- 1 - NC: 2025:KHC:324 MFA No. 7902 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 7902 OF 2024 (CPC-) BETWEEN: SMT. PUSHPA D/O LATE. KONDA REDDY, W/O S.R. GOPAL REDDY, AGED ABOUT 66 YEARS, R/AT NO.78, SORAHUNASE VILLAGE VARTHUR POST, BENGLAURU EAST TALUK, BENGLAURU DISTRICT - 560 087. …APPELLANT (BY SRI. ANANDA K., ADVOCATE) AND: 1. SRI. VENKATACHALA REDDY S/O LATE. KONDA REDDY, AGED ABOUT 64 YEARS, R/AT NO. 29, KYALASANAHALLI VILLAGE, K.R. PURA HOBLI, BENGLAURU EAST TALUK, BENGALURU DISTRICT - 560 077. Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:324 MFA No. 7902 of 2024 2. SRI. NARAYANASWAMY @ NARAYANA REDDY, S/O LATE KONDA REDDY, AGED ABOUT 57 YEARS, R/AT 17/17, NANDANA LAYOUT, KYALASANAHALLI VILLAGE, K.R. PURA HOBLI, BENGLAURU EAST TALUK, BENGALURU DISTRICT - 560 077. 3. SRI. LINGA REDDY, S/O LATE. KONDA REDDY, AGED ABOUT 54 YEARS, R/AT NO. 25, KYALASANAHALLI VILLAGE, K.R. PURA HOBLI, BENGLAURU EAST TALUK, BENGALURU DISTRICT - 560 077. 4. SMT. RUKKAMMA, D/O LATE. KONDA REDDY, W/O THIMMARAYA REDDY, AGED ABOUT 76 YEARS, R/AT NO. 105, FARM HOUSE, NEAR PODAR INTERNATIONAL SCHOOL, VIJAYANAGAR ROAD, HINKAL, MYSURU - 570 017. 5. SRI. NAVEEN KUMAR K.V., S/O VENKATACHALA REDDY, AGED ABOUT 36 YEARS, R/AT NO. 29, - 3 - NC: 2025:KHC:324 MFA No. 7902 of 2024 KYALASANAHALLI VILLAGE, K.R. PURA HOBLI, BENGLAURU EAST TALUK, BENGALURU DISTRICT - 560 077. 6. SRI. K.M. CHANDRASHEKAR, S/O LATE. MUNISWAMAPPA, AGED ABOUT 40 YEARS, R/AT NO. 112, KYALASANAHALLI VILLAGE, NEAR MUNESHWARA TEMPLE, DR. SHIVARAM KARANTH NAGAR, BENGALURU - 560 077. 7. SMT. MOTIA RANI ANAND, W/O SRI. SHAM NARAIN ANAND, AGED ABOUT 78 YEARS, R/AT NO. 20 AND 21, 'B' BLOCK, HOUSE NO. G-A, DIWANARAPALYA, 8TH 'A' CROSS, MSRIT POST, BENGLAURU - 560 054. 8. SRI. PAWAN KUMAR ANAND, S/O SHAM NARAIN ANAND, AGED ABOUT 56 YEARS, R/AT NO. 18 AND 19 'A' BLOCK, HOUSE NO. G-C, DIWANARAPALYA, 8TH 'A' CROSS, MSRIT POST, BENGLAURU - 560 054. 9. SRI. RECHARD A., S/O A. AMBROSE, - 4 - NC: 2025:KHC:324 MFA No. 7902 of 2024 AGED ABOUT 37 YEARS, R/AT NO. 327, OHLONES ST. FREMONT, CALOFPRMOA, UNITED STATES OF AMERICA-94539. REPRESENTED BY HIS GPA HOLDER SMT. JOSEPHINE SELVI, W/O LATE. AMBROSE, R/AT OLD NO. 5/292, NEW NO. 3-371, RICE MILL STREET, SARUGANI STREET, MARANISARUGANI, SHIVAGANGA, TAMIL NADU - 630 411. PRESENTLY RESIDING AT SMT. JOSEPHINE SELVI, W/O LATE. AMBROSE, NO. 4, 5TH CROSS, ESHWARAPPA LAYOUT, KOTHANURU, BENGLAURU - 560 077. 10. SMT. REVATHI V, D/O VIJAYAN, AGED ABOUT 35 YEARS, R/AT NO. 30, GROUND FLOOR, 11TH CROSS, SADASHIVA TEMPLE, KANAKADASA LAYOUT, MARUTHI SEVANAGAR POST, BENGALURU - 560 033. - 5 - NC: 2025:KHC:324 MFA No. 7902 of 2024 11. SRI. SUSANTA PAL, S/O BANAMALY PAL, AGED ABOUT 46 YEARS, R/AT NO. 30, 3RD FLOOR, S. NO. 1ST STREET, SOPPING ROAD CROSS, SHIVAJINAGARA, BENGLAURU - 560 001. 12. TOTAL ENVIRONMENT CONSTRUCTIONS PVT. LTD., HAVING ITS REGISTERED OFFICE AT 'IMAGINE', NO. 78, ITPL MAIN ROAD, EPIP ZONE, WHITEFIELD, BENGLAURU - 560 066. REPRESENTED BY ITS AUTHORIZED SIGNATORY SRI. VISHWAS N. GUPTA. …RESPONDENTS (BY SRI. G.A.SRIKANTE GOWDA, ADVOCATE FOR R1 & 5; SRI. VEERESH M. UPPIN, ADVOCATE FOR R4; SMT. ANUPARNA BORDOLOI, ADVOCATE FOR R12; VIDE ORDER DATED:5/12/2024, NOTICE TO R5 TO R10 IS DISPENSED WITH) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 25.11.2024 PASSED ON I.A. NO.I AND II IN O.S.NO. 2095/2024 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGLAURU, ISSUING EMERGENT NOTICE ON I.A.NOs. I AND II AND SUIT SUMMONS. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - NC: 2025:KHC:324 MFA No. 7902 of 2024 CORAM: HON'BLE MR JUSTICE K.NATARAJAN ORAL JUDGMENT Heard learned counsel for the appellant. 2. This appeal came to be filed as against the respondents, especially respondent No.12 as against the order passed by the Trial Court by issuing emergent notice to the defendants/respondents. The 12th respondent appeared and seeks short accommodation for filing objection and counsel for the respondent Nos.1 to 5 object the appeal on the maintainability as there is no executable order passed by the Trial Court. 3. On perusal of the order passed by the Trial Court, Trial Court only issued emergent notice to the defendants. I.A.No.1/2024 filed for ad-interim temporary injunction as against the defendant No.1 to 12 and I.A.No.2/2024 filed as against respondent No.12/defendant No.12 not to change the nature of the property until disposal of the suit. - 7 - NC: 2025:KHC:324 MFA No. 7902 of 2024 4. The Trial Court issued notice only to the respondents, there is no order or suitable order passed by the Trial Court. Though the date is fixed by the Trial Court on 18.01.2025. Considering the facts and circumstances and this co-ordinate bench already granted interim stay as against the respondent No.12. There is no earlier order, therefore the matter required for remitting back to the Trial Court for considering the interlocutory applications filed by the appellant/ plaintiff and the respondent shall appear before the court date fixed by the Trial Court. Accordingly, the appeal is disposed off. The matter is remitted back to the Trial Court for considering the interlocutory applications filed by the appellant. The order passed by this court by granting stay as against the defendant No.12 is extended till disposal of the IA.No.2/2024 by the Trial Court. The Trial Court is endeavor to dispose the interlocutory applications within four weeks from the date of receipt of copy of the order. - 8 - NC: 2025:KHC:324 MFA No. 7902 of 2024 The respondent shall appear before the Trial Court on 18.01.2025 without any further notice. Sd/- (K.NATARAJAN) JUDGE SRK List No.: 1 Sl No.: 28 CT:SK