- 1 - NC: 2025:KHC:12742 MFA No. 7210 of 2015 C/W MFA No. 8448 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.7210 OF 2015 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.8448 OF 2015 IN MFA No.7210/2015: BETWEEN: SRI. S. JOHNSON S/O SRI. SAVARIDASS, PARTNER OF SJ DEVELOPERS, AGED ABOUT 45 YEARS, NO.119, 3RD CROSS, PRASHANTH EXTENSION, WHITE FIELD, NEAR ITPL, BANGALORE – 560 066. …APPELLANT (BY SRI. HARISH H.V, ADVOCATE) AND: 1. SRI K.A. CHANDRAPPA SINCE DEAD BY HIS LRS ASHWATHAMMA W/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 40 YEARS, 2. ASHA D/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 22 YEARS, 3. ASHWINI D/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 20 YEARS, 4. APARNA Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12742 MFA No. 7210 of 2015 C/W MFA No. 8448 of 2015 D/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 18 YEARS, 5. MOHAN KUMAR D/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 16 YEARS, MINOR REPRESENTED BY THE MOTHER AND NATURAL GUARDIAN SMT. ASHWATHAMMA W/O LATE SRI K.A. CHADNRAPPA, AGED ABOUT 40 YEARS, ALL ARE R/AT KAMBALIPURA VILLAGE, SOOLEBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT – 560 098. 6. MR. VENUGOPALAN MELETH S/O GOPALAN NAMBIR, AGED ABOUT 63 YEARS, R/AT. NO.59, VERSOVA LAYOUT, KAGGADASAPURA ROAD, C.V. RAMAN NAGAR P.O. BANGALORE - 560 093. 7. K.V. ANIL KUMAR S/O C.H. RAGHVAN NAMBIYAR, AGED ABOUT 48 YEARS, R/AT. NO.A-502, RAJ VALLEY APARTMENTS IC COLONY,BORIVILI WEST, MUMBAI 40. …RESPONDENTS (BY SRI. RAMALINGAM P.H, ADVOCATE FOR C/R6; V/O DATED 17.12.2018, NOTICE TO R2 TO R4 IS DISPENSED WITH; R1, R7 ARE SERVED; R5 IS MINOR REPRESENTED BY R1) THIS MFA FILED U/O 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.8.2015 PASSED ON IA NO.13 IN - 3 - NC: 2025:KHC:12742 MFA No. 7210 of 2015 C/W MFA No. 8448 of 2015 O.S.NO.1811/2008 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING IA NO.13 FILED U/O 39, RULE 1 & 2 OF CPC IN TIME. IN MFA NO.8448/2015: SRI. S. JOHNSON S/O SRI. SAVARIDASS, PARTNER OF SJ DEVELOPERS, AGED ABOUT 45 YEARS, NO.119, 3RD CROSS, PRASHANTH EXTENSION, WHITE FIELD,NEAR ITPL, BANGALORE – 560 066. …APPELLANT (BY SRI. HARISH H.V, ADVOCATE) AND: 1. SRI K.A. CHANDRAPPA SINCE DEAD BY HIS LRS ASHWATHAMMA W/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 40 YEARS, 2. ASHA D/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 22 YEARS, 3. ASHWINI D/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 20 YEARS, 4. APARNA D/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 18 YEARS, 5. MOHAN KUMAR D/O LATE SRI K.A. CHANDRAPPA, AGED ABOUT 16 YEARS, - 4 - NC: 2025:KHC:12742 MFA No. 7210 of 2015 C/W MFA No. 8448 of 2015 MINOR REPRESENTED BY THE MOTHER AND NATURAL GUARDIAN SMT. ASHWATHAMMA W/O LATE SRI K.A. CHADNRAPPA, AGED ABOUT 40 YEARS, ALL ARE R/AT KAMBALIPURA VILLAGE, SOOLEBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT – 562 11. 6. MR. VENUGOPALAN MELETH S/O GOPALAN NAMBIR, AGED ABOUT 63 YEARS, R/AT. NO.59, VERSOVA LAYOUT, KAGGADASAPURA ROAD, C.V. RAMAN NAGAR P.O. BANGALORE - 560 093. 7. K.V. ANIL KUMAR S/O C.H. RAGHVAN NAMBIYAR, AGED ABOUT 48 YEARS, R/AT. NO.A-502, RAJ VALLEY APARTMENTS IC COLONY, BORIVILI WEST, MUMBAI 40. …RESPONDENTS (BY SRI. RAMALINGAM P.H, ADVOCATE FOR C/R6; V/O DATED 17.12.2018, NOTICE TO R2 TO R4 IS DISPENSED WITH; R1, R7 ARE SERVED; R5 IS MINOR REPRESENTED BY R1) THIS MFA FILED U/O 43, RULE 1(r) OF CPC, AGAINST THE ORDER DATED 19.8.2015 PASSED ON IA NO.14 IN O.S.NO.1811/2008 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING IA NO.14 FILED U/O 39, RULE 1 & 2 OF CPC IN TIME. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - NC: 2025:KHC:12742 MFA No. 7210 of 2015 C/W MFA No. 8448 of 2015 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Being aggrieved by the order of dismissal dated 19.08.2015 passed on I.A.Nos.13 and 14 filed under Order 39 Rules 1 and 2 of CPC by the I Addl. Senior Civil Judge, Bangalore Rural District, Bangalore, plaintiff has filed these appeals. 2. The appellant/plaintiff has filed a suit for specific performance of contract against defendant No.1. The defendant No.1 was the owner of suit schedule property and plaintiff is an agreement holder. During the pendency of suit the defendant No.1 has sold the suit property in favour of defendant Nos.2 and 3. Then the plaintiff has filed an application under Order 39 Rules 1 and 2 of CPC praying to restrain defendant Nos.2 and 3 from alienating the suit property and also putting up of any construction by changing the nature of suit property. Said application came to be dismissed, against which present appeals are filed by the plaintiff. - 6 - NC: 2025:KHC:12742 MFA No. 7210 of 2015 C/W MFA No. 8448 of 2015 3. This Court on 29.09.2016 while admitting the appeal in MFA No.7210/2015 had directed the parties to maintain status-quo as on today in respect of the property in question until further orders. The suit is of the year 2008. Therefore, considering the fact that suit is of the year 2008, it is appropriate to issue direction to the trial court to dispose of the suit as expeditiously as possible by continuing the order of status-quo granted by this Court on 29.09.2016 as stated above. 4. In view of the above, the appeals are disposed of with a direction to trial court to dispose of the suit within a period of 1 year from the date of receipt of copy of this order and to continue the order of status- quo dated 29.09.2016 till the disposal of the suit. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 55