- 1 - NC: 2025:KHC:17756 MFA No. 2283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.2283 OF 2025 (CPC) BETWEEN: 1. SMT VENKATAMMA SINCE DEAD R/BY HER LRS SMT. YASHODAMMA D/O LATE ARASAPPA W/O VEERANNA (WRONGLY SHOWN AS LATE VEERANNA IN THE PLAINT) NOW AGED ABOUT 50 YEARS (INCORRECTLY SHOWN AS 33 YEARS AS ON 2012 IN THE PLAINT) R/AT MARABAHALLI VILLAGE SHETTAHALLI POST, MADUGIRI TALUK TUMAKURU DISTRICT-572132. 2. SMT. SIDDAGANGAMMA D/O LATE ARASAPPA W/O H. MURTHY NOW AGED ABOUT 45 YEARS (INCORRECTLY SHOWN AS 31 YEARS AS ON 2012 IN THE PLAINT) R/AT MARALENAHALLI VILLAGE KASABA HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561203. 3. SMT. GANGALAKSHMAMMA D/O LATE ARASAPPA W/O RAMESH NOW AGED ABOUT 38 YEARS R/AT ALADEENAHALLI VILLAGE DESMANAHALLI POST Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC:17756 MFA No. 2283 of 2025 ANEKAL TALUK BANGALORE RURAL DISTRICT-562106. 4. SRI. MARUTHI S/O LATE ARASAPPA NOW AGED ABOUT 36 YEARS R/AT MAVINAKUNTE VILLAGE THYMAGONDLU HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT-561204. …APPELLANTS (BY SRI. HALASHETTI JAGADISH SIDRAMAPPA, ADVOCATE) AND: SRI ARASAPPA SINCE DEAD R/BY HIS LR'S PLAINTIFFS NO.1 TO 4 NAMELY (I)SMT. YASHODAMMA (II)SMT. SIDDAGANGAMMA (III) SMT. GANGALAKSHMAMMA (IV)SRI. MARUTHI AND DEFENDANTS NO. 1 AND 2 NAMELY (V) SMT. ARASAMMA AND (VI) SRI. KARIYANNA ARE ALREADY ON RECORD. 1. SMT. ARASAMMA D/O LATE KARIRANGAIAH @ KARIRANGAPPA NOW AGED ABOUT 67 YEARS R/AT MAVINAKUNTE VILLAGE THYAMAGONDLU HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT-561204. 2. SRI. KARIYANNA S/O LATE ARASAPPA NOW AGED ABOUT 48 YEARS R/ AT MAVINAKUNTE VILLAGE THYAMAGONDLU HOBLI - 3 - NC: 2025:KHC:17756 MFA No. 2283 of 2025 NELAMANGALA TALUK BANGALORE RURAL DISTRICT-561204. 3. SRI. ANANTHAKRISHNAPPA S/O T. N. LAKSHMINARASIMHAIAH NOW AGED ABOUT 65 YEARS R/ AT MAVINAKUNTE VILLAGE THYAMAGONDLU HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT-561204. 4. 5. 6. 7. 8. SRI. RUDRAPPA SINCE DEAD SMT.ANNAPURNAMMA SINCE DEAD BOTH ARE R/BY THEIR LR'S, SMT. KOMALA D/O LATE RUDRAPPA NOW AGED ABOUT 50 YEARS SMT. SHOBHA D/O LATE RUDRAPPA NOW AGED ABOUT 48 YEARS SRI. VENU S/O LATE RUDRAPPA NOW AGED ABOUT 46 YEARS SRI. VISHWANATH S/O LATE RUDRAPPA NOW AGED ABOUT 33 YEARS SMT. KAVITHA D/O LATE RUDRAPPA NOW AGED ABOUT 41 YEARS ALL ARE RESIDING AT NO.791 6TH CROSS, L.N COLONY - 4 - NC: 2025:KHC:17756 MFA No. 2283 of 2025 YESHWANTHPURA BANGALORE-560 022. …RESPONDENTS (BY SRI. DEVARAJ .C.H, ADVOCATE FOR R7; V/O DATED 17.04.2025, NOTICE TO R1 TO R6 AND R8 IS DISPENSED WITH) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 30.11.2024 PASSED ON I.A.NO.2/2023 IN RA.NO. 26/2023 ON THE FILE OF THE COURT OF SENIOR CIVIL JUDGE AND JMFC, DODDABALLAPURA VIDE ANNEXURE-A DISMISSING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC VIDE ANNEXURE-J. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellants - plaintiffs submits that the suit properties are joint family properties and the appellants - plaintiffs are enjoying the temporary injunction during the pendency of the suit. 2. Learned counsel for the appellants - plaintiffs submits that this matter is set down for final hearing by the Appellate Court and this appeal may be disposed of - 5 - NC: 2025:KHC:17756 MFA No. 2283 of 2025 directing the Appellate Court to dispose of the appeal within a period of three months. 3. The submission made by the learned counsel for the appellants - plaintiffs is taken on record. 4. In view of the above submission, this appeal is disposed of directing the Appellate Court to dispose of the appeal within a period of three months from the date of receipt of order copy. Pending I.As stands disposed off. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE NBM List No.: 1 Sl No.: 22 - 6 - NC: 2025:KHC:17756 MFA No. 2283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SMT VENKATAMMA AND OTHERS VS. SRI ARASAPPA AND OTHERS] 03.06.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORDER ON ‘MEMO FOR BEING SPOKEN TO’ This Court by judgment dated 29.4.2025 disposed off the above appeal by condoning the delay of 23 days in preferring the appeal and issued direction to the Appellate Court to dispose off the appeal within a period of three months, by continuing the order of injunction restraining the defendants from alienating the suit schedule properties. But stenographer has committed an error that though he has taken dictation in this regard, but has not carried out the observation/order issued by this Court. Hence, there is omission on the part of the stenographer, who had taken dictation in the open Court. Therefore, learned counsel for the appellant has filed a memo for being spoken to. This Court on 29.4.2025 has disposed off the above appeal directing the first appellate Court to dispose off the appeal within a period of three months from the date of receipt - 7 - NC: 2025:KHC:17756 MFA No. 2283 of 2025 of copy of the order and also observing that the plaintiff was enjoying the order of temporary injunction, continued the said order of injunction. Therefore, with a direction to continue the order of temporary injunction granted by the trial Court, the appellate Court shall hear and dispose off the appeal within a period of three months from the date of receipt of copy of this order. Accordingly, the memo for being spoken to is disposed off. This order shall be read as part and parcel of the order dated 29.4.2025. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE JTR List No.: 19 Sl No.: 2