MR. IMRAN SHAIKH v. MR. RAGHUNATH

(BY SRI. H R ANANTHA KRISHNA MURTHY, ADVOCATE) …APPELLANTS AND:

1. MR. RAGHUNATH, S/O. LATE TANGARAJU, AGED ABOUT 43 YEARS, R/AT NO.71, MARIYAMMA KOIL STREET (ADH), GUDIYATHAM, GUDIYATHAM TALUK- 632 602, VELLOR, TAMILNADU.

2. MR MAHESHWAR RAO, C/O. C. KESAV, MAJOR, R/AT NO.1387, ST THOMAS TOWN POST, KAMMANAHALLI MAIN ROAD, BENGALURU-560 084.

3. MR. SALEEM, R.K. BUILDERS & DEVELOPERS, NO.303, HOUSE OF LORDS, ST MARKS ROAD, BENGALURU.

4. SRI. BHARATH SINGH G., S/O. LATE GOPAL SINGH, AGED ABOUT 31 YEARS, R/AT NO.22, RMASWAMY STREET, J.C. NAGAR, M.R. PALYA, BENGALURU-560 006. - 3 - NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016

5. SRI. K. RAVINDRA, S/O. LATE KRISHNA, AGED ABOUT 31 YEARS, R/AT NO.74, RAJIV GANDHI COLONY, QUEENS ROAD, BENGALURU - 560 051.

6. SRI. S. GUNSSHEKAR, S/O. LATE S. SARAVARA KUMAR, AGED ABOUT 20 YEARS, R/AT NO.1321, 5TH MAIN, H.S.R LAYOUT, 1ST STAGE, OPP. TELECOM LAYOUT, BENGALURU - 560 043.

7. MR. MOHAMMED INAYATH. S/O. MOHAMMED ABBAS, AGED ABOUT 38 YEARS, R/AT NO.8, 4TH CROSS, KEMPAIAH BLOCK, J.C. NAGAR, BENGALURU - 560 006.

8. SRI. N. DEVENDRA BABU, S/O. A N RANGAIAH, AGED ABOUT 40 YEARS, R/AT NO.5, RAJEEV GANDHI COLONY, QUEENS ROAD, BENGALURU - 560 051.

9. SRI. K. GANAPATHI, S/O. KRISHNA V., AGED ABOUT 43 YEARS, R/AT NO.1/1, MUDAMMA GARDEN, P.S.K NAIDU ROAD, DODDA GUNTE, COX TOWN, BENGALURU – 560 005.

10. MRS. ANJAM FATHIMA, W/O. H.S. ABIDULLA, AGED ABOUT 38 YEARS, R/AT NO.9, 3RD CROSS, - 4 - NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016 KRISHNAMMA GARDEN, J C NAGAR, BENGALURU - 560 006.

11. MR A MOHAMMED ASLAM, S/O PEER AHMED JAN AGED ABOUT 37 YEARS, R/AT NO.36, 1ST MAIN ROAD HIDAYATH NAGAR, K G HALLI BENGALURU 560045

12. MR ASGHAR ALI KHAN S/O G KAREEM KHAN, AGED ABOUT 36 YEARS, R/AT NO.48, SEPPINGS ROAD CROSS, NEHARU PURAM, BENGALURU 560 001

13. MR KHALEEM PASHA S/O ASADULLA SHERIFF AGED ABOUT 39 YEARS, R/AT NO.22, 5TH CRSS, SHIVAJI ROAD,SHIVAJI NAGAR, BENGALURU 560 051

14. SRI CHANDRA SHEKAR P S/O LATE PONNU SWAMY AGED ABOUT 43 YEARS, R/AT NO.7, REEDING ROOM STREET, J C NAGAR BENGALURU 560 006

15. SRI SHARAVANAN N S/O NAGARAJ AGED ABOUT 37 YEARS, R/AT NO.4/3, 3RD CROSS SONNAPPA BLOCK, J C NAGAR, BENGALURU 560 006

16. BHARATH SINGH G S/O LATE GOPAL SINGH - 5 - NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016 AGED ABOUT 31 YEARS, R/AT NO.22, RAMASWAMY STREET, J C NAGAR, BENGALURU 560 006 …RESPONDENTS (R2 TO R5, R9, R11 TO R14, R16 ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 27.09.2022 NOTICE TO R1, R6 TO R8, R10, R15 IS HELD SUFFICIENT) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED18.08.2016 PASSED ON IA NO.2 IN O.S.NO.5130/15 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY, REJECTING IA NO.2 FILED UNDER ORDER 39 RULE 1&2 OF CPC. IN MFA NO. 6451/2016 BETWEEN:

1. MR. IMRAN SHAIKH, S/O. LATE NAWAB JAN, AGED ABOUT 30 YEARS, R/AT NO.26/1, 1ST FLOOR, M M ROAD, NANDI DURGA ROAD CROSS, BENGALURU-560046.

2. MR FAREED KHAN, S/O. SIKANDAR KHAN, AGED ABOUT 65 YEARS, R/AT NO.64 ARMSTRONG ROAD, SHIVAJINAGAR, BENGALUR- 560 051.

3. MR. MAQDOOM ALI KHAN, S/O. K.R. KHAN, AGED ABOUT 49 YEARS, R/AT NO.3/2, 3RD MAIN ROAD, CHINNAPPA GARDEN, BENSON TOWN POST, BENGALURU - 560 046. - 6 - NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016

4. MR ZAMEER BAIG, S/O. HAYATH BAIG, AGED ABOUT 46 YEARS, R/AT NO.5/1-2, 9TH CROSS, CHINNAPPA GARDEN, BENSON TOWN POST, BENGALURU 560 046 (BY SRI. H.R. ANANTHA KRISHNA MURTHY, ADVOCATE) ...APPELLANTS AND:

1. MR. RAGHUNATH, S/O LATE TANGARAJU, AGED ABOUT 43 YEARS, R/AT NO.71, MARIYAMMA KOIL STREET (ADH), GUDIYATHAM, GUDIYATHAM TALUK- 632 602, VELLOR, TAMILNADU.

2. MR. MAHESHWAR RAO, C/O. C KESAV, MAJOR, R/AT NO.1387, ST THOMAS TOWN POST, KAMMANAHALLI MAIN ROAD, BENGALURU-560 084.

3. MR. SALEEM, R.K. BUILDERS & DEVELOPERS, NO.303, HOUSE OF LORDS, ST MARKS ROAD, BENGALURU.

4. SRI. BHARATH SINGH G., S/O. LATE GOPAL SINGH, AGED ABOUT 30 YEARS, R/AT NO.22, RAMASWAMY STREET, J.C. NAGAR, M.R. PALYA, BENGALURU-560 006. - 7 - NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016

5. SRI K. RAVINDRA, S/O. LATE KRISHNA, AGED ABOUT 31 YEARS, R/AT NO.74, RAJIV GANDHI COLONY, QUEENS ROAD, BENGALURU - 560 051.

6. SRI. S. GUNSSHEKAR, S/O. LATE S. SARAVARA KUMAR, AGED ABOUT 20 YEARS, R/AT NO.1321, 5TH MAIN, H S R LAYOUT, 1ST STAGE, OPP TELECOM LAYOUT, BENGALURU-560 043.

7. MR. MOHAMMED INAYATH, S/O. MOHAMMED ABBAS, AGED ABOUT 38 YEARS, R/AT NO.8, 4TH CROSS, KEMPAIAH BLOCK, J.C. NAGAR, BENGALURU-560 006.

8. SRI. N. DEVENDRA BABU, S/O. A.N. RANGAIAH, AGED ABOUT 41 YEARS, R/AT NO.5, RAJEEV GANDHI COLONY, QUEENS ROAD, BENGALURU-560 051.

9. SRI. K. GANAPATHI, S/O. KRISHNA V., AGED ABOUT 43 YEARS, R/AT NO.1/1, MUDAMMA GARDEN, P.S.K. NAIDU ROAD, DODDA GUNTE, COX TOWN, BENGALURU-560 005.

10. MRS. ANJAM FATHIMA, W/O. H.S. ABIDULLA, AGED ABOUT 39 YEARS, - 8 - NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016 R/AT NO.9, 3RD CROSS, KRISHNAMMA GARDEN, J.C. NAGAR, BENGALURU-560 006.

11. MR. A. MOHAMMED ASLAM, S/O. PEER AHMED JAN, AGED ABOUT 37 YEARS, R/AT NO.36, 1ST MAIN ROAD, HIDAYATH NAGAR, K.G. HALLI, BENGALURU-560 045.

12. MR. ASGHAR ALI KHAN, S/O. G. KAREEM KHAN, AGED ABOUT 37 YEARS, R/AT NO.48, SEPPINGS ROAD CROSS, NEHARU PURAM, BENGALURU-560 001.

13. MR KHALEEM PASHA S/O ASADULLA SHERIFF AGED ABOUT 39 YEARS, R/AT NO.22, 5TH CRSS, SHIVAJI ROAD, SHIVAJI NAGAR, BENGALURU-560 051.

14. SRI. CHANDRA SHEKAR P., S/O LATE PONNU SWAMY, AGED ABOUT 43 YEARS, R/AT NO.7, REEDING ROOM STREET, J C NAGAR, BENGALURU-560 006.

15. SRI SHARAVANAN N., S/O NAGARAJ, AGED ABOUT 37 YEARS, R/AT NO.4/3, 3RD CROSS, SONNAPPA BLOCK, J C NAGAR, BENGALURU-560 006.

16. BHARATH SINGH G., S/O. LATE GOPAL SINGH, - 9 - NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016 AGED ABOUT 31 YEARS, R/AT NO.22, RAMASWAMY STREET, J C NAGAR, BENGALURU - 560 006. ...RESPONDENTS (R2 TO R6, R9, R11 TO R14, R16 ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 24.07.2023 SERVICE OF NOTICE TO R1, R7, R8, R10, R13 AND R15 IS HELD SUFFICIENT) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED18.08.2016 PASSED ON IA NO.1 IN O.S.NO.5130/15 ON THE FILE OF THE LIX ADDITIONAL CITY CIVIL & SESSIONS JUDGE, BENGALURU CITY, REJECTING IA NO.1 FILED UNDER ORDER 39 RULES 1&2 OF CPC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the orders passed in I.A.Nos.1 and 2 in O.S.No.5130/2015 dated 18.08.2016 by the LIX Addl. City Civil and Sessions Judge, Bengaluru, the present appeal is filed.

2. The suit is filed for declaration and injunction wherein two I.As are filed by the plaintiff seeking relief of not to change the nature of the suit schedule property and not to alienate the suit schedule property. Those two applications came to be dismissed. Against those orders, two appeals are filed. Those are MFA.No.6450/2016 and MFA.No.6451/2016. - 10 - NC: 2024:KHC:36633 MFA No. 6450 of 2016 C/W MFA No. 6451 of 2016

3. Learned counsel for the appellants had advanced the arguments on the merits of the matter. This is a suit of the year 2015 and the applications are also filed in the same year. From the year 2015 to 2024, there are no orders in favour of the appellants. The MFA itself is of the year 2016.

4. In the considered opinion of this Court, at this point of time, no order needs to be passed in the interlocutory application. As the suit is of the year 2015, this Court deems it appropriate to pass the following: ORDER i. The Trial Court is directed to dispose off the suit as expeditiously as possible, but not later than six months. ii. Accordingly, the appeals are disposed off. iii. All I.As., in the appeals, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 13