- 1 - HC-KAR NC: 2025:KHC:42915 MFA No. 5809 of 2025 C/W MFA No. 5814 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.5809 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.5814 OF 2025 IN MFA No.5809/2025 BETWEEN: SUNILKUMAR S/O R KRISHNAMURTHY, AGED ABOUT 38 YEARS, R/AT JANATHA COLONY, BANGARAKKANAHALLI VILLAGE, THURUVANURU HOBLI, CHITRADURGA DISTRICT - 577 517 …APPELLANT (BY SRI. KARTHIK P.M, ADVOCATE) AND: 1. SMT. K S MANJULA, W/O LATE B M BAKKESHWARAPPA, AGED ABOUT 65 YEARS, R/AT NO.308-A MARS CLASSIC APARTMENT, 1ST MAIN, 8TH CROSS, KENCHENAHALLI, R R NAGAR, BENGALURU-560 098. 2. PREM KUMAR, S/O LATE BAKKESHWARAPPA.B.M, AGED ABOUT 41 YEARS, R/AT NO.26, MINNERVA AVENUE, BALWYN NORTH VICTORIA, 3104 AUSTRALIA. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42915 MFA No. 5809 of 2025 C/W MFA No. 5814 of 2025 3. YASHASWINI BAKKESHWARAPPA D/O LATE BAKKESHWARAPPA, AGED ABOUT 34 YEARS, R/ATNO.39224, GUARDINO DRIVE APT 217, FREMONT CALIFORNIA USA REPRESENTED BY POA, A C PRABHU SHANKAR, S/O A CHUDEGOWDA, AGED ABOUT 54 YEARS, R/AT NO. 1230, SRI M. VIWSHWESWARAIAH LAYOUT, III BLOCK, BENGALURU-560 056 4. VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., REP BY ITS SECRETARY, NO.35, RATHNAVILAS ROAD, BASAVANAGUDI-560004 …RESPONDENTS (BY SRI.H.R.DURGA PRASAD, SRI.JAYANTH.K.M, ADVOCATE FOR C/R1 TO R3 IN CP 15681/2025.) THIS MFA FILED U/O 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 02.07.2025 PASSED ON I.A.NO.2 IN OS.NO. 3905/2023 ON THE FILE OF THE XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-8), PARTLY ALLOWING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. IN MFA NO.5814/2025 BETWEEN: SUNILKUMAR S/O R KRISHNAMURTHY, AGED ABOUT 38 YEARS, R/AT JANATHA COLONY, - 3 - HC-KAR NC: 2025:KHC:42915 MFA No. 5809 of 2025 C/W MFA No. 5814 of 2025 BANGARAKKANAHALLI VILLAGE, THURUVANURU HOBLI, CHITRADURGA DISTRICT - 577 517 ...APPELLANT (BY SRI. KARTHIK P M., ADVOCATE) AND: 1. SMT K S MANJULA W/O LATE B M BAKKESHWARAPPA, AGED ABOUT 65 YEARS, R/AT NO.308-A MARS CLASSIC APARTMENT, 1ST MAIN, 8TH CROSS, KENCHENAHALLI, RR NAGAR, BENGALURU - 560 098. 2. PREM KUMAR, S/O LATE BAKKESHWARAPPA AGED ABOUT 41 YEARS, R/AT NO.26, MINNERVA AVENUE, BALWYN NORTH VICTORIA, 3104 AUSTRALIA. 3. B. YASHASWINI BAKKESHWARAPPA D/O LATE BAKKESHWARAPPA, AGED ABOUT 34 YEARS, R/AT NO.39224, GUARDINO DRIVE APT 217, FREMONT CALIFRNIA USA REPRESENTED BY POA, A C PRABHU SHANKAR, S/O A CHUDEGOWDA, AGED ABOUT 54 YEARS, R/AT NO. 1230, SRI M.VIWSHWESWARAIAH LAYOUT, III BLOCK BENGALURU – 560 056 4. VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., REP BY ITS SECRETARY, - 4 - HC-KAR NC: 2025:KHC:42915 MFA No. 5809 of 2025 C/W MFA No. 5814 of 2025 NO.35, RATHNAVILAS ROAD, BASAVANAGUDI - 560 004 ...RESPONDENTS (BY SRI.H.R. DURGA PRASAD, SRI. JAYANTH K.M., ADVOCATE FOR C/R NOS.1 TO 3 IN CP NO.15681/2025) THIS MFA FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DT.02.07.2025 ON IA NO.1 IN O.S.NO.3905/2023 ON THE FILE OF THE XI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, (CCH-8), ALLOWING IA NO.1 FILED U/O.39 RULES 1 AND 2 R/W SEC.151 OF CPC. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeals are listed for orders, with consent of both the learned counsel appearing for the parties, the matters are taken up for final disposal. 2. MFA No.5809/2025 is filed by defendant No.2 in O.S.No.3905/2025 challenging the order dated 02.07.2025 passed on I.A.No.2 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.3905/2025 on the file of XI Additional City Civil and Sessions Judge, - 5 - HC-KAR NC: 2025:KHC:42915 MFA No. 5809 of 2025 C/W MFA No. 5814 of 2025 Bengaluru City (CCH-8)1, thereby, an order was passed on the application filed for temporary injunction to the effect that the defendants shall not claim equity over the construction if the plaintiffs' title is upheld. 3. MFA No.5814/2025 is also filed by defendant No.2 in O.S.No.3905/2025 challenging the order dated 02.07.2025 passed on I.A.No.1 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.3905/2025 on the file of XI Additional City Civil and Sessions Judge, Bengaluru City (CCH-8), thereby, the application filed seeking to grant an order of temporary injunction was allowed restraining the defendants or anyone claiming through them from creating any third party interests on the suit schedule properties until disposal of the suit. 4. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the Trial Court. 1 hereinafter referred to as 'the Trial Court' for short - 6 - HC-KAR NC: 2025:KHC:42915 MFA No. 5809 of 2025 C/W MFA No. 5814 of 2025 5. The plaintiffs have filed the suit for declaration and for permanent injunction. 6. In MFA No.5809/2025, the impugned order passed by the Trial Court on I.A.No.2, reads as follows: “ORDER I.A.No.2 filed by the plaintiffs under Order XXXIX Rule 1 and 2 read with Section 151 CPC is hereby allowed in part. No injunction is granted against further construction, as substantial construction is already complete, but defendants are barred from claiming equity over the construction if the plaintiffs’ title is upheld. No order as to costs.” 7. In MFA No.5814/2025, the impugned order passed by the Trial Court on I.A.No.1, reads as follows: “ORDER I.A.No.1 filed by the plaintiffs under Order XXXIX Rule 1 and 2 read with Section 151 CPC is hereby allowed. The defendants or anyone claiming through them are restrained from creating any third-party interests on the suit schedule property, until the disposal of the suit. No order as to costs.” - 7 - HC-KAR NC: 2025:KHC:42915 MFA No. 5809 of 2025 C/W MFA No. 5814 of 2025 8. The Trial Court has only passed order that the defendants shall not claim any equity over the construction if the plaintiffs' title is upheld and the defendants are restrained from creating any third party interests on the suit schedule properties until disposal of the suit. This is the only nature of order passed by the Trial Court on two interlocutory applications (IAs’). 9. There is no order on injunction against the appellant/defendant No.2 restraining from construction. The only order is to the effect that the defendants shall not claim any equity in case the plaintiffs' title is upheld. Another nature of order is not to create any third party interests on the suit schedule property during pendency of the suit. 10. These are the only two orders passed on two injunction applications by the Trial Court, which do not infringe the rights of the appellant/defendant No.2 in any way during pendency of the appeals. Hence, there is no need to make any interference in the said orders. - 8 - HC-KAR NC: 2025:KHC:42915 MFA No. 5809 of 2025 C/W MFA No. 5814 of 2025 Therefore, the appeals are liable to be dismissed. Accordingly, the appeals are dismissed. 11. However, the Trial Court is directed to expedite the trial and dispose of the suit on merits as expeditiously as possible. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 24