- 1 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7560 OF 2023 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 7507 OF 2023 (CPC) MISCELLANEOUS FIRST APPEAL NO. 7591 OF 2023 (CPC) MISCELLANEOUS FIRST APPEAL NO. 7663 OF 2023 (CPC) IN MFA No. 7560/2023 BETWEEN: SOMA SEKHARA KODAVATI S/O LATE SIVA PRASAD KODAVATI, AGED ABOUT 36 YEARS, R/AT NO.823, SRINIVASA REDDY LAYOUT, AVALAHALLI ANJANAPURA ROAD, J P NAGARA, 9TH PHASE, BENGALURU - 560 062. …APPELLANT (BY SRI. SHARATH S. GOWDA, ADVOCATE) AND: 1. SMT. M PRABHAVATHI W/O C R LAKSHMINARAYAN, AGED ABOUT 55 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU - 560 071. REPRESENTED BY HER GPA HOLDER, MR R.L. MAYUR SUPRATHIK, S/O C R LAKSHMINARAYAN, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER AGED ABOUT 22 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU - 560 071. 2. M/S SUNRISE GROUP REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.780, 9TH A MAIN, INDRANAGAR, 1ST STAGE, BENGALURU - 560 038, REPRESENTED BY ITS PARTNERS. 3. SRI B. RAJANNA S/O VARADAPPA, AGED ABOUT 41 YEARS, R/AT NO.25, BENDIGANAHALLI, MANDUR POST, BENGALURU EAST TALUK, BENGALURU - 560 049. 4. SMT M.S. DHANALAKSHMI W/O R SHANKAR, AGED ABOUT 47 YEARS, 5. SRI. JYOTHIR TEJOMAY S S/O R SHANKAR, AGED ABOUT 27 YEARS, BOTH RESPONDENT NO.4 AND 5 ARE R/AT 424, 4TH G MAIN ROAD, HRBR LAYOUT, 2ND BLOCK, KALYANNAGAR, BENGALURU - 560 043. …RESPONDENTS (VIDE ORDER DATED 23.08.2025, NOTICE TO R1 IS HELD SUFFICIENT; VIDE ORDER DATED 17.11.2023, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 05.08.2023 PASSED ON I.A. NOs.1 AND 2 IN O.S.NO. 480/2023 ON THE FILE OF THE C/c VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING I.A. NOs. 1 AND 2 FILED - 3 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER UNDER ORDER XXXIX RULES 1 AND 2 READ WITH SECTION 151 OF CPC. IN MFA NO. 7507/2023 BETWEEN: K SUBRAMANYAM REDDY S/O K VENKATARAMI REDDY, AGED ABOUT 29 YEARS, R/AT GROUND FLOOR, BEHIND KRISHNAPPA COMPOUND, BIDARAHALLI MAIN ROAD, AVALAHALLI OLD MADRAS ROAD, BANGALORE - 560 049. ...APPELLANT (BY SRI. SHARATH S. GOWDA, ADVOCATE) AND: 1. SMT. M PRABHAVATHI W/O C R LAKSHMINARAYAN, AGED ABOUT 55 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU - 560 071. REPRESENTED BY HER GPA HOLDER, MR R.L. MAYUR SUPRATHIK, S/O C R LAKSHMINARAYAN, AGED ABOUT 22 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU - 560 071. 2. M/S. SUNRISE GROUP REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.780, 9TH A MAIN, INDRANAGAR, 1ST STAGE, BENGALURU - 560 038, REPRESENTED BY ITS PARTNERS. - 4 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER 3. SRI B. RAJANNA S/O VARADAPPA, AGED ABOUT 41 YEARS, R/AT NO.25, BENDIGANAHALLI, MANDUR POST, BENGALURU EAST TALUK, BENGALURU - 560 049. 4. SMT M.S. DHANALAKSHMI W/O R SHANKAR, AGED ABOUT 47 YEARS, 5. SRI. JYOTHIR TEJOMAY S S/O R SHANKAR, AGED ABOUT 27 YEARS, BOTH RESPONDENT NO.4 AND 5 ARE R/AT 424, 4TH G MAIN ROAD, HRBR LAYOUT, 2ND BLOCK, KALYANNAGAR, BENGALURU - 560 043. ...RESPONDENTS (VIDE ORDER DATED 23.08.2025, NOTICE TO R1 IS HELD SUFFICIENT; VIDE ORDER DATED 17.11.2023, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 05.08.2023 PASSED ON I.A.NOS.1 AND 2 IN OS.NO. 469/2023 ON THE FILE OF THE THE C/C VII ADDITIONAL SENOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.NOS I AND II FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. IN MFA NO. 7591/2023 BETWEEN: SRI. SUPRABHATH PANTHULA S/O HARINATH PANTHULA, AGED ABOUT 44 YEARS, R/AT NO. C104, GARUDA ROYAL HOMES BESIDE BESCOM OFFICE, - 5 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER 3RD CROSS, VINAYAKA LAYOUT, NEAR T C PALYA SIGNAL, KR PURAM, BENGALURU - 560 036. REPRESENTED BY HER GPA HOLDER, MR. GANAPATHI KAMALNATH KIRANKUMAR, S/O G V KAMALNATHKUMAR, AGED ABOUT 47 YEARS, R/AT NO.C-103, GARUDA ROYAL HOMES 7TH CROSS STREET, BESIDE BESCOM OFFICE, KR PURAM, BENGALURU - 560 049. ...APPELLANT (BY SRI. SHARATH S. GOWDA, ADVOCATE) AND: 1. SMT. M PRABHAVATHI W/O C R LAKSHMINARAYAN, AGED ABOUT 55 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU - 560 071. REPRESENTED BY HER GPA HOLDER, MR R.L. MAYUR SUPRATHIK, S/O C R LAKSHMINARAYAN, AGED ABOUT 22 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU - 560 071. 2. M/S SUNRISE GROUP REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.780, 9TH A MAIN, INDRANAGAR, 1ST STAGE, BENGALURU - 560 038, REPRESENTED BY ITS PARTNERS. 3. SRI B. RAJANNA S/O VARADAPPA, AGED ABOUT 41 YEARS, - 6 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER R/AT NO.25, BENDIGANAHALLI, MANDUR POST, BENGALURU EAST TALUK, BENGALURU - 560 049. 4. SMT M.S. DHANALAKSHMI W/O R SHANKAR, AGED ABOUT 47 YEARS, 5. SRI. JYOTHIR TEJOMAY S S/O R SHANKAR, AGED ABOUT 27 YEARS, BOTH RESPONDENT NO.4 AND 5 ARE R/AT 424, 4TH G MAIN ROAD, HRBR LAYOUT, 2ND BLOCK, KALYANNAGAR, BENGALURU - 560 043. ...RESPONDENTS (VIDE ORDER DATED 23.08.2025, NOTICE TO R1 IS HELD SUFFICIENT; VIDE ORDER DATED 17.11.2023, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS MFA IS FILED U/O.43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 05.08.2023 PASSED ON IA NO.1 IN O.S.NO.485/2023 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING IA NO.1 FILED U/O.39 RULES 1 AND 2 R/W SEC.151 OF CPC. IN MFA NO. 7663/2023 BETWEEN: 1. SRI. CHANDRA SHEKAR. K S/O. OBULAPPA. K, AGED ABOUT 46 YEARS, 2. SMT. CHAITANYA PATNAM W/O. CHANDRA SHEKAR. K, AGED ABOUT 39 YEARS, - 7 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER BOTH ARE R/AT NO. 103, 5TH CROSS, MUNESHWARA LAYOUT, NEAR SEA COLLEGE, AYYAPPANAGAR, BANGALORE - 560 036, REPRESENTED BY THEIR GPA HOLDER, MR. UDAYA BHASKAR KAMARAKURU, S/O. K. OBULAPPA, AGED ABOUT 44 YEARS, R/AT NO. 1079, NALANDA, 11TH CROSS, SWARNANAGAR, BANGARPET, ROBERTSONPET, KGF, KOLAR - 563 122. ...APPELLANTS (BY SRI. SHARATH S. GOWDA, ADVOCATE) AND: 1. SMT. M PRABHAVATHI W/O C R LAKSHMINARAYAN, AGED ABOUT 55 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU - 560 071. REPRESENTED BY HER GPA HOLDER, MR R.L. MAYUR SUPRATHIK, S/O C R LAKSHMINARAYAN, AGED ABOUT 22 YEARS, R/AT NO.277, 6TH CROSS, 1ST MAIN ROAD, DOMLUR LAYOUT, BENGALURU - 560 071. 2. M/S SUNRISE GROUP REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT NO.780, 9TH A MAIN, INDRANAGAR, 1ST STAGE, BENGALURU - 560 038, REPRESENTED BY ITS PARTNERS. - 8 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER 3. SRI B. RAJANNA S/O VARADAPPA, AGED ABOUT 41 YEARS, R/AT NO.25, BENDIGANAHALLI, MANDUR POST, BENGALURU EAST TALUK, BENGALURU - 560 049. 4. SMT M.S. DHANALAKSHMI W/O R SHANKAR, AGED ABOUT 47 YEARS, 5. SRI. JYOTHIR TEJOMAY S S/O R SHANKAR, AGED ABOUT 27 YEARS, BOTH RESPONDENT NO.4 AND 5 ARE R/AT 424, 4TH G MAIN ROAD, HRBR LAYOUT, 2ND BLOCK, KALYANNAGAR, BENGALURU - 560 043. ...RESPONDENTS (VIDE ORDER DATED 23.08.2025, NOTICE TO R1 IS HELD SUFFICIENT; VIDE ORDER DATED 17.11.2023, NOTICE TO R2 TO R5 IS DISPENSED WITH) THIS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED.05.08.2023 PASSED ON I.A.NOS.1 AND 2 IN OS.NO.483/2023 ON THE FILE OF THE C/C VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE I.A.NOS 1 AND 2 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR - 9 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER ORAL COMMON JUDGMENT M.F.A.Nos.7560/2023, 7507/2023 and 7591/2023 are filed by the appellant/defendant No.5 in the suits in O.S.Nos.480/2023, 469/2023, 485/2023 respectively and M.F.A. No.7663/2024 is filed by the appellants/defendant Nos.5 & 6 in O.S.No.483/2023, whereby the trial Court has granted an order of temporary injunction. 2. The appellants are defendant No.5 who have purchased the site from defendant No.1 partnership Firm. There were inner disputes among the partners and there was reconstitution of partnership deed. Thereafter, excluding the plaintiff, the other defendants who are partners in the Firm have executed registered sale deed in favour of appellant/defendant No.5 and by virtue of this, the appellant/defendant No.5 is in possession of the suit property. When this being the fact, the inner disputes among the partners of the partnership Firm, the purchaser's right cannot be affected. This Court in M.F.A. No.6405/2023 and connected matters dated 10.10.2023 - 10 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER ordered allowing the appeals filed by the purchasers and vacated the order of injunction. Therefore, these appeals are also purely covered by the above said order. Hence, when this being the fact, if there is inner disputes among the partners of the Firm that can be worked out by the partners in the other arbitral proceedings and the said proceedings is pending in Commercial Arbitration Application No.9/2022 before the Commercial Court. In the said proceedings, there is stay not to alienate remaining sites but the site purchased by appellant No.5 is not coming within the subject matter of the proceedings in Commercial Court. Therefore, when appellant No.5 is shown to be the prima facie owner of the property throughout the proceedings in the partnership deed duly executed by other partners, then the rights of the appellants shall not be affected by virtue of the interim order of injunction. Therefore, it is a fit case to vacate the order of temporary injunction granted by the trial Court. Hence, the appeals are liable to be allowed. - 11 - HC-KAR NC: 2025:KHC:33316 MFA No. 7560 of 2023 C/W MFA No. 7507 of 2023 MFA No. 7591 of 2023 AND 1 OTHER 3. Accordingly, the appeals are allowed. The order of temporary injunction granted by the trial Court is vacated. 4. The trial Court shall dispose of the suits as expeditiously as possible. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA List No.: 1 Sl No.: 47 CT: BHK