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2026 DAILYLAW 46664 (KAR)

SRI H C JAYARAM v. SRI KRISHNAPPA

MFA/6336/2018 · 2026-02-04

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS FIRST APPEAL NO.6336 OF 2018 (CPC) BETWEEN: SRI H. C. JAYARAM AGED ABOUT 60 YEARS S/O. LATE CHIKKA PULLAPPA R/AT HORAMAVU VILLAGE K. R. PURAM HOBLI BENGALURU-560 043 …APPELLANT (BY SRI MOHAN S., ADVOCATE) AND: 1. SRI KRISHNAPPA AGED ABOUT 72 YEARS S/O. LATE CHIKKA PULLAPPA R/AT HORAMAVU VILLAGE K. R. PURAM HOBLI BENGALURU-560 043 2. SRI C. MUNIRAJU AGED ABOUT 69 YEARS S/O. LATE CHIKKA PULLAPPA R/AT NO.91, KARIYAPPA BUILDING RAMAKRISHNA STORE MARAMMA TEMPLE STREET 6TH CROSS, VASANTHANAGRA BENGALURU-560 052 3. SRI H. SRINIVAS AGED ABOUT 54 YEARS S/O. LATE CHIKKA PULLAPPA Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 R/AT NO.17 LAKSHMIVENKATESHWARA NILAYA IST CROSS, ANNAYAPPA GARDEN JARAGANAHALLI, BENGAURU-560 073 4. SRI H. C. MANJUNATH AGED ABOUT 46 YEARS S/O. LATE CHIKKA PULLAPPA R/AT 2ND CROSS, T C P LAYOUT NEAR PANCHAYATH OFFICE HORAMAVU AGARA ROAD BENGALURU-560 043 5. SRI H. C. GAJENDRA SINCE DEAD BY HIS LEGAL REPRESENTATIVES SMT. BHRAMARA AGED ABOUT 48 YEARS W/O. LATE GAJENDRA 6. JAYACHIN G. AGED ABOUT 22 YEARS S/O. GAJENDRA 7. PRAFUL G. AGED ABOUT 18 YEARS S/O. GAJENDRA RESPONDENT NOS.5 TO 7 ARE RESIDING AT NO.16, 1ST CROSS LAKSHMI ROAD, SHANTHINAGARA BENGALURU-560 026 8. SMT. C. YELLAMMA SINCE DEAD BY HER LEGAL REPRESENTATIVES SRI LAKSHMINARAYANA AGED ABOUT 45 YEARS S/O. YELLAPPA - 3 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 9. SMT. VASANTHA AGED ABOUT 43 YEARS W/O. PULLAPPA 10. SMT. RENUKA AGED ABOUT 42 YEARS W/O. HARISH 11. SRI PRAKASHA AGED ABOUT 39 YEARS S/O. YELLAPPA 12. SRI MOHAN AGED ABOUT 37 YEARS S/O. YELLAPPA 13. SMT. HEMAVATHI AGED ABOUT 35 YEARS W/O. PUTUSHOTHAM RESPONDENT NOS.8 TO 13 ARE RESIDING AT NO.5, 11TH 'A' CROSS 3RD MAIN, SAMPANGIRAMANAGARA BENGALURU-560 027 14. SMT. CHANDRAMMA AGED ABOUT 60 YEARS W/O. LATE KRISHNAPPA DEVINAGARA, KANNURAMMA TEMPLE STREET RMV POST BENGALURU-560 094 15. SMT. MUJEEBUNNEESA AGED ABOUT 38 YEARS W/O. SYED AYAZ R/AT NO.35, LAZAR ROAD 2ND CROSS, IST MAIN FRAZER TOWN BENGALURU-560 005 - 4 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 16. SMT. RESHMA SHERIFF AGED ABOUT 32 YEARS W/O. SYED MANZUR AHAMED NO.31, COCKBURN ROAD BENGALURU-560 051 17. SRI PATEL HARILAL AGED ABOUT 54 YEARS 18. SRI PATEL BABULAL @ MAHENDRA AGED ABOUT 46 YEARS 19. PATEL JAYANTHILAL AGED ABOUT 41 YEARS 20. SRI PATEL KUMAR AGED ABOUT 39 YEARS RESPONDENT NOS.17 TO 20 ARE SONS OF LATE BHIMJI DHOLU AND ALL ARE R/AT NO.196 VIJAYA BANK COLONY HORAMAVU BENGALURU SOUTH TALUK 21. SMT. RADHA AGED ABOUT 41 YEARS R/AT SY. NO.26 OF HORAMAVU VILLAGE BENGALURU SOUTH TALUK 22. SRI JACOB LAZARAUS CHELLI AGED ABOUT 70 YEARS FATHERS NAME NOT KNOWN TO THE APPELLANT R/A NO.26, SARASWATHI ROAD MARUTHISEVA NAGAR BENGALURU-560 023 23. M/S. KILLIC NIXON & COMPANY LIMITED BY ITS DIRECTOR SRI DARSH TEJKUMAR RUIA AGED ABOUT 39 YEARS - 5 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 S/O. TEJKUMAR BALAKRISHNA RUIA CHANDIVALI, ANDHERI(E) MUMBAI-400 072 24. SRI JEEVARAJ AGED ABOUT 63 YEARS S/O. AMARCHAND 25. SMT. KAMALABAI AGED ABOUT 59 YEARS W/O. JEEVARAJ RESPONDENT NOS.24 AND 25 ARE R/AT NO.84, G.NO.10TH STREET ULSOOR BENGALURU-560 008 26. SRI ASHOKCHAND AGED ABOUT 46 YEARS S/O. JEEVARAJ 27. SMT. MANJU BAI AGED ABOUT 39 YEARS W/O. ASHOKCHAND RESPONDENT NOS.26 AND 27 ARE RESIDING AT 15, DODDAKATAPPA ROAD CROSS, ULSOOR, BENGALURU-560 008 28. SRI RAJESH KUMAR AGED ABOUT 38 YEARS S/O. JEEVARAJ 29. SRI CHANDAN BALA AGED ABOUT 34 YEARS S/O. RAJESH KUMAR RESPONDENT NOS.28 AND 29 ARE RESIDING AT 84, G.NO.10TH STREET - 6 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 ULSOOR BENGALURU-560 008 30. SRI YELLAPPA AGED ABOUT 38 YEARS S/O. C. KRISHNAPPA 31. SMT. SHOBHA AGED ABOUT 36 YEARS D/O. C. KRISHNAPPA 32. SMT. VARALAKSHMI AGED ABOUT 34 YEARS D/O. C. KRISHNAPPA RESPONDENT NOS.30 TO 32 RESIDING AT NO.51 HORAMAVU-AGARA MAIN ROAD CHIKKAPULAPPA GARDEN HORAMAVU VILLAGE BENGALURU-560 043 33. SRI PRAMOD M. AGED ABOUT 36 YEARS S/O. MUNINARASIMAIAH NO.901, 3RD MAIN DIVANARAPALYA GOKULA EXTENSION BENGALURU-560 054 34. SRI SHAMSHUDDIN LODI AGED ABOUT 31 YEARS S/O. ASLAM KHAN NO.82, 4TH CROSS VINAYAKA LAYOUT BHOOPASANDRA BENGALURU-560 004 35. NITESH URBAN DEVELOPMENT PRIVATE LIMITED NO.8, NITESH TIME SQUARE BUILDING 7TH FLOOR, M. G. ROAD - 7 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 BENGALURU-560 001 BY ITS DIRECTOR SRI L. S. VAIDYANATHAN 36. SMT. NETRAVATHI AGED ABOUT 40 YEARS W/O. SRI RAME GOWDA D/O. SRI LATE KRISHNAPPA R/O. CHIKKAPULLAPPA GARDEN HORAMAVU AGARA MAIN ROAD HORAMAVU VILLAGE K. R. PURAM VILLAGE BENGALURU-560 043 …RESPONDENTS (VIDE ORDER DATED 25/10/2018, NOTICE TO R1, R3, R5 TO R29, R31 TO R36 ARE DISPENSED WITH; R2, R4 AND R30 ARE SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER ORDER 43 RULE 1(r) OF THE CODE OF CIVIL PROCEDURE. THIS MISCELLANEOUS FIRST APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Mohan.S., counsel for the appellant has appeared in person. The appeal is filed to set aside the order dated 20.07.2018, passed by the Court of XVII Additional City Civil - 8 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 and Sessions Judge, Bengaluru (CCH-16) on I.A.No.23 in O.S.No.3907/2009. Counsel Sri.Mohan.S., in presenting his arguments submits that the appellant is the plaintiff before the Trial Court and he had filed application in I.A.No.23 under Order 39 Rule 1 and 2 of CPC against defendant Nos.2 and 4 not to alienate item No.1 of the suit schedule property. Counsel further submits that defendant Nos.2 and 4 are respondent Nos.2 and 4 in the appeal. They have been served and they are not represented by a counsel. Sri.Mohan.S., counsel further submits that a direction may be issued to the Trial Court to dispose of the suit as expeditiously as possible. Taking note of the said submission, appeal is disposed of and a gentle request is made to the Trial Court to dispose of the suit within an outer limit of one year from the receipt of certified copy of the order and without getting influenced by the observation and the findings recorded in the impugned order. - 9 - HC-KAR NC: 2026:KHC:6566 MFA No. 6336 of 2018 With the above observations, the appeal is disposed of. The interim order granted by this Court on 05.03.2019 shall continue to operate till the disposal of the suit. Parties to co- operate for the speedy disposal of the suit. SD/- (JYOTI M) JUDGE CH List No.: 1 Sl No.: 70