Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:27430 MFA No. 5082 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 5082 OF 2025 (CPC) BETWEEN:
SRAVAN KUMAR REDDY K AGED ABOUT 43 YEARS MANAGING PARTNER SIZZLE PROPERTIES, NO.290 6TH CROSS, VIJAYA BANK COLONY MAIN ROAD, DODDA BANASWADI BENGALURU-560 043 …APPELLANT (BY SRI. SHIVASHANKAR K, ADVOCATE) AND:
1. SMT. ASWATHA D/O SHANKARAPPA REDDY AGED ABOUT 67 YEARS R/AT NO.20, AIYAPPA LAYOUT OPPOSITE ISR SUKRITHI APARTMENT NEAR VARTHUR POLICE STATION THIPPASANDRA ROAD, VARTHUR BENGALURU-560 087
2. SMT. CHAMPA D/O SHANKARAPPA REDDY AGED ABOUT 62 YEARS R/AT NO.7, 3RD MAIN 4TH CROSS, L.B.SHASTRINAGAR HAL POST, BENGALURU-560 017
Digitally signed by ANJALI M Location: High Court of Karnataka
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3. SMT. BHAGYA D/O SHANKARAPPA REDDY AGED ABOUT 57 YEARS R/AT B-02, NATURA VILLAS CHAMBENAHALLI DOMMASANDRA POST BENGALURU-562 125
4. SMT. SHARADA D/O SHANKARAPPA REDDY AGED ABOUT 75 YEARS R/AT NO.245, AMBATI, 6TH CROSS BEHIND DEVI EYE HOSPITAL HSR 5TH SECTOR BENGALURU-560 102
5. SMT. UMA D/O SHANKARAPPA REDDY AGED ABOUT 60 YEARS R/AT NO. 220, SHAKTI NIVAS 1ST MAIN, CHANDRA REDDY LAYOUT S.T. BED LAYOUT, 4TH BLOCK KORAMANGALA, BENGALURU
6. SMT. AMMAYAMMA D/O LATE BANKADARAYAPPA AGED ABOUT 77 YEARS SURIGANAHALLI POST YELLASANDRA POST BANGARPETE TALUK, KOLAR DISTRICT
7. MR. H.R. RAJESH S/O LATE B. NAGARATHNA AGED ABOUT 42 YEARS
8. SMT. H.R. RAMYA D/O LATE B. NAGARATHNA AGED ABOUT 39 YEARS
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RESPONDENTS NO.7 AND 8 R/AT NO. 401, 3RD FLOOR LAKEMONT REGENCY RAMAIAH REDDY COLONY B SECTOR, BASAVANAGAR BENGALURU-560 037
9. MRS. SAROJAMMA W/O LATE SRINIVASA REDDY AGED ABOUT 78 YEARS
10. MR. SUBASCHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 53 YEARS
11. MR. S. JAGADEESH CHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 51 YEARS
12. MR. SATHISH CHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 49 YEARS
13. MR. GIRISH CHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 47 YEARS
14. MR. S. PRAFULLA CHANDRA REDDY S/O LATE B. SRINIVASA REDDY AGED ABOUT 56 YEARS
RESPONDENTS NO.9 TO 14 ARE R/AT NO.301, 3RD FLOOR LAKE MONT ORCHID APARTMENT 1ST CROSS, L.B. SHASTRI NAGAR HAL POST, BENGALURU-560 017
15. MRS.
RAJESHWARI G W/O LATE B. SHAMANNA AGED ABOUT 71 YEARS
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16. MR. PRAMOD S S/O LATE B. SHAMANNA AGED ABOUT 47 YEARS
17. MR. VINOD. S S/O LATE B. SHAMANNA AGED ABOUT 48 YEARS
RESPONDENTS NO.15 TO 17 R/AT NO. B-408, 4TH FLOOR FORTUNA BLUE WINGS TALACAUVERY LAYOUT BENGALURU-560 037
18. MRS. JAYALAKSHMI W/O LATE B. NARAYANA REDDY AGED ABOUT 76 YEARS
19. MR. ADASHRA N. REDDY S/O LATE B. NARAYANA REDDY AGED ABOUT 41 YEARS
20. DR. RAJYASHREE D/O LATE B. NARAYANA REDDY AGED ABOUT 46 YEARS
RESPONDENTS NO.18 TO 20 R/AT NO. 1958, CHINNANNA NIVAS 14TH B CROSS, 22ND MAIN HSR LAYOUT SECTOR-1 BENGALURU-560 102
21. MR. JAYARAMA REDDY S/O LATE BANKADARAYAPPA REDDY AGED ABOUT 72 YEARS
22. MRS. SNEHA REDDY D/O B. JAYARAMA REDDY AGED ABOUT 34 YEARS
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23. MR. DEEPAK J. REDDY S/O B. JAYARAMA REDDY AGED ABOUT 32 YEARS NO. B 404, 4TH FLOOR FORTUNA BLUE WINGS TALACAUVERY LAYOUT BENGALURU-560 037
24. MRS. R. BHAGYA LAKSHMI W/O LATE B. KRISHNA REDDY AGED ABOUT 71 YEARS
25. MRS. SHANTHALA SHEKAR D/O LATE B. KRISHNA REDDY AGED ABOUT 42 YEARS
26. MR. BALAJI REDDY S/O LATE B. KRISHNA REDDY AGED ABOUT 40 YEARS
RESPONDENTS NO.21, 22, 23, 24 to 26 R/AT NO. 201, C BLOCK FORTUNA BLUE WINGS TALACAUVERY LAYOUT BENGALURU-560 037
27. MR. MUDDU KRISHNA REDDY B S/O LATE BANKADARAYAPPA AGED ABOUT 76 YEARS
28. MR KARTHIK M S/O MUDDUKRISHNA REDDY B AGED ABOUT 36 YEARS
29. MR. ABHISHEK M S/O MUDDU KRISHNA REDDY AGED ABOUT 39 YEARS
RESPONDENTS NO.27 TO 29 ARE R/AT NO. B-403, FORTUNA BLUE WINGS
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TALACAUVERY LAYOUT BENGALURU-560 037
30. S. RAJAGOPALA REDDY S/O LATE E. SHANKARAPPA REDDY AGED ABOUT 79 YEARS
31. MR.
JAYANTH REDDY S/O RAJAGOPALA REDDY AGED ABOUT 45 YEARS
RESPONDENTS NO.30 AND 31 ARE R/AT NO.3, TATA SHERWOOD ROAD E SHANKARAPPA REDDY GARDEN BASAVANAGAR, MARATHALLI COLONY BENGALURU-560 037
32. MR. S. NAGARAJA REDDY S/O LATE E. SHANKARAPPA REDDY AGED ABOUT 73 YEARS
33. MR. SANDEEP REDDY S/O NAGARAJA REDDY AGED ABOUT 42 YEARS
34. MRS. DEEPTHI REDDY D/O NAGARAJA REDDY AGED ABOUT 38 YEARS
RESPONDENTS NO.32 TO 34 ARE R/AT NO. 33, LAKSHMI NILAYA 1ST PHASE, 5TH CROSS BEHIND BASAVANAGAR BUS STOP VEERABHADRANAGAR MARATHAHALLI COLONY BENGALURU-560 037
35. MR. S. CHANDRASHEKARA REDDY S/O LATE E. SHANKARAPPA REDDY AGED ABOUT 71 YEARS
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36. MR. RAKSHITH REDDY S/O S. CHANDRASHEKARA REDDY AGED ABOUT 35 YEARS
37. MRS. RASHMI REDDY D/O S. CHANDRASHEKARA REDDY AGED ABOUT 35 YEARS
RESPONDENTS NO.35 TO 37 ARE R/AT NO. 1, TATA SHERWOOD ROAD E SHANKARAPPA REDDY GARDEN BASAVANAGAR, MARATHALLI COLONY BENGALURU-560 037
38. S. VIJAYA RAGHAVA REDDY S/O LATE E. SHANKARAPPA REDDY AGED ABOUT 67 YEARS
39. ANANYA REDDY D/O S. VIJAYARAGHAVA REDDY AGED ABOUT 32 YEARS
40. AKANKSHA REDDY D/O S. VIJAYARAGHAVA REDDY AGED ABOUT 29 YEARS
RESPONDENTS NO. 38 TO 40 ARE R/AT NO.153, JAYASHANKARA DREAM MEADOWS LAYOUT, KUNDALAHALLI MARATHAHALLI COLONY BENGALURU-560 037
41. M. PARAMAHAMSA REDDY S/O PARAMAHAMSA AGED ABOUT 57 YEARS
42. GEETHA. G W/O LATE M. VIVEKANANDA REDDY AGED ABOUT 54 YEARS
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43. M. PADMA W/O K. MUNASWAMY REDDY AGED ABOUT 63 YEARS
44. M. SAVITHRI W/O PRASAD REDDY AGED ABOUT 63 YEARS
45. M. PAAPAMMA W/O Y.S. KRISHNA AGED ABOUT 69 YEARS
46. M. RUKMINI W/O LAKSHMAN REDDY AGED ABOUT 71 YEARS
RESPONDENTS NO.41 TO 46 ARE R/AT NO. 101, 2ND CROSS 1ST MAIN, BOMMANAHALLI BENGALURU-560 068
47. KANAKAMMA W/O M. RAMA REDDY AGED ABOUT 78 YEARS NO.58, NEAR RAMA TEMPLE ANNASANDRAPALYA MAIN ROAD ANNASANDRAPALYA, HAL POST BENGALURU-560 017
48.
RAJASHANKAR REDDY S/O LATE M. RAMA REDDY AGED ABOUT 56 YEARS R/AT NO. 263, 4TH FLOOR S.M. MEADOWS, TALACAUVERY LAYOUT BASAVANAGAR, MARATHAHALLI POST BENGALURU-560 037
49. RAJAPRAKASH REDDY S/O LATE M. RAMA REDDY AGED ABOUT 52 YEARS
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R/AT NO. R4411, ROSEWOOD BLOCK TALACAUVERY LAYOUT, BASAVANAGAR MARATHAHALLI POST BENGALURU-560 037
50. RAJESH REDDY S/O LATE M. RAMA REDDY AGED ABOUT 40 YEARS R/AT NO. 402, SILVER SPRINGS APTS 6TH MAIN, OPP. SBI BANK DODDANEKKUNDI, MARATHAHALLI POST BENGALURU-560 037
51. G. SRINIVASA REDDY S/O M. GOVINDA REDDY AGED ABOUT 51 YEARS
52. G. ASWATHANARAYANA REDDY S/O M. GOVINDA REDDY AGED ABOUT 49 YEARS
53. M. NAGARAJ S/O LATE E. MUNISWAMAPPA AGED ABOUT 73 YEARS
RESPONDENTS NO. 51 TO 53 ARE R/AT NO. 58, NEAR RAMA TEMPLE ANNASANDRAPALYA MAIN ROAD ANNASANDRAPALYA, HAL POST BENGALURU-560 017 …RESPONDENTS (BY SMT. AKSHATHA SHETTY K, ADVOCATE FOR R1 & R2;
VIDE TODAYS ORDER NOTICE TO OTHER RESPONDENTS IS DISPENSED WITH [R3 TO R53)
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.02.04.2025 PASSED ON IA NO.1 IN O.S.NO.26018/2022 ON THE FILE OF THE 74TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CCH-75, ALLOWING THE I.A NO.1 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. - 10 -
HC-KAR NC: 2025:KHC:27430 MFA No. 5082 of 2025
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL JUDGMENT
Heard the arguments of learned counsel for the appellant and learned counsel for respondent Nos.1 and 2.
2. Defendant No.45/appellant has preferred this appeal, being aggrieved by the order dated 02.04.2025 passed in O.S.No.26018/2022 by the 74th Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru (CCH- 75), wherein the learned trial Court has allowed I.A.No. I filed by the plaintiffs under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 (for short, "CPC"), and granted temporary injunction against all the defendants restraining them from alienating the suit schedule property till disposal of the suit.
3. It is submitted by learned counsel for the appellant/defendant No. 45 that, in O.S.No.26018/2022, the appellant/defendant No. 45 was placed ex-parte. The
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other defendants appeared and contested I.A.No. I filed by the plaintiff under Order XXXIX Rule 1 and 2 read with Section 151 of CPC seeking temporary injunction restraining the defendants from alienating the suit schedule properties.
4. He further submits that, in the absence of defendant No.45, the said application came to be allowed. As the blanket order is issued by the trial Court, granting temporary injunction in respect of all the properties, now the appellant, being aggrieved by the said order, is before this Court. He submits that, this appellant is concerned with Item no. 3 of the schedule property only. He submits that, he has already moved an application before the trial Court to set aside the ex-parte order passed in O.S.No.26018/2022, and the said application is still pending consideration before the trial Court. He submits that, as he is highly aggrieved by the impugned order, he prays to set aside the said order.
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5. On the other hand, the learned counsel for respondent Nos. 1 and 2 submit that, being aggrieved by the said order itself, one Rajagopala Reddy, being one of the defendants in the appeal has filed MFA No. 3153/2025 before this Court. This Court has dismissed the said appeal vide judgment dated 26.04.2025 and even it is
directed the trial Court to time-bound disposal of the case. So far as other defendants are concerned, they have not preferred any appeal.
6. I have given my anxious consideration to the
arguments of both the counsels.
7. Evidently, the present appellant is placed ex- parte in O.S.No.26018/2022 and now, as per the submission of the learned counsel for the appellant, this defendant No.45 has filed an application to set aside the ex-parte order and the said application is still pending
consideration by the trial Court. As the other defendants, who have suffered the said injunction order have not
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preferred any appeal and one appeal was preferred by one Rajagopala Reddy and it was dismissed by this Court. The present appellant without seeking for setting aside the ex-parte order and modification of the impugned order, the appellant cannot maintain this appeal. The remedy is very much available to the appellant to seek appropriate relief of setting aside ex-parte order from the hands of the trial Court in O.S.No.26018/2022.
8. It is for the trial Court to decide the lis between the plaintiff and defendants. As the appellant is having an efficacious remedy to seek setting aside of modification of the impugned order, placing him ex-parte and without availing that remedy, he cannot maintain this appeal. Therefore, this appeal is disposed of with liberty to the appellant to seek appropriate remedy before the trial Court.
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9. The application, if filed by the appellant/defendant No.45 be considered by the trial Court on its merits.
10. No orders as to cost.
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE
AM List No.: 1 Sl No.: 22