- 1 - HC-KAR NC: 2025:KHC:31719 MFA No. 3587 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3587 OF 2019 (CPC) BETWEEN: SMT. SUJAYALAKSHMI W/O A C CHANDREGOWDA, AGED ABOUT 55 YEARS, R/AT NO.665, TRIVENI ROAD, YESHWANTHAPURA, BENGALURU – 560 022 …APPELLANT (BY SRI. SUNIL S.RAO, ADVOCATE FOR SRI. T SESHAGIRI RAO, ADVOCATE) AND: 1. SMT M B SUJATHA W/O H VASANTH KUMAR, AGED ABOUT 31 YEARS, R/AT NO.665/B, TRIVENI ROAD, YESHWANTHAPURA, BENGALURU - 560 022. 2. SMT SHOBHA W/O LATE NAGARAJU, AGED ABOUT 42 YEARS, 3. SRI SUNIL S/O LATE NAGARAJU, AGED ABOUT 22 YEARS, 4. KUMARI MEGANA D/O LATE NAGARAJU, AGED ABOUT 21 YEARS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31719 MFA No. 3587 of 2019 RESPONDENT NOS.2 TO 4 ARE RESIDING AT JALEGERE VILLAGE, THIPPURU POST, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT. 5. SMT H VIJAYALAKSHMI W/O R SUBBARAYAPPA, AGED ABOUT 63 YEARS, R/AT NO.155, 12TH B CROSS, 2ND B MAIN, YELAHANKA NEW TOWN, BENGALURU - 560 064 6. SRI KESHAVAMURTHY S/O LATE HANUMEGOWDA, AGED ABOUT 60 YEARS, 7. SRI H VASANTH KUMAR S/O LATE HANUMEGOWDA, AGED ABOUT 57 YEARS, RESPONDENT NOS.6 & 7 ARE RESIDING AT NO.575, 11TH MAIN ROAD, JAYANAGAR, 5TH BLOCK, BENGALURU - 560 041 8. SRI BHIMESH S/O HONNARAPPA, AGED ABOUT 45 YEARS, R/AT NERIGA, KUGURU, ANEKAL, BENGALURU – 562 125 9. SMT DEEPA W/O A SHASHIKIRAN, AGED ABOUT 34 YEARS, R/AT BELADINAGALU J.B COLONY, MAVASANDRA MAYASANDRA, BENGALURU – 562 107 …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:31719 MFA No. 3587 of 2019 (BY SRI. S V SHASTRI AND SRI. RAVINDRANATH K, ADVOCATES FOR C/R1) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.03.2019, PASSED BY THE XLII ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY (CCH-43) ON IA.NO.1 & 3 IN O.S. NO.5815/2018 AND PASS AN APPROPRIATE ORDER TO REJECT IA NO.1 BY ALLOWING THE ABOVE APPEAL WITH COST. ETC THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appeal is filed by the defendant No.5. The suit is filed for partition and separate possession. The trial Court has allowed the application - I.A.No.I filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC filed by the plaintiff restraining the defendant Nos.4 to 6, their assignees and/or anybody claiming under them from interfering with plaintiff's peaceful possession and enjoyment of 'A' schedule property and alienating 'A' to 'D' schedule properties. - 4 - HC-KAR NC: 2025:KHC:31719 MFA No. 3587 of 2019 2. It is submitted that now the matter is for cross- examination of defendant No.7 and the suit would be disposed of within few months. The appellant is defendant No.5 and the counsel for the appellant submitted that defendant No.5 desires to make some improvements on the 'A' schedule property. Though it is contended that the 'A' schedule property is self acquired property but that is matter for trial in the suit before the trial Court. If that be so, defendant No.5 - appellant is permitted to make improvement/modification subject to condition that 'A' schedule property should not be demolished and without disturbing the access of the plaintiff wherein the plaintiff is in possession in the first floor. With these observations, the appeal is disposed of. SD/- (HANCHATE SANJEEVKUMAR) JUDGE MH/- List No.: 1 Sl No.: 36