Mandali Ranganna & Ors. Etc vs T. Ramachandra & Ors

Mandi Madalappa | _________________________________________________________________________ | | | Chikkaranganna T.M. Thimmaiah Muniswamappa | | |_Puttathyamma |_M. Ramachandra R. Ranganna |____________________ (Def. 1) | Padma W/o | | (Def. 2) | | | _______________________________ | | | | | Shekhar Harish Rekha | (Def. 3) (Def.4) (Def.5) ___________________________________________________________ | | | | Mandali Ranganna Munianna R. Thimmaiah Puttanna Mandal (Plf. 1) (Plf. 2) (Plf. 3) (Plf. 4)

5. On 23.5.1938, upon the death of Sri T.M. Chikkaranganna his legal representatives partitioned his self-acquired properties, both moveable and immovable. On 22.2.1954, the children of Muniswamappa executed a registered Partition Deed, by which his share in the properties came to be partitioned. From 1957-1969, a number of transactions mainly in the nature of grant of lease took place in respect of the suit properties. No title came to be created in favour of third parties.

On 20.12.1971 for the first time, the first respondent entered into a partition deed, with the members of his family in which the suit schedule property was set out in the deed. Between 2002-2003, the petitioners called upon the defendants to partition the said properties which was refused by the defendants.

9. By an order dated 24.4.2006, the learned Trial Judge directed maintenance of status quo. However, by reason of an order dated 12.9.2006, both the I.As. were allowed. The orders of injunction as prayed for were passed therein. On an appeal having been preferred therefrom by the respondents herein before the High Court, the same was allowed by reason of the impugned judgment directing;

14. Mr. Jaitley has taken us through various documents filed by the parties to show that the respondents had been taking contradictory stand with regard to the date of oral partition among T.M. Muniswamapa, T.M. Thimmaiah & T.M. Chikkaranganna, sons of Mandi Madalappa. It was pointed out that even in the deed of partition, a stand was taken by Puttathayamma that her husband and his brothers have effected partition on 30.06.1924 and the properties fallen to the respective shares are being enjoyed by the respective owners, but in the purported deed of partition dated 22.02.1954 between M.M. Madalappa and M.M. Thimmaiah, the date of partition is mentioned as 24.06.1924. However, in the sale deed dated 30.09.1987 executed between M.M.T. Muniswamappa @ M.M.T. Navin and Mr. Ziaulla Sheriff, M/s. Alexander Apartment Development Corporation, Bangalore, it was stated that the three brothers entered into an oral partition on 26.04.1924. Whereas, in the synopsis, it was stated that the family properties were partitioned on 30.06.1924 and the properties in question fell into the share of T.M. Thimmaiah which was succeeded by Smt. T. Puttathayamma and T. Ramachandra and thereafter by his family members, in the writ petition filed on behalf of T.M. Ramachandra, T.R. Harish, T.R. Shekar, Smt. Padma, Smt. T.R. Rekha and Smt. T.R. Nadini being W.P. No. 29853 of 2002, it was stated that Mandi Madalappa was said to have been put in possession pursuant to the sale transaction and after his death the same was succeeded by T.M. Thimmaiah who had been in enjoyment of the property during his life time and he had let out the property in favour of Garrison Engineers. In the W.P. No. 31865 of 2002, it was stated that Mandi Madalappa was put in possession and enjoyment of the property pursuant to the said transaction and after his death the property was succeeded by his son Shri T.M. Thimmaiah who had been in possession and enjoyment of the property during his life time and he had let out the property in favour of Garrison Engineers.

(v) Respondents, keeping in view the escalation of the costs of the building materials, would suffer irreparable injury, if they are not permitted to carry out the constructions.

23. Rightly or wrongly constructions have come up. They cannot be directed to be demolished, at least at this stage. Respondent No. 7 is said to have spent three crores of rupees. If that be so, in our opinion, it would not be proper to stop further constructions.

24. We, therefore, are of the opinion that the interest of justice would be subserved if while allowing the respondents to carry out constructions of the buildings, the same is made subject to the ultimate decision of the suit. The Trial Court is requested to hear out and dispose of the suit as early as possible. If any third party interest is created upon completion of the constructions, the deeds in question shall clearly stipulate that the matter is subjudice and all sales shall be subject to the ultimate decision of the suit. All parties must cooperate in the early hearing and disposal of the suit. Respondents must also furnish sufficient security before the learned Trial Judge within four weeks from the date which, for the time being, is assessed at Rupees One Crore.

25. For the reasons aforementioned, the appeals are dismissed subject to the observations and directions made hereinbefore. However, in the facts and circumstances of the case, there shall be no order as to costs.