The High Court
Case Details
- 1 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.4586 OF 2024 (CPC) MISCELLANEOUS FIRST APPEAL NO.4489 OF 2024(CPC) C/W IN MFA No. 4586/2024 BETWEEN: 1. SRI. YUVARAJA S/O LATE HANUMAIAH AGED ABOUT 53 YEARS 2. SRI. MARUTHI S/O LATE HANUMAIAH AGED ABOUT 44 YEARS APPELLANT NOS.1 AND 2 ARE RESIDENT AT NO.106, MATHAHALLI VILLAGE, BANGALORE KARNATAKA – 562 123. 3. SMT. NIRMALA D/O LATE AKKAYYAMMA AGED ABOUT 50 YEARS DANDU DASAKODIGEHALLI, MELEKOTE VILLAGE, DODDABALLAPURA TALUK BANGALORE RURAL KARNATAKA – 561 205.
Legal Reasoning
4. SMT. SHASHIKALA D/O LATE AKKAYYAMMA AGED ABOUT 37 YEARS #73, DURGAMMA TEMPLE KADATHANAMALE, ARAKERE, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 BANGALORE NORTH, BANGALORE KARNATAKA – 561 203. 5. SMT.H.YASHODAMMA, D/O. LATE AKKAYYAMMA, AGED ABOUT 42 YEARS, NASIKUNTEHOSUR VILLAGE, CHIKKABALLAPUR, KARNATAKA – 562 101. 6. SMT.ANURADHA, D/O. LATE AKKAYYAMMA, AGED ABOUT 40 YEARS, JARABANDAHALLI VILLAGE, GAURIBIDNUR, CHIKKABALLAPUR, KARNATAKA – 561 211. 7. SMT. VISHALAKSHI H, W/O. KRISHNAIAH, AGED ABOUT 51 YEARS, NO.45, MATHAHALLI VILLAGE, BANGALORE – 562 123. 8. ANJU K, D/O KRISHNAIAH, W/O LOKESH M, AGED ABOUT 28 YEARS #372, LOHITHNAGARA, NELAMANGALA TALUK, NELAMANGALA, BANGALORE RURAL, KARNATAKA – 562 123. (BY SRI. VENUGOPAL M.S. ADVOCATE) …APPELLANTS AND: 1. SHRI. NARAYANAPPA S/O. LATE MUNISHAMAPPA @ KYASARAHALLI MUNISHAMAPPA, - 3 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 AGED ABOUT 73 YEARS, RESIDENT OF GANTIGANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA KARNATAKA – 561 205. 2. SHRI. H.N. SHIVAKUMAR, S/O. NARAYANAPPA, AGED ABOUT 42 YEARS, RESIDENT OF GANTIGANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA, KARNATAKA – 561 205. 3. SMT.VARALAKSHMI, D/O. SHRI NARAYANAPPA, AGED ABOUT 39 YEARS, RESIDING NEAR POLICE STATION BACK SIDE, SULIBELE VILLAGE AND HOBLI, HOSAKOTE TALUK, BANGALORE, KARNATAKA – 562 129. 4. SMT. ANUSUYAMMA, W/O. ANJINAPPA, AGED ABOUT 56 YEARS, 5. SHRI H.A.NAVEEN KUMAR, S/O ANJINAPPA, AGED ABOUT 35 YEARS, 6. SHRI H A PRAVEEN KUMAR S/O ANJINAPPA, AGED ABOUT 28 YEARS, THE RESPONDENT NOS.4 TO 6 ARE THE RESIDENTS OF HOSAHALLI VILLAGE, HUNASARAMARANAHALLI POST, JALA HOBLI, BENGALURU NORTH TALUK. PIN – 562 157. - 4 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 7. SMT. MUNIRATHANAMMA, D/O. LATE MUNISHAMAPPA @ KYASARAHALLI MUNISHAMAPPA, AGED ABOUT 66 YEARS, RESIDENT OF KODIGEHALLI VILLAGE, SAHAKARA NAGAR POST, BANGALORE NORTH, KARNATAKA – 560 092. 8. SMT. RAMAKKA, D/O. LATE MUNISHAMAPPA @ KYASARAHALLI MUNISHAMAPPA, AGED ABOUT 64 YEARS, RESIDENT OF HOSAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, KARNATAKA – 562 157. 9. SMT.LAKSHMAMMA, D/O. LATE MUNISHAMAPPA @ KYASARAHALLI MUNISHAMAPPA, AGED ABOUT 62 YEARS, RESIDENT OF NAMAGONDLU VILLAGE, D PALYA HOBLI, GAURIBIDANUR TALUK, CHIKKABALLAPURA, KARNATAKA – 561 206. 10. SMT. SUJATHA, D/O. LATE GOWRAMMA, AGED ABOUT 46 YEARS, BHUVANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE KARNATAKA – 562 129. 11. SMT. VEENA, D/O. LATE GOWRAMAMA, AGED ABOUT 44 YEARS, RESIDENT OF NILERI VILLAGE, KASABA HOBLI, - 5 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 DEVANAHALLI TALUK, BANGALORE RURAL, KARNATAKA – 562 110. 12. THE MINISTRY OF TELECOMMUNICATION EMPLOYEES CO OPERATIVE HOUSING SOCIETY LIMITED A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT, HAVING ITS REGISTERED OFFICE AT SAHAKARANAGARA, BENGALURU-560092. REPRESENTED BY ITS PRESIDENT. (BY SRI. B.N.SURESH BABU AND SMT. SHANTHAMMA J., ADVOCATES FOR C/R12; V/O DATED 19.12.2024, NOTICE TO R1 TO R11 IS D/W) …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DATED 03.06.2024 PASSED ON IA NO.2 IN O.S.NO.180/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, REJECTING IA NO.2 FILED U/O.39 RULE 1 AND 2 R/W SEC.151 OF CPC. IN MFA NO. 4489/2024 BETWEEN: 1. SRI. YUVARAJA S/O LATE HANUMAIAH AGED ABOUT 53 YEARS 2. SRI. MARUTHI S/O LATE HANUMAIAH AGED ABOUT 44 YEARS APPELLANT NOS.1 AND 2 ARE RESIDENT AT NO.106, MATHAHALLI VILLAGE, BANGALORE KARNATAKA – 562 123. 3. SMT. NIRMALA D/O LATE AKKAYYAMMA - 6 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 AGED ABOUT 50 YEARS DANDU DASAKODIGEHALLI, MELEKOTE VILLAGE, DODDABALLAPURA TALUK BANGALORE RURAL KARNATAKA – 561 205. 4. SMT. SHASHIKALA D/O LATE AKKAYYAMMA AGED ABOUT 37 YEARS #73, DURGAMMA TEMPLE KADATHANAMALE, ARAKERE, BANGALORE NORTH, BANGALORE KARNATAKA – 561 203. 5. SMT. H.YASHODAMMA, D/O. LATE AKKAYYAMMA, AGED ABOUT 42 YEARS, NASIKUNTEHOSUR VILLAGE, CHIKKABALLAPUR, KARNATAKA - 562101. 6. SMT.ANURADHA, D/O. LATE AKKAYYAMMA, AGED ABOUT 40 YEARS, JARABANDAHALLI VILLAGE, GAURIBIDNUR, CHIKKABALLAPUR, KARNATAKA – 561 211. 7. SMT. VISHALAKSHI H, W/O. KRISHNAIAH, AGED ABOUT 51 YEARS, NO.45, MATHAHALLI VILLAGE, BANGALORE – 562 123. 8. ANJU K, D/O KRISHNAIAH, W/O LOKESH M, AGED ABOUT 28 YEARS #372, LOHITHNAGARA, - 7 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 NELAMANGALA TALUK, NELAMANGALA, BANGALORE RURAL, KARNATAKA – 562 123. (BY SRI. VENUGOPAL M S, ADVOCATE) …APPELLANTS AND: 1. SHRI. NARAYANAPPA S/O. LATE MUNISHAMAPPA @ KYASARAHALLI MUNISHAMAPPA, AGED ABOUT 73 YEARS, RESIDENT OF GANTIGANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA, KARNATAKA – 561 205. 2. SHRI. H.N. SHIVAKUMAR, S/O. NARAYANAPPA, AGED ABOUT 42 YEARS, RESIDENT OF GANTIGANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA, KARNATAKA – 561 205. 3. SMT.VARALAKSHMI, D/O. SHRI NARAYANAPPA, AGED ABOUT 39 YEARS, RESIDING NEAR POLICE STATION BACK SIDE, SULIBELE VILLAGE AND HOBLI, HOSAKOTE TALUK, BANGALORE, KARNATAKA – 562 129. 4. SMT. ANUSUYAMMA, W/O. ANJINAPPA, AGED ABOUT 56 YEARS, 5. SHRI H.A. NAVEEN KUMAR, S/O ANJINAPPA, AGED ABOUT 35 YEARS, - 8 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 6. SHRI H A PRAVEEN KUMAR S/O ANJINAPPA, AGED ABOUT 28 YEARS, THE RESPONDENT NOS.4 TO 6 ARE THE RESIDENTS OF HOSAHALLI VILLAGE, HUNASARAMARANAHALLI POST, JALA HOBLI, BENGALURU NORTH TALUK. PIN – 562 157. 7. SMT. MUNIRATHANAMMA, D/O. LATE MUNISHAMAPPA @ KYASARAHALLI MUNISHAMAPPA, AGED ABOUT 66 YEARS, RESIDENT OF KODIGEHALLI VILLAGE, SAHAKARA NAGAR POST, BANGALORE NORTH, KARNATAKA – 560 092. 8. SMT. RAMAKKA, D/O. LATE MUNISHAMAPPA @ KYASARAHALLI MUNISHAMAPPA, AGED ABOUT 64 YEARS, RESIDENT OF HOSAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, KARNATAKA – 562 157. 9. SMT. LAKSHMAMMA, D/O. LATE MUNISHAMAPPA @ KYASARAHALLI MUNISHAMAPPA, AGED ABOUT 62 YEARS, RESIDENT OF NAMAGONDLU VILLAGE, D PALYA HOBLI, GAURIBIDANUR TALUK, CHIKKABALLAPURA, KARNATAKA – 561 206. 10. SMT. SUJATHA, D/O. LATE GOWRAMMA, - 9 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 AGED ABOUT 46 YEARS, BHUVANAHALLI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE KARNATAKA – 562 129. 11. SMT. VEENA, D/O. LATE GOWRAMAMA, AGED ABOUT 44 YEARS, RESIDENT OF NILERI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL, KARNATAKA – 562 110. 12. THE MINISTRY OF TELECOMMUNICATION EMPLOYEES CO OPERATIVE HOUSING SOCIETY LIMITED A SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT, HAVING ITS REGISTERED OFFICE AT SAHAKARANAGARA, BENGALURU – 560 092. REPRESENTED BY ITS PRESIDENT …RESPONDENTS (BY SRI. B.N.SURESH BABU, ADVOCATE V/O DATED 19.12.2024, NOTICE TO R1 TO R11 IS D/W THIS MFA FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 03.06.2024 PASSED ON I.A.NO.1 IN OS.NO.180/2023 ON THE FILE OF THE JMFC, CIVIL ADDITIONAL DEVANAHALLI, REJECTING THE IA. NO.I FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC. SENIOR JUDGE AND THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 10 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 ORAL JUDGMENT Though the appeals are listed for admission, but with consent of both the learned counsel appearing for the parties, the matters are taken up for final disposal. 2. The plaintiffs in O.S.No.180/2023 have filed these two appeals challenging the order dated 03.06.2024 passed on I.A.Nos.1 and 2 filed under Order XXXIX Rules 1 and 2 read with Section 151 of CPC in O.S.No.180/2023 on the file of the Additional Senior Civil Judge and JMFC, Devanahalli (hereinafter referred to as ‘the Trial Court’ for short) thereby, the applications filed for seeking ad- interim orders of temporary injunction restraining defendant No.12 from alienating and changing or altering the nature of the suit schedule property till disposal of the suit are dismissed. 3. The Trial Court dismissed the said applications on the reason that the plaintiffs have only produced family tree showing that they are grandchildren of Akkayamma and in earlier suit filed in O.S.No.04/2019, - 11 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 Akkayammaand her children and grandchildren were not made parties. Therefore, the dispute is whether Akkayamma is related to Munishamappa. Hence, dismissed the applications. 4. Defendant No.12 is disputing that late Akkayamma is the daughter of Munishamappa. The plaintiffs have only produced family tree to show that Akkayamma is daughter of Munishamappa, but no other documentary evidence has been produced. Therefore, the relationship is in dispute. Further, defendant No.3 herein was defendant No.4 in earlier suit in O.S.No.04/2019, though it was admitted that the plaintiffs are children of said Akkayamma and they are grandchildren of Munishamappa, but the said Akkayamma and plaintiffs were not made parties in O.S.No.04/2019. Though, learned counsel for the appellants submitted that in the said suit in O.S.No.04/2019, an application for impediment was filed, but before considering the said application, the said O.S.No.04/2019 was withdrawn. Therefore, under - 12 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 these two circumstances, the question whether Akkayamma is daughter of Munishamappa is a triable issue in the suit before the Trial Court. 5. Learned counsel for the plaintiffs/appellants submitted that the plaintiffs are claiming their share as per Section 8 of the Hindu Succession Act, 1956, but not as per Section 6 of the Hindu Succession Act, 1956. Therefore, other properties are not included. 6. The learned counsel for respondent/defendant No.12 in the written statement contended that the suit filed only for partition is not maintainable. The plaintiff and other defendant Nos.1 to 11 have other properties, but they were not included in the suit; only the land sold to defendant No.12 is included in the suit for partition. Learned counsel for the respondent/defendant No.12 submitted that some documents are arrayed proving that the plaintiff and defendant Nos.1 to 11 are having other properties also. Therefore, considering all these aspects, - 13 - NC: 2025:KHC:17481 MFA No. 4586 of 2024 C/W MFA No. 4489 of 2024 prima facie case is not made out by the plaintiff/appellant so as to grant an order of temporary injunction as prayed for. 7. However, whatever transactions are hit by Section 52 of the Transfer of Property Act, 1882 will affect the interests of the defendants; therefore, the Trial Court is correct in dismissing the applications, which needs no interference. Accordingly, the appeals are dismissed. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 30