1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9 TH DAY OF JUNE, 2011 BEFORE THE HON’BLE MR. JUSTICE A.N.VENUGOPALA GOWDA MFA NO.13782 OF 2007 (CPC A/W MFA Nos.13783, 13784 OF 2007 (CPC) IN MFA NO.13782/07 BETWEEN: M.Murthy, Sb Muniyappa, Aged about 36 years, Residing at No.207, Aishwarya Apartments, Jeevan Bheema Nagar, Bangalore - 560075. . .Appellant (By Sri G. Manivannan, Adv.) AND: N.G.Chandra Reddy, Sb Late Gurumurthy Reddy, Aged about 52 years, Residing at No.222/222, Doddanekkundi, Marathahalli, Bangalore - 560037. .. Respondent (By M/s. Indus Law, Advs.) This MFA is filed under order 43 Rule 1(r) CPC against the order dated 31/08/2007 passed on l.A. No.11 in O.S.No.4298/06 on the file of the XXV Addl. City Civil and L) &C CC1 7S I e f çzj Sessions Judge, Bangalore (CCH-23). IN MFA NO.13783/07 BETWEEN: T.Lakshmipathy, 36 yrs Sb late Thimmarayappa, R/at No.3640, 13 th G’ Main, Indranagar, HAL II Stage, Bangalore - 560038. . .Appellant (By Sri G Manivannan, Adv.) AND: N.G.Chandra Reddy, 52 yrs S/o Late Gurumurthy Reddy, R/a 222/222, Doddanekkundi, Marathahalli, Bangalore - 560037. .. Respondent (By M/s Indus Law, Advs.) This MFA is filed under order 43 Rule 1(r) CPC against the order dated 31/08/2007 passed on l.A. No.11 in O.S.No.4299/06 on the file of the XXV Add I. City Civil and Sessions Judge, Bangalore (CCH-23). IN MFA NO.13784/07 BETWEEN: 1. M.Murthy, S/o Muniyappa, 41 years, Residing at No.207, Aishwarya Apartments, Jeevan Bheema Nagar, Bangalore Since deceasedby LRs la. Mrs Sudhamani, 40 yrs lb. M Prajwal,11 yrs ic. M Achalavarsha, 8 yrs a-c are wife & children of late M Murthy & b-c are minors Reptd. By their mother & Natural Guardian Mrs Sudhamani, 40 yrs W/o late M Murthy All are na # 17/1, II Cross 515 Colony, HAL II Stage New Thippasandra, Bangalore ld. Smt Byramma, 68 yrs W/o Muniyappa R/a Kempapura Village K R Puram Hobli, Bangalore East Taluk 2. T.Lakshmipathy, 40 yrs Sb late Thimmarayappa, R/at No.3640, 13 th G’ Main, Indranagar, HAL II Stage, Bangalore - 560038. . .Appellants (By Sri G Manivannan, Adv.) AND: N.G.Chandra Reddy, 57 yrs Sb Late Gurumurthy Reddy, Residing at No.222/222, Doddanekkundi, Marathahalli, Bangalore - 560037. .. Respondent (By M/s Indus Law, Adv.) This MFA is filed under 0 43 R 1(r) CPC against the order dated 31/08/2007 passed on IA No.11 in 0.S.No.4266/06 on the file of the XXV Addl. City Civil and Sessions Judge, Bangalore (CCH-23), dismissing IA No.11 filed under order 39 Ri and 2 nw S.151 CPC for T.I. Pg.2 & 3 retyped & replaced vide order dated 28.3.2012 4 These appeals coming on for hearing this day, the Court delivered the following: JUDGMENT Heard the learned advocates appearing for the parties. It is unnecessary to decide the appeals on their merit in view of the submissions made by the learned counsel on both sides. 2. MFA 13782 and 13783 of 2007 are by the plaintiffs in O.S. 4298 and 4299 of 2006 pending on the file of the City Civil Court, Bangalore. MFA 13784/07 is by the defendant in O.S.4266/06. The respondent in the appeal has instituted O.S. 4266/2006 in the City Civil Court, Bangalore. 3. The order challenged in MEA 13782/07 is one passed on I.A.2 filed in OS. 4298/2006, whereby the application of the plaintiff for grant of an order of temporary injunction restraining the defendant from interfering with his possession and enjoyment of the plaint 5 schedule property was dismissed by an order dated 31.8.07. 4. The order challenged in MEA 13783/07 is one passed on I.A.2 filed in O.S.4299/06, on 31.8.07, whereby the application for passing of an order of temporary injunction filed by the plaintiff i.e., to restrain the defendant from interfering with his possession and enjoyment of the plaint schedule property was dismissed. The properties which are the subject matter of the said two suits are properties bearing Sy Nos.81/4 and 81/5, situated at Doddanekkundi Village, Bangalore East Taluk. Incidentally, the respondent / defendant is not claiming any portion of the property bearing Sy. Nos.81/4 and 81/5 of Doddanekkundi Village. 5. O.S.4266/06 has been filed by the respondent, claiming right, title and interest in the property described in the schedule of the plaint i.e., in respect of the property bearing Sy. Nos.83/5 and 83/6 of Doddanekkundi Village. The plaintiffs in O.S.4298 and 4299 of 2006 i.e., the 6 appellants in MEA 13782 and 13783 of 2007 have not made any claim in respect of the property bearing Sy. Nos.83/5 and 83/6 of Doddanekkundi Village. 6. There appears to be a dispute with regard to the identity of property. The appellants contend that the respondent in the guise of being the holder of property bearing Sy. Nos.83/5 and 83/6 is actually making a claim on their property, i.e., Sy. Nos.81/4 and 81/5 of the Doddanekkundi Village. Respondent has sought relief in O.S.4266/06 against the defendants therein on the ground that by mistaken identity, the defendants are making a claim on their property bearing Sy. No. 83/5 and 83/6, which does not belong to them. Be that as it may. 7. After these appeals were filed, in MFA 13782/07, by an interim order dated 27.11.07, the respondent / defendant was restrained from interfering with the appellant’s / plaintiff’s possession of the suit property in O.S.4298/06, till the disposal of the appeal. Simultaneously, the appellant was restrined from selling 7 or transferring any interest in the suit property and also from putting up any construction on the suit property till further orders. The said order operates till now. 8. In MFA 13783/07, by an order dated 27.11.07, an interim order similar to the one passed in MFA 13782/07 was passed, which operates till today. 9. In MFA 13784/07, by an interim order, the respondent / plaintiff was restrained from selling or transferring any interest in the suit property i.e., O.S.4266/06 and was directed not to put up any construction on the suit property till the disposal of the appeal. However, it was clarified that, the order impugned in the appeal as having not been stayed. 10. Noticing the fact that the interim orders as above passed in these appeals have been operating till today, learned counsel on both sides would submit that, by making the aforesaid interim orders absolute, the Trial k. 8 Court be directed to decide the suit/s as early as practicable. Keeping in view the submission of the learned counsel, and the provisions under the Karnataka (Case Flow Management in Subordinate Courts) Rules, 2005 the appeals stand disposed of as follows: (i) The interim order/s passed in these appeals i.e., on 27.11.07, noticed supra, are made absolute. The same shall remain in force till the respective suits are decided by the Trial Court. (ii) Since the pleadings of the parties are complete and the suits are at the stage of evidence, as undertaken by the appellants in MFA 13782 and 13783 of 2007, the plaintiffs in O.S.4298 and 4299 of 2006 shall begin first i.e., in respect of all the 3 suits and complete their side of evidence 9 within a period of 3 months from the next hearing date of the suits. (iii) The plaintiff in O.S.4266/06 i.e., the respondent in these appeals shall lead the rebuttal evidence. The respondent shall complete his side of evidence within a period of 3 months from the date the plaintiffs in O.S.4298 and 4299 of 2006 complete their side of evidence. (iv) The Trial Court is directed to decide the suits as early as early as practicable and at any event, within 3 months from the date the trial of the suits is complete. (v) Both sides to extend ready co-operation to the Trial Court for passing the judgment/s in the suits within the time allowed. If any of the parties commit default, the other party may seek appropriate interim order in the Trial Court or modification of this order. 10 It is made clear that, the defaulting party will have to suffer adverse consequences for not adhering to the undertaking given to the Court of extending ready co operation for final decision in the suits. Contentions of both parties are kept open. No costs. Sd/ JUDGE sac*