- 1 - HC-KAR NC: 2025:KHC:24876 MFA No. 4981 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 4981 OF 2025 (CPC) BETWEEN: 1. SRI JAYARAMAIAH S/O LATE SONNAPPA AND LATE BAYYAMMA AGED ABOUT 62 YEARS, R/AT NO.204/5, SADAHALLI VILLAGE, DEVAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. 2. SRI. NARAYANASWAMY B.S S/O LATE SONNAPPA AND LATE BAYYAMMA AGED ABOUT 43 YEARS, R/AT NO.263, VAJARAJAHALLI, BAIYANAPALYA, THALAGHATTAPURA POST, UTTARAHALLI HOBLI, BANGALORE-560 109. …APPELLANTS (BY SRI. VASANTH RAJ, ADVOCATE) AND: 1. SMT. GOWRAMMA W/O SRI. KRISHNAPPA D/O LATE SONNAPPA AND LATE BAYYAMMA, AGED ABOUT 74 YEARS, R/AT PARAMANAHALLI VILLAGE, VAGATA AGHARARA, HOBLI, Digitally signed by ANJALI M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24876 MFA No. 4981 of 2025 HOSKOTE TALUK, BANGALORE RURAL DISTRICT-562 114. 2. SMT ANNAMMA W/O SRI. VENKATAGIRIYAPPA D/O LATE SONNAPPA AND LATE BAYYAMMA AGED ABOUT 71 YEARS, R/AT NO.39, NIRAPANAHALLI VILLAGE LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT-563 139. 3. SMT. RATHNAMMA W/O SRI. MUNINARAYANA D/O LATE SONNAPPA AND LATE BAYYAMMA AGED ABOU 65 YEARS, R/AT NO.112, NEAR GOVT SCHOOL, BHOGANAHALLI VILLAGE, VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-563 103. 4. SPECIAL LAND ACQUISITION OFFICER DEPARTMENT-3 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, KRIDE, NO14/3, 1ST FLOOR MAHARSHI, ARIVAND BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560 009. …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 09.06.2025 ON IA NO.3 IN O.S.NO.650/2024 ON THE FILE OF THE XXIV ADDITIONAL CITY CIVIL JUDGE AND SESSIONS JUDGE, BENGALURU, (CCH-6), FILED U/O.39 RULE 1 AND 2 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:24876 MFA No. 4981 of 2025 CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT The appellants/defendants 1 and 2 are before this Court challenging the grant of exparte temporary injunction against defendant No.3 from disbursing/releasing the compensation amount awarded in respect of property in suit item No.1 and 3 in favour of defendants No.1 and 2 during the pendency of the suit as pleaded in I.A.No.III. 2. The learned counsel for the appellant submits that, O.S.No.650/2024 is filed by the plaintiff for the relief of partition and separate possession of the schedule properties. 3. The KIADB has acquired 5 guntas of land and defendant No.3 is making hectic attempts to make payment of compensation amount. It is submitted by the learned counsel for the appellant that though the defendants 1 and 2 sought permission to file objections to - 4 - HC-KAR NC: 2025:KHC:24876 MFA No. 4981 of 2025 the application filed by the plaintiff under Order XXXIX Rules 1 and 2 of CPC against defendant No.3, it is observed by the trial court vide order sheet dated 05.06.2025 that "since the relief sought by the plaintiff is not against defendants 1 and 2 and the prayer against defendants 1 and 2 is not sustainable". By observing so, the trial court has posted the case for passing orders on the application filed by the plaintiff. 4. Subsequently on 09.06.2025 the impugned order is passed by the trial court. 5. It is the grievance of the appellants/defendants 1 and 2 that, no opportunity was given to the appellants to file objections to the interim application filed by the plaintiff seeking temporary injunction. Learned counsel for the appellant submits that, defendants 1 and 2 are entitled to claim their share in the compensation amount to be disbursed by defendant No.3. It is a partition suit, rights of - 5 - HC-KAR NC: 2025:KHC:24876 MFA No. 4981 of 2025 the parties are involved with regard to their legitimate share in the properties described in the plaint. 6. As it is an exparte order passed by the trial Court on I.A.No.III on 09.06.2025 and the appellants have got an opportunity to seek modification or setting the said order by filing appropriate application under Order XXXIX Rule 4 of CPC. Though, it is observed by the trial Court that, no relief is claimed in the said application against defendants 1 and 2, but the trial court ought to have given an opportunity to the defendants 1 and 2 to file their objections and pass orders on I.A.No.III. An opportunity has to be given to the defendants 1 and 2. In view of the facts narrated above, the appeal itself is premature and without exhausting the remedy available by the Appellant, seeking modification of the impugned order by filing appropriate application for setting aside the order or modification of the order, the appellant cannot approach this Court by filing this appeal. Therefore, appeal is dismissed with liberty to the appellants to file objections to - 6 - HC-KAR NC: 2025:KHC:24876 MFA No. 4981 of 2025 I.A.No.III and further appellants are permitted to file appropriate application for setting aside or modification of impugned exparte order. The trial Court is directed to receive the objections and consider the same and pass orders on I.A.No.III in accordance with law after hearing both the parties. No order as to cost. Sd/- (RAMACHANDRA D. HUDDAR) JUDGE SBN List No.: 1 Sl No.: 10