- 1 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12THDAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7677 OF 2024 (CPC) BETWEEN: SMT. ANITA AGED ABOUT 43 YEARS, D/O. LAKSHMIDEVAMMA, RESIDING AT MALLAPALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT. …APPELLANT (BY SRI. H.V. RAMACHANDRA RAO, ADVOCATE) AND: 1. M. S. GOPALAREDDY S/O. SRINIVASAREDDY, AGED ABOUT 49 YEARS, RESIDING AT MALLAPALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT. REPRESENTED BY HIS GPA HOLDER, M. S. RAJESH. 2. M. S. RAJESH ADOPTED SON OF DODDA APPODU, AGED ABOUT 49 YEARS, RESIDING AT MALLAPALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 562 101. G VENKATA REDDDY SON OF LATE DODDAREDDY’S GOPALAREDDY, SINCE DEAD BY HIS LRS., Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 3. SMT. DEVAMMA W/O. LATE G. VENKATAREDDY, AGED ABOUT 87 YEARS, 4. SMT. SAVITHRAMMA W/O. LATE G. VENKATAREDDY, AGED ABOUT 87 YEARS, SMT. LAKSHMIDEVAMMA SINCE DEAD BY HER LRS., 5. BABU B., AGED ABOUT 55 YEARS, 6. ANIL AGED ABOUT 50 YEARS, 7. PRABHU AGED ABOUT 48 YEARS, ALL ARE R/AT MALLAPALLI VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT – 562 101. 8. LAKSHMANAREDDY, SON OF LATE DODDAREDDY’S GOPALAREDDY, SINCE DEAD BY HIS LRS., SMT. SHARADAMMA D/O. ERAPPA REDDY, AGED ABOUT 55 YEARS, RESIDING AT AIMAREDDYHALLI, KASABA HOBLI, CHINTAMANI TALUK - 562 101. 9. ANJANEYA REDDY S/O. NEELAKANTA REDDY, AGED ABOUT 28 YEARS, 10. RANGANATHA REDDY S/O. RAMA REDDY, AGED ABOUT 30 YEARS, - 3 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 11. DEERAJ S/O. BABU REDDY, AGED ABOUT 29 YERS, 12. KUMARI SANJANA D/O. BABU REDDY, AGED ABOUT 18 YEARS, REPONDENTS 9 TO 12 ARE RESIDENTS OF MALAPALLI, CHINTAMANI - 562 101. 13. DODDA APPODU SINCE DEAD BY HIS LRS., NARAYANAMMA W/O. LATE DODDA APOODU, R/AT MALAPALLI VILLAGE, CHINTAMANI TALUK - 562 101. 14. G. SRIRAMAREDDY SINCE DEAD BY HIS LRS., AGED ABOUT 61 YEARS, R/AT N. R. EXTENSION, CHINTAMANI TOWN. 15. SMT. M. S. LAKSHMI D/O. LATE SRIRAMAREDDY, AGED ABOUT 38 YEARS, R.A.No.121/2012, 16. SMT. M. S. NAGAMANI D/O. LATE SRIRAMA REDDY, AGED ABOUT 41 YEARS, 17. M.S. ERAPPAREDDY S/O. LATE SRIRAMAREDDY, RESPONDENT NOS.13 TO 17 ARE R/AT N. R. EXTENSION, CHINTAMANI TOWN. - 4 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 18. G. SRINIVASAREDDY S/O. LATE DODDAREDDY’S GOPALAREDDY, AGED ABOUT 64 YEARS, R/AT MALAPPALLI VILLAGE, CHINTAMANI TOWN - 562 101. CHIKKAVENKATAMMA SINCE DEAD BY LRS 19. SMT. INDIRAMMA W/O. LATE VENKATA REDDY, AGED ABOUT 57 YEARS, 20. SMT. SHARADAMMA W/O. SRINIVASA REDDY, AGED ABOUT 53 YEARS, 21. SMT. SHAMALAMMA W/O. NEELAKANTA REDDY, AGED ABOUT 47 YEARS, 22. BABU REDDY S/O. VEERAPPA REDDY, AGED ABOUT 44 YEARS, RESPONDENT NOS.17 TO 22 ARE RESIDING AT IMAREDDYHALLI VILLAGE, KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 562 101. 23. BACHAPPA, SINCE DEAD BY HIS LRS., VENKATAREDDY S/O. LATE BACHAPPA, AGED ABOUT 78 YEARS, VENKATESH, S/O LATE BACHAPPA, SINCE DEAD BY HIS LRS, - 5 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 24. SMT. NEELAMMA W/O. LATE VENKATESHREDDY, AGED ABOUT 54 YEARS, 25. SRINATH. G. V. S/O. LATE VENKATESHREDDY, AGED ABOUT 36 YEARS, 26. MANJUNATH. G. V. S/O. LATE VENKATESHREDDY, AGED ABOUT 32 YEARS, LRS NO. 23 TO 27 ARE R/AT JEEVAJALA HOME, OPPOSITE PANDURANGASWAMY TEMPLE, GEETHAMANDIR ROAD, MALAPALLI, CHINTAMANI TOWN, CHIKKABALLAPURA DISTRICT - 562 101. 27. SMT. LAKSHMI W/O. RAGHUPRAKASHREDDY, AGED ABOUT 38 YEARS, R/AT M. V. S. OPTICALS, M.G. ROAD, SRINIVASAPURA TOWN, KOLAR DISTRICT - 562 100. 28. SMT. ROOPA W/O. SRINIVASAREDDY, AGED ABOUT 34 YEARS, R/AT R. THIMMASANDRA VILLAGE, RONUR HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT - 562 100. 29. SUMAN S/O. LATE BACHAPPA, AGED ABOUT 33 YEARS, NARAYANASWAMY DEAD BY HIS LRS., - 6 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 30. SHANTHAMMA, W/O. LATE NARAYANASWAMY, AGED ABOUT 53 YEARS, 31. MANJULA D/O. LATE NARAYANASWAMY, AGED ABOUT 41 YEARS, 32. VINOD S/O. LATE NARAYANASWAMY, AGED ABOUT 38 YEARS, 33. SHASHIKUMAR S/O. LATE NARAYANASWAMY, AGED ABOUT 24 YEARS, 34. SANTOSH S/O. LATE NARAYANASWAMY, AGED ABOUT 27 YEARS, LRS NO.30 TO 34 ARE R/AT GOPALLI VILLAGE, NANDIGANAHALLI POST, MURUGAMALLA HOBLI, CHINTAMANI TALUK - 562 101. 35. LAKSHMANA REDDY S/O. LATE BACHAPPA, AGED ABOUT 68 YEARS, R/AT ANJANI EXTENSION, CHINTAMANI TOWN-562 101. 36. D. K. SHANKARAREDDY S/O. LATE D. KRISHNAREDDY, AGED ABOUT 68 YEARS, R/AT DODDAPALLI VILLAGE, RONUR HOBLI, SRINIVASPUR TALUK - 562 101. 37. MRS. LATHA D/O. SRINIVASAREDDY, W/O. VIJAYKUMAR, - 7 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 AGED ABOUT 50 YEARS, R/AT NO.06, 2ND CROSS, SEENAPPA LAYOUT, HENNUR VILLAGE, KALYANA NAGARA POST, BANGALORE - 562 100. 38. M. S. VIJAYALAKSHMI D/O. SRINIVASAREDDY, W/O. RAMESH YELLAPPA, AGED ABOUT 47 YEARS, R/AT NO.98, KENDRIYA VIHAR, YELAHANKA, BANGALORE - 560 078. 39. M. S. LAKSHMISHREE D/O. SRINIVASAREDDY, W/O. RAMA. J, AGED ABOUT 40 YEARS, R/AT NO. 17163, FAIRLIC ROAD, SAN DIEGO, CALIFORNIA, USA - 94301. …RESPONDENTS (BY SRI. RAMESH K.S., ADVOCATE FOR R1 AND R2; R3 TO R39 NOTICE DISPENSED WITH) THIS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED.22.10.2024 PASSED ON IA.NO.36 FILED UNDER KORDER 39 RULE 1 AND 2 OF R/W SECTION 151 OF CPC. IN REGULAR APPEAL NO. 121/2012 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, SITTING AT CHINTAMANI, WHEREIN DIRECTING TO MAINTAIN STATUS QUO. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 8 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, the matter is taken up for final disposal. 2. Respondent No.1(c) (a) in R.A.No.121/2012 on the file of II Additional District and Sessions Judge, Chikkaballapura (hereinafter referred to as ‘the First Appellate Court’ for short), has filed this appeal being aggrieved by the order dated 22.10.2024 passed on I.A.XXXVI filed for an ad-interim order of temporary injunction under Order XXXIX Rules 1 and 2 read with 151 of CPC in R.A.No.121/2012, thereby, it is ordered that both the parties are directed to maintain status quo. 3. The appellant in this appeal is respondent No.1 (c) (a) in R.A.No.121/2012. Respondent Nos.1 and 2 in this appeal, who are appellants in R.A.No.121/2012 have filed an application under Order XXXIX Rules 1 and 2 read with Section 151of CPC praying for grant of ad-interim - 9 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 order of temporary injunction restraining the appellant herein for commencing and completing further construction on residential house in a portion of the suit schedule 'B' property building bearing (old katha Nos.631 and 632) pending disposal of the appeal on merits. 4. The First Appellate Court had observed that there are various contentions raised to be considered on merits in the appeal and in the meantime, the appellant has started construction. Therefore, it is observed that the appeal is of the year 2012 and if the appellant is permitted to proceed with the construction, then it would cause prejudice to respondent Nos.1 and 2 herein. Hence, both the parties are directed to maintain status quo till considering the appeal. It is also observed that since the matter is of the year 2012, both the parties are directed to co-operate with the First Appellate Court for the disposal of the appeal expeditiously. 5. It is submitted that the dispute before the First Appellate Court in R.A.No.121/2012 is set down for - 10 - NC: 2025:KHC:10463 MFA No. 7677 of 2024 arguments on 15.03.2025. Therefore, if a direction is issued to dispose of the appeal within a period of 3 months, continuing the order of status quo will not cause prejudice to the appellant. Therefore, now the appeal is set down for final hearing. Hence, the First Appellate Court is directed to dispose of the appeal within a period of three months from 15.03.2025 in accordance with law. 6. In terms of the above, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 42