IN THE HIGH COURT OF KARNTAKA AT BANGALORE

(Memorandum of Caveat Petition under Section 148-A of Code of Civil

Procedure)

IN THE COURT OF 2nd ADDL. SENIOR CIVIL JUDGE AT HASSAN

O.S. 219/2021
IN THE HIGH COURT OF KARNTAKA AT BANGALORE

Caveat Petition No. ……… 2022

IN
MFA No. ……… 2022

Rank of Parties
BETWEEN: Trial Court High Court
1. Sri H.N. Subbarao,
S/o Late H.S. Nanjappa,
R/o # 19, B Block, SukruthaNilaya,
Ananda Nagar,
Sharadhadevinagar,
Mysore – 570 022 Defendant 1 Caveator 1

2. Sri Rajesh Rao,

S/o H.N. Subbarao,
Aged about 48 years,
R/o No.754, Phalguni,
Judicial Layout,
14th Main Road,
G.K.V.K. Post,
Yelahanka,
Bangalore-560 065 Defendant 2 Caveator 2

3. Sri S. Mahesh,
S/o H.N. Subbarao,
Aged about 46 years,
R/o T-108, Balaji Nest,
3rd Floor, 30, Sonnappa Layout,
H.A. Farm Post, Amruthhalli,
ByatarayanapuraHobli,
Bangalore-560 092 Defendant 3 Caveator 3

4. Smt. D.V. Archana,

W/o S. Mahesh,
Aged about 42 years,
R/o T-108, Balaji Nest,
3rd Floor, 30, Sonnappa Layout,
H.A. Farm Post, Amruthhalli,
ByatarayanapuraHobli,
Bangalore-560 092 Defendant 4 Caveator 4
AND:
N. Somnath Murthy
S/o K.N. Nagesh Murthy,
Aged about 45 years,
R/o # 209,
Mahaveer Homes Apartments,
Kommaghatta Road,
Kengeri Upanagara,
Bangalore-560 060 Plaintiff Respondent

PETITION UNDER SECTION 148-A OF THE CODE OF CIVIL

PROCEDURE:

The Caveatorsabove named submits as follows:

A) The address of the Caveators for service of notice process, summons etc., of
this Hon’ble Court is as stated in the cause title and also that of their
Advocate Sri. Shankar S Bhat, No. 17/2, 2 nd Floor, Opposite to SRTC Staff
Quarters, Kodigehalli Main Road, Sahakara Nagara Post, Bangalore-560092.
B) The address of the Respondent for the above said purposes is as shown in the
cause title.

The Caveators state as follows: -

1. The Plaintiff has filed the Suit No. O.S No. 219 of 2021 against them in
the Court of II Additional Senior Civil and JMFC at Hassan for the
following reliefs.

a) By declaring that the plaintiff is entitled for his 1/20th share in the suit 'A'
schedule property by meets and bounds. Further also grant PARTITION AND
SEPARATE POSSESSION of his 1/20th share in suit ‘C' and ‘D' of the suit
Schedule Properties.

b) For RENDITION OF ACCOUNTS of profits payable to the Plaintiff to his

1/20th share in suit ‘E' and 'F' Schedule Properties.

c) To declare that the Registered Sale Deeds executed by the 1st Defendant
and deceased Anantha Padmanabha in favour of Defendants No.20 to 42 are
not binding on the Plaintiff share with respect to 'A' Schedule Property which
are shown in Para No.9 of the plaint.

d) For MESNE PROFIT from the date of the suit as provided under order 12
Rule 20 of C.P.C.
 e) For PERMANENT INJUNCTION for restraining the Defendants No.1 to 7
from alienating or creating charge in any manner whatsoever to any persons
with respect to suit 'C' and D' schedule properties

f) For PERMANENT INJUNCTION for interdicting the Defendants No.2,

No.6, No.7, No.43, No.44 and No.45 from transferring the shares to any other
persons or companies or withdrawing the shares in any manner whatsoever
with respect to suit 'E' and 'F' of the suit schedule properties.

g) For cost and such other relief as the Hon'ble Court made deem fits to grant
under the circumstances of the case.

2) In the suit the Plaintiff filed an application I.ANo.2 under order 39 rule 1 and 2
read with section 151 CPC for the following relief-
“For the reasons stated in the accompanying affidavit, the Plaintiff prays
that this Hon’ble Court be pleased to restraint the Defendants 1-4 from
selling and creating charge with respect to C-Schedule property and the
Defendant 5-7 from selling or creating charge on the D-Schedule property
in any manner whatsoever till pending disposal of the above suit in the
interest of justice and equity.”

3) The Hon’ble II Additional Senior Civil Judge and JMFC at Hassan after hearing
the counsels for the both the parties, passed the following ORDER in I.A. No. 2on
29.09.2022 as follows:-

“I.A.No.2 filed by the plaintiff under Order-39 Rule-1 and 2 of C.P.C.,

seeking order of Temporary Injunction against Defendant Nos.1 to 4 with
respect C-schedule properties and against Defendant Nos.5 to 7 with respect
to D-schedule properties, restraining them from alienating said properties is
hereby dismissed. Cost of this I.A., shall follow the final result of this suit.”

4) The caveators submit that Hon’ble II Additional Senior Civil Judge and JMFC at
Hassan, by its order dated 29.09.2022 was pleased to decline the interim prayer
sought by the plaintiff and vacated an ad-interim order of temporary
injunctiongranted to the plaintiff/respondent here-in earlier. It is submitted the
above said order passed by the learned Senior Civil Judge, is well considered
Order, based on the decisions of the Hon’ble High Court of Karnataka &Hon’ble
Supreme Court of India. He has passed the above said order by perusing all the
documents, written statements, IA for rejection of the plaint and applications for
vacating TI by the defendants.Further the order is passed after going to the depth
 of the case in detail, while rejecting the plaintiff’s prayer for Interim Order of
Temporary Injunction. The Hon’ble Judge has come to the conclusion that the
plaintiff has not made out prima-facie case with respect to C and D Schedule
properties.

5) The Caveators apprehend that the Respondent may file a petition/appeal against
the Caveators and obtain Interim Order by making Representation on false and
flimsy grounds without any Authority of Law and further it is submitted that he
has not come to the court with clean hands, suppressing material facts. If such an
Interim Order is granted to the Respondent without hearing the Caveators,
unnecessarily the Caveators will be put to lot of inconvenience and untold
hardship. It is therefore just and necessary that this Hon’ble Court be pleased to
direct the Respondent to serve the notices of such Appeals/Petitions to be filed by
the Respondent against the Caveators. Hence, this Caveat Petition.

Wherefore, the Caveators pray that this Hon’ble Court may be pleased
to:

a) Register the Caveat.

b) Notify and hear the Caveator before passing any Interim Orders in any
appeal/review petition to be instituted by the Respondent against the
Caveators in the ends of Justice and Equity

BANGALORE

Date: -10-2022

Advocate for the Caveators

NOTE: Acopy of the Caveat Petition is sent to Respondent through Registered Post
Ack due and the postal Receipt is enclosed herewith.
 IN THE HIGH COURT OF KARNTAKA AT BANGALORE

CAVEAT NO._________ 2022

IN

MFA No. ………………2022

BETWEEN:
H.N. Subbarao & Others
……CAVEATORS

AND:
N. Somnath Murthy
S/o K.N. Nagesh Murthy ………..RESPONDENT

AFFIDAVIT

I Rajesh Rao S,S/o Sri H.N Subbarao, aged about 50 years, Residing at
No.754, Phalguni, 14th Main Road, Judicial Layout, G.K.V.K. Post, Yelahanka,
Bangalore-560065 do hereby solemnly affirm and state on oath as follows:

I am the Second Caveator in the above Petition. I know the facts of the Case.
The First, Third and Forth Caveators have also authorized me to swear to this
affidavit. Hence, I am swearing to this Affidavit.
I submit the averments made inparagraphs 1-5 of the accompanying Caveat
Petition are true and correct.
I Rajesh Rao S, the Second Caveator in the above case state that the contents
of the Affidavit, my Name and Signature are true to the best of my knowledge
information and belief.

Identified by me:

Advocate: Deponent

Date: -10-2022
Bangalore