- 1 - NC: 2025:KHC:13661 MFA No. 316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 316 OF 2025 (CPC) BETWEEN: 1. SMT. MAHADEVI HEBBI, W/O MR. SANGAPPA HEBBI, AGED ABOUT 65 YEARS, 2. DR. SUNEELA KUMAR @ SUNEELA KUMAR HEBBI, D/O MR. SANGAPPA, AGED ABOUT 42 YEARS BOTH PETITIONER NO.1 AND 2 ARE RESIDING AT FLAT NO. 445, 9TH FLOOR IN BLOCK A-1 "KENDRIYA VIHAR APARTMENTS" KOGILU CROSS, YELAHANKA, AMANIKERE VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 064. …APPELLANTS (BY SRI. SRINIVASA J.V, ADVOCATE) AND: 1. THE CENTRAL GOVERNMENT EMPLOYEES WELFARE HOSING ORGANISATION (R), A REGISTERED BODY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 1860, REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13661 MFA No. 316 of 2025 HAVING ITS OFFICE AT 9TH FLOOR, B WING, JANPATH BHAVAN, JANPATH, NEW DELHI - 110 001, REPRESENTED BY CHIEF OFFICER. E-MAIL: cgewho@nic.in 2. KENDRIYA VIHAR APARTMENT OWNERS ASSOCIATION, REPRESENTED BY ITS PRESIDENT, SRI. R SHIVA PRASAD R, HAVING REGISTERED OFFICE AT BELLARY ROAD, KOGILU CROSS, VENKATALA HOBLI, YELAHANKA, BANGALORE - 560 064, E-MAIL: kvaoaynk@gmail.com 3. SRI. SHIVA PRASAD.R S/O NOT KNOWN TO PLAINTIFF, AGED ABOUT 50 YEARS, RESIDING AT FLAT NO. 299, BLOCK NO. B-4 KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANKA, BENGALURU - 560 064. 4. SRI. CHANDRAN P.V, S/O NOT KNOWN TO PLAINTIFF, AGED ABOUT 51 YEARS, RESIDING AT FLAT NO. 333, BLOCK NO. B-4 KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANKA, BENGALURU - 560 064. 5. MRS. APJMS NAGOOR ROJA W/O, D/O NOT KNOWN TO PLAINTIFF, AGED ABOUT 58 YEARS, RESIDING AT FLAT NO. 621, BLOCK NO. B-4, KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANKA, - 3 - NC: 2025:KHC:13661 MFA No. 316 of 2025 BENGALURU - 560 064. 6. SRI. MAHADEVA SHASTRY, S/ NOT KNOWN TO PLAINTIFF, AGED ABOUT 65 YEARS, RESIDING AT FLAT NO. 104, BLOCK NO. B-4 KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANKA, BENGALURU - 560 064. 7. SRI PRAMOD E.R, S/O NOT KNOWN TO PLAINTIFF AGED ABOUT 40 YEARS, RESIDING AT FLAT NO. 308, BLOCK NO. B-4 KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANKA, BENGALURU - 560 064. 8. SRI. ROY GHATAK P.C S/O NOT KNOWN TO PLAINTIFF AGED ABOUT 65 YEARS RESIDING AT FLAT NO. 453, BLOCK NO. C-7, KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANKA, BENGALURU - 560 064. 9. SRI. SANTHOSH KUMAR R YADAV S/O NOT KNOWN TO PLAINTIFF, AGED ABOUT 38 YEARS, RESIDING AT FLAT NO. 485, BLOCK NO. C-7, KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANKA, BENGALURU - 560 064. 10. SRI. SURESH S.A S/O NOT KNOWN TO PLAINTIFF, AGED ABOUT 40 YEARS, RESIDING AT FLAT NO. 198, BLOCK NO. B-3, KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANKA, BENGALURU - 560 064. - 4 - NC: 2025:KHC:13661 MFA No. 316 of 2025 11. SRI. K. SRINIVAS, S/O NOT KNOWN TO PLAINTIFF, AGED ABOUT 60 YEARS RESIDING AT FLAT NO. 311, BLOCK NO.B-4 KENDRIYA VIHAR APARTMENT, KOGILU CROSS, YELAHANAKA, BENGALURU - 560 064. 12. SRI. RAJAPOOTH, ASSISTANT EXECUTIVE ENGINEER, BESCOM C7 SUB DIVISION, YELAHANKA, BENGALURU - 560 064. 13. SRI. VINAYAKA, AEE, BWSSB, YELAHANKA SUB DIVISION, YELAHANKA, BENGALRUU - 560 064. …RESPONDENTS THIS MFA FILED U/O 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 19.12.2024 PASSED ON I.A.NO.1 AND II IN OS.NO.2236/2024 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 5 - NC: 2025:KHC:13661 MFA No. 316 of 2025 ORAL JUDGMENT 1. The appellants are before this Court assailing the impugned order dated 19.12.2024 passed in O.S.No.2236/2024 by the II Addl.Civil Judge, Bengaluru Rural District. 2. Registry has raised an objection that the appeal may not be maintainable before this Court. In this regard, learned counsel for the appellants submits that the subject matter is valued at Rs.5,00,000/- for claiming damages to that extent. 3. Therefore, the appeal is not maintainable before this Court, hence it is dismissed as not maintainable. However, liberty is reserved to the appellants to file an appeal before the appropriate Court. 4. At the request of learned counsel for the appellants, registry to return the certified copy of the - 6 - NC: 2025:KHC:13661 MFA No. 316 of 2025 impugned order by retaining a photocopy of the same in the file. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NG List No.: 1 Sl No.: 18 CT: BHK