUT 9 YEARS S/O SRI RAMA MURTHY SINCE MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN

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VIZ. RESPONDENT NO.2 R/AT NO. 23/6, TCH LAYOUT ROAD, NAGAWARA BANGALORE-560045

8. SMT. KAVITHA

AGED ABOUT 34 YEARS W/O SRI RAVI R/AT NO.249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE-560045

9. SRI VARUN

AGED ABOUT 17 YEARS S/O SRI RAVI SINCE MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ., RESPONDENT NO.3 R/AT NO. 249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE-560045

10. MS CHERIKA

AGED ABOUT 10 YEARS D/O SRI RAVI SINCE MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ RESPONDENT NO.3 R/AT NO.249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE-560045

11. MASTER GURU

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AGED ABOUT 17 YEARS S/O SRI UMASHANKAR SINCE MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ SRI UMASHANKAR R/AT YELLAMMAGUDI STREET NAGAWARA VILLAE KASABA HOBLI, A.C. POST BANGALORE-560045

12. MS ARPITHA

AGED ABOUT 15 YEARS D/O SRI UMASHANKAR SINCE MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ SRI UMASHANKAR R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI, A.C.POST BANGALORE-560045

13. M/S FOYER CONSTRUCTIONS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS OFFICE T PENT HOUSECASA DI MODA APTS, NO.38 GREEN GARDEN LAYOUT MUNNEKOLALA, BANGALORE-560037 REPRESENTED BY ITS MANAGING DIRECTOR

14. SRI VISHWANATH KUMAARR

AGED ABOUT 36 YEARS S/O SRI M RAJU R/AT NO. 52, 2ND MAIN JAIDHARSHINI LAYOUT

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R.M.V. 2ND STAGE BANGALORE-560094

15. SRI VENKATACHALAPATHY

AGED ABOUT 44 YEARS S/O LATE CHIKKAVENKATESHAPPA R/AT NO. 386, NAGAWARA VILLAGE KASABA HOBLI, A.C. POST BANGALORE NORTH TALUK BANGALORE-560045

16. SMT. K PADMAVATHI

AGED ABOUT 45 YEARS D/O LATE KAPILAPPA R/AT TCH COLLEGE ROAD NAGAWARA ARABIC COLLEGE POST BANGALORE-560045

17. SMT. RAMSHA G

MAJOR HUSBANDS NAME NOT KNOWN TO THE PLAINTIFFS AT C/O SREE SHAKTHI PROMOTERS & DEVELOPERS, NO. 646/8 2ND FLOOR DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE-560010

18. SMT. K ARCHANA

MAJOR HUSBANDS NAME NOT KNOWN TO THE PLAINTIFFS AT C/O SREE SHAKTHI PROMOTERS & DEVELOPERS, NO. 646/8

9

2ND FLOOR DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE-560010

19. SMT. M L HAMSAVATHI


20. SMT. USHA


21. SREE SHAKTHI PROMOTERS AND

DEVELOPERS (R) A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO. 527, GROUND FLOOR 11TH CROSS, RMV EXTENSION SADASHIVANAGR, BANGALORE-560080 AND ALSO AT NO. 43 MARUTHI HBCS LAYOUT

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16TH MAIN, VIJAYANAGAR BANGALORE-560040 REPRESENTED BY ITS PARTNER SRI D R VIJAYASARATHY AGED ABOUT 50 YEARS S/O LATE B S RUDRAPPA

... RESPONDENTS (By Sri: K S NARAYANA SWAMY, ADV. FOR C/R13 & 15 )

MFA FILED U/O 43(1)(r)OF CPC, AGAINST THE ORDER DATED:26.7.2013 PASSED ON I.A.NO.4 IN O.S.NO.2495/2013 ON THE FILE OF THE 14TH ADDITIONAL CITY CIVIL JUDE, BANGALORE, DISMISSING IA NO.4 FILED U/O 39, RULES 1 & 2, R/W SEC 151 OF CPC.

IN M.F.A. NO.6712/2013(CPC) BETWEEN: 1. SRI V. PRATHAP REDDY

S/O SRI V SUBBA REDDY AGED ABOUT 50 YEARS R/AT KEERTHI RESIDENCY NO.92, KRISHNAPPA LANE COX TOWN, JEEVANAHALLI BANGALORE-560005

2. SMT V HEMALATHA

AGED ABOUT 43 YEARS W/O SRI A VENKATESHAN R/AT A-706, NAGARJUNA MEADOWS

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82, DODDABALLAPUR MAIN ROAD YELAHANKA BANGALORE-560064

3. SMT V SAROJINI DEVI

W/O LATE SRI V C NAIDU AGED ABOUT 76 YEARS R/AT FLAT NO.401, ANMOL PLAZA NO.57, MALLESHPALYA MAIN ROAD NEW THIPPASANDRA POST BANGALORE-560075

4. SMT A RAJESHWARI

W/O SRI A BALI REDDY AGED ABOUT 46 YEARS R/AT NO. 405 "KEERTHI RESIDENCY" KRISHNAPPA LAYOUT BELLATHUR, KADUGODI BANGALORE-560067

5. SRI R RAMANJANEYULU REDDY

S/O LATE SRIRAMULU REDDY AGED ABOUT 42 YEARS R/AT D-16, MANJUNATHA MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE-560045

6. SRI G PULLA REDDY

S/O SRI G NARAYANA REDDY AGED ABOUT 48 YEARS R/AT NO D15, SAI MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE-560045

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7. SMT G MAHESHWARI W/O SRI G PULLA REDDY AGED ABOUT 43 YEARS R/AT NO D15, SAI MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE-560045

8. SMT K SUJATHA

W/O SRI K ADINAAYANA REDDY AGED ABOUT 63 YEARS R/AT NO 65, TRISHULI 2ND CROSS, 5TH MAIN A G S COLONY ANANDA NAGAR BANGALORE-560024

9. SRI K CHANDRA MOHAN REDDY

S/O SRI K ADINAAYANA REDDY AGED ABOUT 41 YEARS R/AT NO 65, TRISHULI 2ND CROSS, 5TH MAIN A G S COLONY ANANDA NAGAR BANGALORE-560024

10. SRI T SURESH KUMAR REDDY

S/O LATE T PATTABHI RAMI REDDY AGED ABOUT 48 YEARS R/AT NO. 1335, 11TH CROSS 7TH MAIN, WEST OF CHORD ROAD RAJAJINAGAR BANGALORE-560086

11. SRI B VENUGOPAL REDDY

S/O SRI B PADMANABHA REDDY

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AGED ABOUT 42 YEARS R/AT KEERTHI RESIDENCY NO.92, KRISHNAPPA LANE COX TOWN, JEEVANAHALLI BANGALORE-560005 REP BY GPA HOLDER SRI.V. PRATHAP REDDY

12. SRI K SREENIVAS REDDY

S/O SRI K SHIVA REDDY AGED ABOUT 40 YEARS R/AT NO.26, SRIRAMA NILAYA SREE RAJARAJESHWARI LAYOUT MAHADEVAPURA BANGALORE-560016

... APPELLANTS (By Smt : T.V, HONNAMATHI, ADV FOR SRI:DWARAKA NATH H S, ADV.) AND: 1. SRI PAPANNA

AGED ABOUT 80 YEARS S/O LATE VENKATAPPA R/AT YELLAMMAGUDI STREET NAGAWARA VILLGE KASABA HOBLI A C POST BANGALORE-560045

2. SRI RAMAMURTHY

AGED ABOUT 48 YEARS S/O SRI PAPANNA R/AT NO 23/6, TCH LAYOUT ROAD

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NAGAWARA BANGALORE-560045

3. SRI RAVI

AGED ABOUT 39 YEARS S/O SRI PAPANNA R/AT NO. 249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE-560045

4. SMT PARVATHAMMA

AGED ABOUT 42 YEARS D/O SRI PAPANNA R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI A C POST BANGALORE-560045

5. SMT MUNIYAMMA

AGED ABOUT 70 YEARS W/O SRI PAPANNA R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI A C POST BANGALORE-560045

6. SMT RENUKA

AGED ABOUT 38 YEARS W/O SRI RAMAMURTHY R/AT NO. 23/6, TCH LAYOUT ROAD, NAGAWARA BANGALORE-560045

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7. MASTER MOHAN AGED ABOUT 9 YEARS S/O SRI RAMA MURTHY SINE MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ. RESPONDENT NO.2 R/AT NO. 23/6, TCH LAYOUT ROAD NAGAWARA BANGALORE-560045

8. SMT KAVITHA

AGED ABOUT 34 YEARS W/O SRI RAVI R/AT NO. 249, RENUKA MALLAMMA TEMPLE ROAD, NAGAWARA BANGALORE-560045

9. SRI VARUN

AGED ABOUT 17 YEARS S/O SRI RAVI MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ.RESPONDENT NO.3 R/AT NO. 249, RENUKA MALLAMMA TEMPLE ROAD, NAGAWARA BANGALORE-560045

10. MS CHERIKA

AGED ABOUT 10 YEARS D/O SRI RAVI MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ.RESPONDENT NO.3 R/AT NO. 249, RENUKA MALLAMMA TEMPLE ROAD, NAGAWARA

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BANGALORE-560045 11. MASTER GURU

AGED ABOUT 17 YEARS S/O SRI UMASHANKAR MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ.SRI UMASHANKAR R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI A C POST BANGALORE-560045

12. MS ARPITHA

AGED ABOUT 15 YEARS D/O SRI UMASHANKAR MINOR REPRESENTED BY FATHER AND NATURAL GUARDIAN VIZ.SRI UMASHANKAR R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI A C POST BANGALORE-560045

13. M/S FOYER CONSTRUCTIONS PVT LTD

A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT PENT HOUSE CASA DI MODA APTS, NO.38 GREEN GARDEN LAYOUT MUNNEKOLALA BANGALORE-560037 REPRESENTED BY ITS MANAGING DIRECTOR

14. SRI VISHWANATH KUMAARR

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AGED ABOUT 36 YEARS S/O SRI M RAJU R/AT NO.52, 2ND MAIN JAIDHARSHINI LAYOUT R M V 2ND STAGE BANGALORE-560094

15. SRI VENKATACHALAPATHY

AGED ABOUT 44 YEARS S/O LATE CHIKKAVENKATESHAPPA R/AT NO. 386, NAGAWARA VILLAGE KASABA HOBLI A C POST BANGALORE NORTH TALUK BANGALORE-560045

16. SMT K PADMAVATHI

AGED ABOUT 45 YEARS D/O LATE KAPILAPPA R/AT TCH COLLEGE POST ARABIC COLLEGE POST BANGALORE-560045

17. SMT RAMSHA G

MAJOR HUSBANDS NAME NOT KNOWN TO THE PLAINTIFFS AT C/O SREE SHAKTHI PROMOTERS & DEVELOPERS NO.646/8, 2ND FLOOR DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE-560010

18. SMT K ARCHANA

MAJOR

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HUSBANDS NAME NOT KNOWN TO THE PLAINTIFFS AT C/O SREE SHAKTHI PROMOTERS & DEVELOPERS NO.646/8, 2ND FLOOR DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE-560010

19. SMT M L HAMSAVATHI


20. SMT USHA


21. SREE SHAKTHI PROMOTERS AND

DEVELOPERS (R) A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.527, GROUND FLOOR, 11TH CROSS, RMV EXTENSION,

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SADASHIVANAGAR BANGALORE-560080 AND ALSO AT NO.43 MARUTHI HBCS LAYOUT 16TH MAIN, VIJAYANAGAR BANGALORE-560040 REPRESENTED BY ITS PARTNER SRI D R VIJAYASARATHY AGED ABOUT 50 YEARS S/O LATE B S RUDRAPPA

... RESPONDENTS (By Sri: K S NARAYANASWAMY, ADV. FOR C/R 13 & 15)

MFA FILED U/O 43(1)(r)OF CPC, AGAINST THE ORDER DATED:26.7.2013 PASSED ON I.A.NO.5 IN O.S.NO.2495/2013 ON THE FILE OF THE 14TH ADDITIONAL CITY CIVIL JUDE, BANGALORE, DISMISSING IA NO.5 FILED U/O 39, RULES 1 & 2, R/W SEC 151 OF CPC. IN M.F.A. NO.6713/2013(CPC) BETWEEN:

1. SRI V PRATHAP REDDY AGED ABOUT 50 YEARS S/O SRI V SUBBA REDDY R/AT KEERTHI RESDIDENCY NO.92, KRISHNAPPA LANE COX TOWN, JEEVANAHALLI BANGALORE 560005

2. SMT V HEMALATHA AGED ABOUT 43 YEARS

20

W/O SRI A VENAKTESHAN R/AT A-706, NAGARJUNA MEADOWS 82, DODDABALLAPUR MAIN ROAD YELAHANKA BANGALORE 560 064

3. SMTV SAROJINI DEVI AGED ABOUT 76 YEARS W/O LATE SRI V C NAIDU R/AT FLAT NO.401, ANMOL PLAZA NO.57,MALLESHPALYA MAIN ROAD NEW THIPPASANDRA POST BANGALORE 560075

4. SMT A RAJESHWARI AGED ABOUT 46 YEARS W/O SRI A BALI REDDY R/AT NO.405, KEERTHI RESIDENCY KRISHNAPPA LAYOUT BELLATHUR, KADUGODI BANGALORE 560067

5. SRI R RAMANJANEYULU REDDY AGED ABOUT 42 YEARS S/O LATE SRIRAMULU REDDY R/AT D-16, MANJUNATHA MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE 560045

6. SRI G PULLA REDDY AGED ABOUT 48 YEARS S/O SRI G NARAYANA REDDY R/AT NO.D 15, SAI MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE 560 045

7. SMT G MAHESHWARI AGED ABOUT 43 YEARS W/O SRI G PULLA REDDY R/AT NO.D 15, SAI

21

MANYATHA RESIDENCY LAYOUT RAICHENAHALLI VILLAGE BANGALORE 560 045

8. SMT K SUJATHA AGED ABOUT 63 YEARS W/O SRI K ADINARAYANA REDDY R/AT NO.65, 5TH MAIN A G S COLONY ANAND NAGAR BANGALORE 560024

9. SRI K CHANDRA MOHAN REDDY AGED ABOUT 41 YEARS W/O SRI K ADINARAYANA REDDY R/AT NO.65, 5TH MAIN A G S COLONY ANAND NAGAR BANGALORE 560024

10. SRI T SURESH KUMAR REDDY AGED ABOUT 48YEARS S/O LATE T PATTABHI RAMI REDDY R/AT NO.1335, 11TH CROSS 7TH MAIN, WEST OF CHORD ROAD RAJAJINAGAR BANGALORE 560086

11. SRI B VENUGOPAL REDDY AGED ABOUT 42 YEARS S/O LATE T PATTABHI RAMI REDDY R/AT KEETHI RESIDENCY NO.92, KRISHNAPPA LANE COX TOWN JEEVANAHALLI BANGALORE 560005 REP BY GPA HOLDER PRATHAP REDDY

22

12. SRI K SREENIVAS REDDY AGED ABOUT 40 YEARS S/O SRI K SHIVA REDDY R/AT NO.26, SRIRAMA NIALAY SREE RAJARAJESHWARI LAYOUT MAHADEVAPURA BANGALORE 560016

... APPELLANTS

(By Smt : T.V. HONNAMATHI, ADV FOR SRI DWARAKA NATH H S, ADV.

AND

1. SRI PAPANNA AGED ABOUT 80 YEARS S/O LATE VENKATAPPA R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI, A C POST BANGALORE 560045

2. SRI RAMAMURTHY AGED ABOUT 48 YEARS S/O SRI PAPANNA R/AT NO.23/6, TCH LAYOUT ROAD NAGAWARA BANGALORE 560045

3. SRI RAVI AGED ABOUT 39 YEARS S/O SRI PAPANNA R/AT NO.249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE 560045

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4. SMT PARVATHAMMA AGED ABOUT 42 YEARS D/O SRI PAPANNA R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI, A C PSOT BANGALORE 560045

5. SMT MUNIYAMMA AGED ABOUT 70 YEARS W/O SRI PAPANNA R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI,A C POST BANGALORE 560045

6. SMT RENUKA AGED ABOUT 38 YEARS W/O SRI RAMAMURTHY R/AT NO.23/6, TCH LAYOUT ROAD NAGAWARA BANGALORE 560045

7. MASTER MOHAN AGED ABOUT 9 YEARS S/O SRI RAMA MURTHY SINCE MINOR REPRESENTED BY FATHER AND NATURAL GAURDIAN VIZ RESPONDENT NO.2 R/AT NO.23/6, TCH LAYOUT ROAD NAGAWARA BANGALORE 560045

8. SMT KAVITHA AGED ABOUT 34 YEARS W/O SRI RAVI R/AT NO.249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE 560045

24

9. SRI VARUN AGED ABOUT 17 YEARS S/O SRI RAVI SINCE MINOR REPRESENTED BY FATHER AND NATURAL GAURDIAN VIZ RESPONDENT NO.3 R/AT NO.249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE 560045

10. MS CHERIKA AGED ABOUT 10 YEARS D/O SRI RAVI SINCE MINOR REPRESENTED BY FATHER AND NATURAL GAURDIAN VIZ RESPONDENT NO.3 R/AT NO.249, RENUKA MALLAMMA TEMPLE ROAD NAGAWARA BANGALORE 560045

11. MASTER GURU AGED ABOUT 17 YEARS S/OL SRI UMASHANKAR SINCE MINOR REPRESENTED BY FATHER AND NATURAL GAURDIAN VIZ SRI UMASHANKAR R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI, A C POST BANGALORE 560045

12. MS ARPITHA AGED ABOUT 15 YEARS D/O SRI UMASHANKAR SINCE MINOR REPRESENTED BY FATHER AND NATURAL GAURDIAN VIZ SRI UMASHANKAR

25

R/AT YELLAMMAGUDI STREET NAGAWARA VILLAGE KASABA HOBLI, A C POST BANGALORE 560045

13. M/S FOYER CONSTRUCTIONS PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT PENT HOUSE CASE DI MODA APTS., NO.38, GREEN GARDEN LAYOUT MUNNEKOLALA BANGALORE 560037 RERPESENTED BY ITS MANAGING DIRECTOR

14. SRI VISHWANATH KUMAARR AGED ABOUT 36 YEARS S/O SRI M RAJU R/AT NO.52, 2ND MAIN JAIDHARSHINI LAYOUT RMV 2ND STAGE BANGALORE 560094

15. SRI VENKATACHALAPATHY AGED ABOUT 44 YEARS S/O LATE CHIKKAVENKATESHAPPA R/AT NO.386, NAGAWARA VILLAGE KASABA HOBLI, A C POST BANGALORE NORTH TALUK BANGALORE 560045

16. SMT K PADMAVATHI AGED ABOUT 45 YEARS D/O LATE KAPILAPPA R/AT TCH COLLEGE ROAD NAGAWARA ARABIC COLLEGE POST BANGALORE 560 045

26

17. SMT RAMSHA G MAJOR HUSBAND S NAME NOT KNOWN TO THE PLAINTIFFS AT C/O SREE SHAKTHI PROMOTERS & DEVELOPERS NO.646/8, 2ND FLOOR DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE 560010

18. SMT K ARCHANA MAJOR HUSBAND S NAME NOT KNOWN TO THE PLAINTIFFS AT C/O SREE SHAKTHI PROMOTERS & DEVELOPERS NO.646/8, 2ND FLOOR DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE 560010

19. SMT M L HAMSAVATHI MAJOR HUSBAND S NAME NOT KNOWN TO THE PLAINTIFFS AT C/O SREE SHAKTHI PROMOTERS & DEVELOPERS NO.646/8, 2ND FLOOR DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE 560010

20. SMT USHA MAJOR HUSBAND S NAME NOT KNOWN TO THE PLAINTIFFS AT C/O SREE SHAKTHI PROMOTERS & DEVELOPERS NO.646/8, 2ND FLOOR DR RAJKUMAR ROAD RAJAJINAGAR BANGALORE 560010

27

21. SREE SHAKTHI PROMOTERS AND DEVELOPERS (R) A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.527, GROUND FLOOR, 11TH CROSS, RMV EXTENSION, SADASHIVANAGAR BANGALORE 560080 AND ALSO AT NO.43 MARUTHI HBCS LAYOUT 16TH MAIN, VIJAYANAGAR BANGALORE 560 040 REPRESENTED BY TIS PARTNER SRI D R VIJAYASARATHY AGED ABOUT 50 YEARS S/O LATE B S RUDRAPPA

... RESPONDENTS

(By Sri: K S NARAYANA SWAMY, ADV. FOR C/R 13 & 15 )

MFA FILED U/O 43(1)(r)OF CPC, AGAINST THE ORDER

DATED:26.7.2013 PASSED ON I.A.NO.6 IN O.S.NO.2495/2013

ON THE FILE OF THE 14TH ADDITIONAL CITY CIVIL JUDE,

BANGALORE, DISMISSING IA NO.6 FILED U/O 39, RULES 1

& 2, R/W SEC 151 OF CPC.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

With the consent of the learned counsel for the parties, the

matters are taken up for final disposal.

28

2. The learned counsel for the parties fairly submit that

the order of injunction granted by the Trial Court against the

alienation is still in force and this factual aspect is not disputed by

the learned counsel for the respondents.

3. Sri.K.S.Narayana Swamy, learned counsel for the

respondents submits that his client will not have any objection to

continue the injunction.

4. Admittedly schedule properties are at present vacant

and surrounded by a compound. The suit is of the year 2013. In

this view of the matter, it would appropriate to direct the parties

to maintain same state of things as they exist today till the disposal

of the suit.

ORDER

Appeals are disposed of.

Parties are directed to maintain same state of things as they

exist today till the disposal of the suit.

The learned Judge of the Trial Court dealing with

O.S.No.2495/2013 on the file of the 14th Additional City Civil

29

Jude, Bangalore to frame appropriate issues at the earliest and to

dispose of the suit as early as possible.

It is made clear that the learned counsel and parties to

cooperate with the learned Judge of the Trial Court in disposing

of the matter, without taking unnecessary adjournments.

Registry to send a copy of this order to the Trial Court for

reference.

Sd/-

JUDGE DM

in the high court of karnataka at bengaluru dated...

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