Karnataka High CourtM/S Shanthinagar House Building ... vs M/S Paton Constructions Pvt Ltd on 14 November, 2013Author:Aravind KumarBench:Aravind Kumar1

     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 14TH DAY OF NOVEMBER, 2013

                        BEFORE

        THE HON'BLE MR.JUSTICE ARAVIND KUMAR

     MISCELLANEOUS FIRST APPEAL NO. 9410/2013 (CPC)

BETWEEN:

M/S SHANTHINAGAR HOUSE
BUILDING CO-OPERATIVE SOCIETY
HAVING ITS OFFICE AT
NO.147, VASAVI COMPLEX
2ND FLOOR, 1ST MAIN ROAD
SHESHADRIPURAM
BANGALORE
REPRESENTED BY ITS SECRETARY
MR SOMASHEKAR                         ... APPELLANT

(BY SRI.UDAYA HOLLA, SR. COUNSEL FOR M/S
     SHASHI KIRAN SHETTY K, ADVOCATES,
     ASSOCIATES)


AND:
1.     M/S PATON CONSTRUCTIONS PVT. LTD.,
       A COMPANY INCORPORATED
       UNDER THE COMPANIES ACT, 1956
       HAVING ITS REGISTERED OFFICE AT
       NO.101, THOSAR HOUSE
       HANUMAN CROSS ROAD
       NO.1, VILE PARLE (E)
       MUMBAI - 400 057
       HAVING ITS CORPORATE OFFICE AT
       2ND FLOOR, KRISHNA BHAVAN
       67, NEHRU ROAD
                       2

     VILE PARLE (EAST),
     MUMBAI 400 057
     REPRESENTED BY ITS DIRECTORS
     (A) MR PRAVIN SATRA
     (B) MR PREMJI SATRA

2.   M/S LORVEN PROJECTS LIMITED
     A COMPANY INCORPORATED UNDER
     THE COMPANIES ACT, 1956
     HAVING ITS REGISTERED OFFICE AT
     NO.12912
     ROAD NO.65, JUBILEE HILLS
     HYDERABAD 560034
     REPRESENTED BY ITS DIRECTOR
     MR G P REDDY
3.   MR G P REDDY
     ALIAS GODI PITCHI REDDY
     SON OF CHINNAPPA REDDY
     AGED MAJOR
     AT PLOT NO.1291
     ROAD NO.65
     JUBLIEE HILLS
     HYDERABAD 560034

4.   MR B K DWARAKANATH
     S/O T V KRISHNA IYENGAR
     AGED ABOUT 83 YEARS
     RESIDING AT NO.23/67
     UMA VILAS, 1ST CROSS
     MALLESHWARAM
     BANGALORE - 560 003

5.   THE BANGALORE DEVELOPMENT AUTHORITY
     HAVING ITS OFFICE AT:
     P CHOWDAIAH ROAD,
     KUMARA PARK WEST
     BANGALORE CITY
     REPRESENTED BY ITS COMMISSIONER
                        3

6.    ANUPAMA NEERAJ
      D/O VASUNDARA MURTHY
      AGED ABOUT 35 YEARS
      RESIDING AT NO.1107
      10TH MAIN ROAD
      R P C LAYOUT
      2ND STAGE, VIJAYANAGAR
      BANGALORE 560040

7.    AVINASH RAO
      S/O PRAHALADA RAO
      AGED ABOUT 35 YEARS
      RESIDING AT NO.476
      1ST FLOOR, 28TH MAIN ROAD
      13TH CROSS, J P NAGAR
      BANGALORE 560078

8.    KRISHNA KUMAR T A
      S/O TALLAM ANNANARAYAN
      AGED ABOUT 49 YEARS
      RESIDING AT NO.171
      KUTEERAM, 44TH CROSS
      3RD MAIN, JAYANAGAR
      BANGALORE 560078

9.    MANJULA M N
      W/O M N MANJUNATH
      AGED ABOUT 48 YEARS
      RESIDING AT NO.173
      44TH CROSS
      8TH BLCOK, JAYANAGAR
      BANGALORE 560082

10.   RAGHAVENDRA D V
      S/O DONTI ASHWATHANARAYANA
      AGED ABOUT 33 YEARS
      RESIDING AT NO.2308
                         4

      21ST CROSS, BSK 2ND STAGE
      BANGALORE 560070

11.   BALAKRISHNA
      S/O RAJAGOPALAN
      RESIDING AT NO.8
      69/2A, 3RD FLOOR
      4TH STAGE, BAWESHWARAPURE
      BANGALORE

12.   VINAY KARTHIK
      S/O K CHANDRA PRAKASH
      AGED ABOUT 39 YEARS
      RESIDING AT NO.51
      AGA ABBAS ALI ROAD
      BANGALORE 560042

13.   D K SURESH
      S/O KEMPEGOWDA
      AGED ABOUT 44 YEARS
      NO.11/2-C, 2ND FLOOR,
      J H COMPLEX
      GANDHINAGAR
      BANGALORE 560009

14.   D K MANJULA S CHANDRA
      W/O SHARATH CHANDRA
      AGED ABOUT 54 YEARS
      RESIDING AT NO.789
      3RD MAIN, RPC LAYOUT
      VIJAYANAGAR
      BANGALORE 560040

15.   VINOD KUMAR KRISHNA
      S/O R KRISHNAPPA
      AGED ABOUT 42 YEARS
      RESIDING AT NO.11/2C
      2ND FLOOR, J H COMPLEX
                          5

      GANDHINAGAR
      BANGALORE 560009

16.   NIRANJAN D S
      S/O SHETTY
      AGED ABOUT 62 YEARS
      RESIDING AT AVENUE ROAD
      BANGALORE 560002

17.   SUSHAL M P
      S/O M C PRABHAKAR GUPTA
      AGED ABOUT 40 YEARS
      RESIDING AT NEEM STREET
      CHICKMAGALUR 577 101

18.   SUJAY ASHOK TALLAM
      S/O ASHOK TALLAM
      AGED ABOUT 32 YEARS
      RESIDING AT NO.594, SUPLIYA
      5TH MAIN, 11TH CROSS,
      SADASHIVNAGAR
      BANGALORE 560080
19.   ANOOP KUMAR K R
      S/O DR S RAVEENDRAN
      AGED ABOUT 56 YEARS
      RESIDING AT C/O MUNIRAJU
      RAMACHANDRAPURA, JALAHALLI POST
      BANGALORE 560054

20.   SUDHA SRINIVASAN
      W/O SRINIVASAN
      AGED ABOUT 53 YEARS
      RESIDING AT C/O T L SRINIVAAIAH SHETTY
      VASAVI TEMPLE STREET
      SHIDLAGHATTA
      KOLAR DISTRICT -563101.
                        6

21.   SATYANARAYANA M S
      S/O MANADI SRINIVASA SHETTY
      AGED ABOUT 67 YEARS
      RESIDING AT NO.19
      14TH MAIN ROAD
      CHAMARAJAPET
      BANGALORE 560018

22.   THIMMAIAH P B
      S/O A THIMMAIAH
      AGED ABOUT 60 YEARS
      RESIDING AT C/O SURESH KUMAR
      PEARL HOUSE
      3RD FLOOR, BEHIND SBM
      RANGARO ROAD
      SHANKARAPURAM
      BANGALORE CITY

23.   SRIDHAR M K
      S/O M K SURESH BABU
      AGED ABOUT 59 YEARS
      RESIDING AT NO.106
      GOPALA KRISHNA
      SWAMI TEMPLE FRONT ROAD
      BASAVANAHALLI
      CHIKKAMANGALORE 577101

24.   MANJUNATH M N
      S/O M S NAGENDRAPPA
      AGED ABOUT 63 YEARS
      RESIDING AT NO.173
      44TH CROSS, 8TH BLOCK
      JAYANAGAR
      BANGALORE 560082

25.   NAGESH S S
      S/O SRINIVASA SHETTY
      AGED ABOUT 43 YEARS
                        7

      RESIDING AT AYYAPPA NAGAR
      NEW EXTN
      CHIKKAMAGALUR 577 101

26.   VIJAYARAJ
      S/O A RAJ
      AGED ABOUT 63 YEARS
      RESIDING AT NO.694-53
      SEVENTH DAY SCHOOL ROAD
      CHICKMAGALUR 577 101

27.   SOWMYA K A
      W/O K V ARUN KUMAR
      AGED ABUT 39 YEARS
      RESIDING AT NO.30
      SANJEEVANI
      3RD MAIN ROAD
      SAKAMMA GARDEN
      BASAVANAGUDI
      BANGALORE 560080

28.   DR RATHAN K H
      S/O DR K V HARIPRAKASH
      AGED ABOUT 37 YEARS
      RESIDING AT NO.64
      ANJALI PRIYA
      MODEL HOUSE STREET
      BANGALORE 560 004

29.   SUMANA HARIPRAKASH
      W/O DR K V HARIPRAKASH
      AGED ABOUT NO.67
      ANJALIPRIYA MODEL HOUSE STREET
      BASAVANAGUDI
      BANGALORE 560004

30.   SEETHARAM SHEETY T V
      S/O THOLASI VENKATACHALA SHETTY
                        8

      AGED ABOUT 83 YEARS
      RESIDING AT NO.204
      2ND FLOOR, BRIGADE PARK VIEW
      B P WADIA ROAD
      BASAVANAGUDI
      BANGALORE 560 004

31.   LAKSHMI D V
      W/O DR VENKATESH
      AGED ABOUT 34 YEARS
      RESIDING AT NO.611/25
      10TH CROSS, 7TH BLOCK
      JAYANAGAR WEST
      BANGALORE 560082

32.   GEETHANJALI K
      W/O D T JAGANNATHA
      AGED ABOUT 50 YEARS
      RESIDING AT NO.159
      SRINIVASA ROAD, 2ND BLCOK
      R T NAGAR
      BANGALORE 560028

33.   LAVANYA T S
      D/O T SRINIVASAA
      AGED ABOUT 27 YEARS
      RESIDING AT NO.263-34
      36TH CROSS ROAD, 8TH BLOCK
      JAYANAGAR
      BANGALORE 560082

34.   PARTHASARATHY K
      S/O K S SHETTY
      AGED ABOUT 63 YEARS
      RESIDING AT ELEGANT EMBASSY
      92/93, KATRIGUPPA, BSK 3RD STAGE
      4TH CROSS, RAMA RAO LAYOUT
      BANGALORE 560085
                        9

35.   VENKATA KARTHIK K S
      S/O K V SRINIVASALU
      AGED ABOUT 31 YEARS
      RESIDING AT SAI SADAN, NO.310/A
      4TH MAIN, BANASHANKARI 1ST STAGE
      BANGALORE 560050

36.   RAMESH B P
      S/O B PUTTANANAPPA
      AGED ABOUT 62 YEARS
      RESIDING AT NANJUNDESHWARA NILAYA
      NO.31, 3RD MAIN ROAD
      SAKAMMA GARDEN
      BASAVANAGUDI
      BANGALORE 560 004

37.   SURESH KUMAR
      S/O S KUMAR
      AGED ABOUT 52 YEARS
      RESIDING AT NO.33
      9TH B CROSS, 40 FEET ROAD
      J P ROAD, 1ST PHASE
      BANGALORE 560078

38.   KALAVATHI B P
      W/O B G PAMAKAR
      AGED ABOUT 72 YEARS
      RESIDING AT NO.023
      F BLOCK, GARADI APARTMENTS
      K R ROAD
      TATA SILK KARM
      BANGALORE 560 O04

39.   RADHE SHYAM
      S/O RAGHURAMULU
      AGED ABOUT 59 YEARS
      RESIDING AT NO.11445
      ANDRSAN LAKES PAWK
                        10

      218, EDEN PARIRE MINNESOTA 55344-4094
      UNITED STATE OF AMERICA

40.   PAVAN KUMAR M S
      S/O M J SHESHA KUMAR
      AGED ABOUT 30 YEARS
      RESIDING AT NO.15-50
      PADMAVATHINAGAR
      M R PALLI
      TIRUPATI - 571 502

41.   LAKSHMI KANTHA C H
      W/O C L HARISH BHAGAWAN
      AGED ABOUT 55 YEARS
      RESIDING AT NO.997
      STONE PALACE, HOSAKERAHALLI
      MAIN ROAD, BANASHANKARI 3RD STAGE
      BANGALORE 560085

42.   GOVINDARAJ
      S/O VENKATASUBBA RAO
      AGED ABOUT 57 YEARS
      RESIDING AT NO.10/35
      CHOWDAIAH ROAD
      GAYATHRIDEVI EXTN
      BANGALORE 560 003

43.   VENKATESH BABU M J
      S/O JAYARAM
      AGED ABOUT 54 YEARS
      RESIDING AT NO.10-41
      M R PALLI
      NEW MARUTHI NAGAR
      TIRUPATHI - 517 502

44.   SULAKSHANA D R
      W/O D V RAGHAVENDRA
      AGED ABOUT 32 YEARS
                        11

      RESIDING AT NO.2308
      21ST CROSS, K R ROAD
      SK 2ND STAGE
      BANGALORE-560070

45.   LAKSHMI M S
      W/O J SHESHAKAR
      AGED ABOUT 59 YEARS
      RESIDING AT NO.1-50
      PADMAVATHINAGAR
      M R PALLI
      TIRUPATHI-517502

46.   RAJEEV S TALLAM
      S/O T S INDU MANI
      AGED ABOUT 32 YEARS
      RESIDING AT NO.11
      S S TEMPLE STREET
      V V PURAM
      BANGALORE-560004

47.   VAISHNAVI M N
      S/O M K NATARAJ
      AGED ABOUT 32 YEARS
      RESIDING AT NO.LIG-B-294
      DR A S RAO NAGAR,
      ECIL POST
      HYDERABAD-560062

48.   SUPRIYA ASHOK TALLAM
      D/O B R ASHOK
      AGED ABOUT 29 YEARS
      RESIDING AT NO.594
      "SUPRIYA", 11TH CROSS
      SADASHIVANAGAR
      BANGALORE-560080
                       12

49.   CHANDRASHEKAR K K
      S/O K N KRISHNA SWAMY
      AGED ABOUT 57 YEARS
      RESIDING AT NO.114
      BASAVANAHALLI MAIN ROAD
      WEST LANE,
      CHIKKMAGALUR-577101

50.   HARISH M
      S/O M NARAYANASHETTY
      AGED ABOUT 52 YEARS
      RESIDING AT NO.233
      32ND A CROSS, 7TH BLOCK
      JAYANAGAR
      BANGALORE-560082

51.   RANGANATHAN B S
      S/O RANGANATHA
      AGED ABOUT 61 YEARS
      RESIDING AT NO.153
      BEHIND URDU SCHOOL ROAD
      VIJAAPURA
      CHIKKAMANGALORE

52.   RAMAMURTY K
      S/O NANJAIAH SHETTY
      AGED ABOUT 61 YEARS
      RESIDING AT NO. 114/3
      2ND FLOOR, BALAJI ROAD
      T R NAGAR
      BANGALORE-560028

53.   HARINATH P M
      S/O P M MUNISWAMY SETTY
      AGED ABOUT 62 YEARS
      RESIDING AT NO. 1107-1
      10TH MAIN ROAD
      RPC LAYOUT,
                        13

      VIJAYANAGAR
      BANGALORE-560040

54.   HARISH BHAGWAN C L
      S/O LAKSHMINARAYANA SETTY
      AGED ABOUT 64 YAERS
      RESIDING AT NO.997
      STONE PALANCE
      HOSAKEREHALLI MAIN ROAD
      BANASHANKARI 3RD STAGE
      BANGALORE-560085

55.   HARISH S S
      S/O SRINVIASA SETTY
      AGED ABOUT 51 YEARS
      RESIDING AT UNIT-2
      GURUKRUPA SHERIFF STREET
      CHICKMAGALUR-577101

56.   JYOTHI KISHORE M
      W/O M J KISHORE
      AGED ABOUT 41 YEARS
      RESIDING AT NO.1549
      1ST FLOOR, 7TH MAIN ROAD
      11TH CROSS, 2ND STAGE
      BTM LAYOUT
      BANGALORE-560076

57.   ANASUYAMMA V T
      S/O KALASA RAMAKRISHNAPPA
      AGED ABOUT 82 YEARS
      RESIDING AT NO.594
      11TH CROSS, 5TH MAIN
      SADASHIVANAGAR
      BANGALORE-560080

58.   JAGANNATHA B T
      S/O G B THIRUMALAPPA
                        14

      AGED ABOUT 52 YEARS
      RESIDING AT NO. 519
      MANJUNATHA ROAD
      2ND BLOCK, T R NAGAR
      BANGALORE-560028

59.   SRIDEVI JAYARAM
      D/O YOGANANDA
      AGED ABOUT 52 YEARS
      RESIDING AT NO.171
      3RD MAIN ROAD
      44TH CROSS, 8TH BLOCK
      BANGALORE-560082

60.   PREETI S MAKAM
      D/O SURESH BABU M K
      AGED ABOUT 31 YEARS
      RESIDING AT NO.1203
      AJMERA GREEN
      ACRES KALENA AGRAHARA
      BANNERGHATTA ROAD
      BANGALORE-560078
61.   MAGHA P SAGAR
      D/O PRABHAKAR S
      AGED ABOUT 30 YEARS
      RESIDING AT NO.1698
      17TH A MAIN ROAD
      J P NAGAR 2ND PHASE
      BANGALORE-560078

62.   JAYARAM T A
      S/O ADINARAYAN SETTY
      AGED ABOUT 55 YEARS
      RESIDING AT NO.171
      3RD MAIN, 44TH CROSS
      8TH BLOCK, JAYANAGAR
      BANGALORE-560082
                        15

63.   SRINIVAS D S
      S/O D SATYANARAYANA
      AGED ABOUT 49 YEARS
      RESIDING AT NO.171/17
      36TH A CROSS
      7TH BLOCK, JAYANAGAR
      BANGALORE-560070

64.   SRIDHAR K Y
      S/O K R YOGANANDA
      AGED ABOUT 49 YEARS
      RESIDING AT NO.2611
      8TH MAIN, 17TH A CROS
      BANASHAKARI 2ND STAGE
      BANGALORE-560070

65.   PRASANNA KUMAR D A
      S/O LATE D R ASHWATHNARAYANA SETTY
      AGED ABOUT 72 YEARS
      RESIDING AT NO. 533-A
      9TH CROSS, 7TH BLOCK
      JAYANAGAR
      BANGALORE-560082

66.   SANDYARANI S
      D/O S M SAGAN
      AGED ABOUT 59 YEARS
      RESIDING AT NO.1730
      1ST FLOOR, 18TH MAIN ROAD
      2ND PHASE, J P NAGAR
      BANGALORE-560078

67.   VENKATACHALAPATHY GUPTA K S
      S/O GUPTA
      AGED ABOUT 66 YEARS
      RESIDING AT NO.10
      6TH TEMPLE STREET
                        16

      15TH CROS, MALLESHWARAM
      BANGALORE-560003

68.   REVATHI ARUN KUMAR
      W/O ARUN KUMAR
      AGED ABOUT 55 YEARS
      RESIDING AT NO.EWS 302
      NEAR BANK OF INDIA
      1ST STAGE, KUVEMPU NAGAR
      MYSORE-570023

69.   JAYARAM M
      S/O ACHYYA SHETTY
      AGED ABOUT 89 YEARS
      RESIDING AT NO.103
      PRASHANTHI NAGAR
      KADHI COLONY
      TIRUPATHI-571501

70.   BALAKRISHNA SETTY M S
      S/O MANADI SRINIVASA SETTY
      AGED ABOUT 69 YEARS
      RESIDING AT NO.60/16
      2ND MAIN, 4TH CROSS
      GAVIPURAM EXTENSION
      HANUMANTHANAGAR
      BANGALORE-560019

71.   RAJENDRA PRASAD K Y
      S/O K R YOGANANDA
      AGED ABOUT 54 YEARS
      RESIDING AT NO.332/108
      23RD CROSS, 6TH BLOCK
      JAYANAGAR
      BANGALORE-560082

72.   HARISH M S
      S/O MANADI SRINIVASA SETTY
                        17

      AGED ABOUT 51 YEARS
      RSIDING AT NO. 19
      4TH MAIN ROAD
      CHAMARAJPET
      BANGALORE-560018

73.   RAVI KUMAR R
      S/O KUMAR
      AGED ABOUT 50 YEARS
      RESIDING AT NO.261/A
      7TH MAIN, 17TH CROSS
      SADASHIVANAGAR
      BANGALORE-560080

74.   BHARGHAVI K S
      D/O NARASIMULU
      AEGD ABOUT 43 YEARS
      RESIDING AT NO.332/108/2
      2ND MAIN ROAD
      23RD CROSS,
      JAYANAGAR 6TH BLOCK
      BANGALORE-560082

75.   NIRMALA D R
      W/O D S RAMACHANDRA GUPTA
      AGED ABOUT 66 YAERS
      RESIDING AT NO.611/25
      10TH CROSS, 7TH BLOCK
      JAYANAGAR WEST
      BANGALORE-560082

76.   SANDYA K R
      W/O RAJENDRA PRASAD
      AGED ABOUT 52 YEARS
      RESIDING AT GOKUL INGRANES
      NO.20, MAGADI ROAD
      5TH CROSS,
      BANGALORE CITY
                        18

77.   SRIRAMULU D N
      S/O N DEVATHA
      AGED ABOUT 87 YEARS
      RESIDING AT NO.2747
      17TH A CROSS
      6TH MAIN, BSK 2ND STAGE
      BANGALORE-560070

78.   RAMACHANDRA GUPTA D A
      S/O P R ASHWATHANARAYANA
      AGED ABOUT 70 YEARS
      RESIDING AT NO.202
      33RD CROSS, 7TH BLOCK
      JAYANAGAR
      BANGALORE-560082

79.   SRINIVAS D S
      S/O DEVATHA SRIRAMULU
      AGED ABOUT 53 YEARS
      RESIDING AT NO.2747
      17TH A CROSS, 6TH MAIN
      BSK 2ND STAGE
      BANGALORE-560070

80.   CHETHAN B P
      S/O CHOOPALAMPRAKASH
      AGED ABOUT 42 YEARS
      RESIDING AT NO.21
      9TH A MAIN, 5TH BLOCKL
      JAYANAGAR
      BANGALORE-560011

81.   NATARAJ M K
      AGED ABOUT 57 YEARS,
      S/O MYSORE KONDANDARAM,
      RESIDING AT CHOKKANNA STREET,
      CHICKMAGALUR 577101
                         19

82.   NEERAJ H
      SO HARINATH P.M.
      AGED ABOUT 38 YEARS,
      RESIDING AT NO.1107,
      10TH MAIN ROAD,
      4TH CROSS, R.P.C. LAYOUT,
      VIJAYA NAGAR,
      BANGALORE 560040

83.   SHOBHA T V
      DO RANGAHALLI SHIVARAMAPPA,
      AGED ABOUT 59 FYEARS,
      RESIDING AT NO. 3003,
      17TH CROSS, 2ND MAIN, BSK 2ND STAGE,
      BANGALORE 560070

84.   VIKRAM R
      AGED ABOUT 31 YEARS,
      S/O M.S. RAVI,
      RESIDING AT NO.22-D-1,
      HULIMAVU, BEGUR ROAD,
      BANNERGHATTA ROAD,
      BANGALORE 560076

85.   ASHOK V.T
      AGED ABOUT 59 YEARS,
      S/O TALLAM VENKATACHALAPATHI,
      RESIDING AT NO. 594,
       "SUPRIYA", 5TH MAIN ROAD,
      11TH CROSS, SADASHIVANAGAR,
      BANGALORE 560080

86.   PARTHASARATHI T.K.R
      S/O K. RAMACHANDRA,
      AGED ABOUT 74 YEARS,
      RESIDIGN AT NO.245, 12TH CROSS,
      27TH MAIN, HSR LAYOUT, 2ND SECTOR,
      BANGALORE 560034
                         20

87.   SUDHA ASHOK
      W/O V.T ASHOK,
      AGED ABOUT 53 YEARS,
      RESIDING AT NO. 25,
      5TH CROSS, MALLESHWARAM CIRCLE,
      BANGALORE 560003

88.   BASAVARAJAPPA
      S/O. RAJAPPA,
      AGED ABOUT 66 YEARS,
      RESIDING AT NO.49,
      HOSAMANE BADAWANE,
      CHIKKAMANGALORE 577101

89.   SUBHASHINI N.S
      AGED ABOUT 65 YEARS,
      W/O N.B. SURYANARAYANA,
      RESIDING AT NO. 266,
      MIDDLE SCHOOL ROAD,
      V.V. PURAM,
      BANALORE 560004
90.   RATHNA PRAKASH M
      AGED ABOUT 60 YEARS,
      W/O M.K. JAYAPRAKASH,
      RESIDING AT NO. 556, 20TH MAIN
      4TH "T" BLOCK, JAYANAGAR,
      BANGALORE 560041

91.   RAGHAVENDRA D.S
      AGED ABOUT 33 FYEARS,
      S/O D.A. VASUDEVA MURTHY,
      RESIDING AT NO.2308,
      21ST CROSS, BSK 2ND STAGE,
      K.R. ROAD,
      BANGALORE 560070

92.   KISHORE M.J
      AGED ABOUT 42 YFEARS,
                         21

      S/O MAKKAN JAYAPRAKASH,
      RESIDING AT NO.1549,
      11TH CROSS, 7TH MAIN,
      2ND STREET, BTM LAYOUT,
      BANGALORE 560076

93.   PRABHAKAR S
      S/O S.M. SAGAR,
      AGED ABOUT 61 YEARS,
      RESIDINGA T NO.1698,
      17TH "A" MAIN, 7TH CROSS,
      J.P NAGAR, 2ND PHASE,
      BANGALORE 560078
94.   PADMAKAR B.G
      AGED ABOUT 78 YEARS,
      S/O BOODAGATTA G SETTY,
      RESIDING AT NO.3,
      4TH CROSS,JAYANAGAR,
      BANGALORE 560082

95.   SRIDHARA N K
      AGED ABOUT 66 YEARS,
      S/O N. KUMAR,
      RESIDING NO. 28,
      "KAVYASHREE" 5TH MAIN,
      SHANKARANAGAR,
      TEACHERS COLONY,
      MAHALAKSHMI LAYOUT,
      BANGALORE 560089

96.   RAMAN B A
      AGED ABOUT 55 YEARS,
      S/O B.R. MAMATHA,
      RESIDING AT NO. 29/1,
      KEDAR AGARBHATHI COMPANY,
      KALASAIPALYAM EXTN.
      BANGALORE 560002
                        22

97.   LAKSHMI SRINIVAS N
      AGED ABOUT 33 YEARS,
      S/O SRINIVAS,
      RESIDING AT NO. 266,
      MIDDLE SCHOOL ROAD,
      V.V. PURAM,
      BANGALORE 560004
98.   SREENIVASULU K.V
      S/O K R VENKATARATHNAM,
      AGED ABOUT 61 YEARS,
      RESIDING AT NO. 310-A 11TH MAIN ROAD,
      BANASHANKARI 1ST STAGE, 2ND BLOCK,
      HANUMANTHAM NAGAR,
      BANGALORE 560050

99.   MAMATHA RAMAN
      AGED ABOUT 52 YEARS,
      W/O RAMAN B A
      RESIDING AT NO. 493F,
      8TH CROSS, 7TH BLOCK, JAYANAGAR,
      BANGALORE 560011

100. RADHA RUKMINI MJ
     AGED ABOUT 79 YEARS,
     W/O M. JAYARAM,RESIDING AT
     NO. 103, PRASHAHHI
     NAGAR, KADHI COLONY
     TIRUPATI-517 501.
101. ARUN KUMAR K V
     AGED ABOUT 47 YEARS,
     S/O VENKATACHALAPATHI,
     RESIDING AT NO.30,
     SANJEEVINI 3RD MAIN,
     SAKAMMA GARDEN,
     BASAVANAGUDI,
     BANGALORE 560004
102. SRINIVASAN M
     AGED ABOUT 61 YEARS,
                       23

    S/O NARAYAN SETTY,
    RESIDING AT NO.31, J.C. ROAD,
    BANGALORE 560002

103. SELVI SRINIVAS
     AGED ABOUT 57 YEARS,
     W/O K.V. SRINIVAS,
     RESIDING AT NO. 310/A,
     11TH MAIN, 50 FEET ROAD,
     HANUMANTHANAGAR,
     BANGALORE 560050

104. SREEDHAR S.R
     AGED ABOUT 60 YEARS,
     S/O RAMACHANDRA RAO,
     RESIDIGN AT NO.130, SUMUKHA,
     RESIDENCY FLAT NO.202,
     DWARAKANAGAR UTTARAHALLI,
     KENGERI MAIN ROAD,
     CHANNASANDRA,
     BANGALORE 560061
105. EASWERNATH P.S
     AGED ABOUT 57 YEARS,
     S/O DR. P.R. SATYANARAYANA SETTY,
     RESIDING AT NO. 372,

    23TH MAIN, BTM LAYOUT, 2ND STAGE,
    1ST PHASE, BANGALORE 560075

106. SESHAKUMAR M.J
     AGED ABOUT 63 YEARS,
     S/O M. JAYARAM,
     RESIDING AT NOD.15-50,
     PADMAVATHI NAGAR,
     M.R PALLI,
     TIRUPATI 517502

107. SAGAR M.S
     S/O M J SHESHAKUMAR,
                       24

    AGED ABOUT 27 YEARS,
    RESIDING AT NO.15-50,
    PADMAVATHI NAGAR,
    M.R. PALLI,
    TIRUPATI 517502

108. VASHIST C.H
     AGED ABOUT 30 YEARS,
     S/O C.L HARISH BHAGWAN,
     RESIDING AT NO.997,
    STONE PALACE HOSAKEREHALLI MAIN ROAD,
    BSK III STAGE,
    BANGALORE 560085

109. SMT. JAYALAKSHMI RAVI
     AGED ABOUT 51 YEARS,
     W/O M.S RAVI,
     RESIDING AT NO. 383/21, HULIMAVU,
     BHANNERGHATTA ROAD,
     BANGALORE 560076

110. SRI SACHIDANANDA C MATT
     AGED ABOUT 58 YEARS,
     S/O VEERABHADRA RAJ,
     RESIDING AT NO. 395,
     13TH CROSS, SADASHIVANAGAR,
     BANGALORE 560080

111. ALOK RAMAN
     S/O B.A RAMAN,
     AGED ABOUT 30 YEARS,
     RESIDIGNA T NO. 493 F,
     8TH CROSS, 7TH BLOCK, JAYANAGAR,
     BANGALORE 560011
112. VIJAYALAKSHMI M S
     AGED ABOUT 47 YEARS,
     W/O MAKKAM SRINIVAS,
                        25

    RESIDING AT NO.44/1, MAGADI ROAD,
    BANGALORE 560023

113. PURUSHOTHAMA S
     AGED ABOUT 59 YEARS,
     S/O S.B. SUBBA RAO,
     RESIDING AT NO. 421,
     SRI RAGHAVENDRA TEMPLE ROAD,
     BASAVANAHALLI,
     CHIKKAMAGALORE

114. AMARNAG M.C
     AGED ABOUT 36 YEARS,
     S/O. CHANDRA MOHAN M.G.
     RESIDING AT NO. 444, 1ST BLOCK,
     JAYANAGAR,
     BANGALORE 560011
115. MUNIRATHNA C
     S/O CHANGALARAYA NAIDU,
     AGED ABOUT 72 YEARS,
     RESIDING AT NO.33/3,

    UPSTAIRS 5TH TEMPLE,
    MALLESHWARAM,
    BANGALORE 560003

116. SMT. PRATHIBA D.S
     AGED ABOUT 52 YEARS,
     W/O DEVATHA SRINIVAS,
     RESIDING AT NO. 2747, 6TH MAIN,
     BANASHANKARI, 2ND STAGE,
     BANGALORE 560026

117. SRI KRISHNA MURTHY M.R
     AGED ABOUT 91 YEARS,
     S/O MAKKAM RAMAIAH,
     RESIDING AT NO. 457,
     18TH MAIN, 4TH "T" BLOCK, JAYANAGAR,
     BANGALORE 560041
                       26



118. SRI SANDEEP S R
     AGED ABOUT 42 YEARS,
     S/O RAMANNA S.N.
     RESIDING AT NO. VASUPRADHA MEDICALS,
     DR. AMBEDKAR ROAD,
     CHICKMAGALUR 577101
119. SRI ANANTHA PRASAD B S
     AGED ABOUT 59 YEARS,
     S/O S. PRASAD,
     RESIDING AT NO. 47/1, MODEL HOUSE, 3RD
     STREET,BASAVANAGUDI,
     BANGALORE 560004

120. SMT. LALITHA B P
     AGED ABOUT 67 YEARS,
     D/O A.N. KANCHI,
     RESIDINGA T NO.48,
     10TH CROSS, 1ST MAIN,
     1ST BLOCK, JAYANAGAR,
     BANGALORE 560011

121. SMT. RADHA B.R
     AGED ABOUT 58 YEARS,
     W/O BHUPALAM RAMESH,
     RESIDING AT NO.31,
     3RD MAIN, SAKAMMA GARDEN,
     SAKAMMA GARDEN BASAVANAGUDI,
     BANGALORE 560004

122. SMT. SUMITHRAMMA M,K
     AGED ABOUT 83 YEARS,
     W/O MAKKAM KRISHNAMURTHY,
     RESIDING AT NO.516, 20TH MAIN,
     4TH "T" BLOCK,D JAYANAGAR,
     BANGALORE 560041
123. SRI ANAND DEVATHA
     S/O D. KRISHNASHETTY,
                        27

    RESIDING AT NO. 536, KOLLA COMPLEX,
    AVENUE ROAD,
    BANGALORE 560002

124. J R GEETHA
     AGED ABOUT 44 YEARS,
     W/O K. SURESHA,
     RESIDING AT NO. 886,
     "DHANYATHA" 515 COLONY,
     NEW THIPPASANDRA,
     HAL 3RD STAGE,
     BANGALORE 560075

125. H P KANTHARAJ
     S/O PUTTALINGAIAH,
     AGED ABOUT 54 YEARS,
     RESIDING AT NO. HOOKUNDA VILLAGE,
     UYAMBALL HOBLI,
     KANAKAPURA TALUK,
     RAMNAGAR DISTRICT
126. HANUMANTHA
     S/O.KEMPEGOWDA,
     AGED ABOUT 38 YEARS,
     RESIDING AT NO.870,
     9TH MAIN, 4TH STAGE, BEML LAYOUT,
     RAJARAJESHWARI NAGAR,
     BANGALORE-560098.

127. NAGARAJUN Y G
     S/O.R.GOVINDARAJULU,
     AGED BOUT 30 YEARS,
     RESIDIG T NO.594,
     2ND MAIN, 2ND PHASE,
     7TH BLOCK, BSK 3RD STAGE,
     BANGALORE-560085.

128. TALLAM V N
     S/O.V.N.SHETTY,
                       28

    AGED ABOUT 85 YEARS,
    RESIDING AT NO.594,
    11TH CROSS, 5TH MAIN,
    SADASHIVANAGAR,
    BANGALORE-560080

129. JAYASHREE T K
     W/O.T.A.KRISHNA KUMAR,
     AGED ABOUT 52 YEARS,
     RESIDIGN AT "PUSHPA"NO.269/35,
     10TH MIAN, 2ND BLOCK,
     JAYANAGAR,
     BANGALORE-560011.

130. SRINATH K
     S/O.K.N.SHETTY,
     AGED ABOUT 57 YEARS,
     RESIDING T NO.60,
     10TH MAIN, BINNY LAYOUT,
     VIJAYANAGAR 2ND STAGE,
     BANGALORE-560040

131. SHRUTHI RATHAN
     W/O.RATHAN K.H.,
     AGED ABOUT 34 YEARS,
     RESIDING AT NO.61/3,
     RESERVOIR STREET,
     BASVANAGUDI,
     BANGALORE-560004.

132. JANARDHAN GUPTA M S
     S/O.MANNANDI SRINIVASA SHETTY,
     AGED ABOUT 59 YEARS,
     RESIDING AT NO.19,
     4TH MAIN, ROAD,
     CHAMARAJPET,
     BANGALORE-560053.
                      29

133. BHOOPALAM VEENA CHETHAN
     W/O.B.P.CHETAN,
     AGED ABOUT 41 YEARS,
     RESIDING AT NO.39,
     38TH "A" CROSS,
     2ND MAIN, 8TH BLOCK,
     JAYANAGAR,
     BANGALORE-560082.

134. JAYANTH R BHOOPALAM
     S/O B.P.RAMESH,
     AGED ABOUT 30 YEARS,
     RESIDING AT NO.31,
     3RD MAIN, SAKAMMA GARDEN,
     BASAVANAGUDI,
     BANGALORE-560004.

135. DR HARI PRAKASH K V
     S/O KORAPATI VENKATRATHNAM,
     AGED ABOUT 71 YEARS,
     RESIDING AT NO.64,
     "ANJALI PRIYA",
     MODEL HOUSE STREET,
     BASAVANAGUDI,
     BANGALORE-560004.

136. KAVITHA HARISH
     W/O.M.HARISH,
     AGED ABOUT 45 YEARS,
     RESIDING AT NO.233,
     32ND "A" CROSS,
     7TH BLOCK, JAYANAGAR,
     BANGALORE-560082.

137. UMA D V
     W/O.D.VASUNDHARA MURTHY,
     AGED ABOUT 63 YEARS,
     RESIDING AT NO.2308,
                       30

    21ST CROSS, BSK 2ND STAGE,
    BANGALORE-560070.

138. PRASANNA KUMAR M L
     S/O.M.VENKATASUBBAIAH,
     AGED ABOUT 50 YEARS,
     RESIDING AT NO.7,
     4TH "A" MAIN,
     BEHIND SRINIVASA KALYANA MANTAPA,
     ANJANEYANAGAR, BSK 3RD STAGE,
     BANGALORE-560085.

139. SRINATH S S
     S/O.SRINIVASA SETTY S.R
     AGED ABOUT 48 EYARS,
     RESIDING T SVR & SONS,
     M.G.ROAD,
     CHICKMAGALUR-577101.

140. SULOCHANA K V
     W/O.VENKATESHWARA RAO,
     AGED ABOUT 55 YEARS,
     RESIDIGN AT NO.712,
     15TH CROSS, 9TH MAIN,
     2ND STAGE, KUMARASWAMY LAYOUT,
     BANGALORE-560078.

141. VENKTESHWARA RAO K
     D/O.R.RAO,
     AGED ABOUT 69 YEARS,
     RESIDING AT NO.713,
     24TH CROSS, 1ST STGE,
     KUMARASWAMY LAYOUT,
     BANGALORE-560078.

142. AMARNATH M J
     S/O.M.JAYARAM,
     AGED ABOUT 53 YEARS,
                       31

    RESIDING AT NO.30/3,
    MOUNT JOY ROAD,
    HANUMANTHANAGAR,
    BANGALORE-560019.

143. SURAJ H
     S/O.HARINATH P.,
     AGED ABOUT 36 YEARS,
     RESIDING AT NO.1107,
     10TH MAIN, 4TH CROSS,
     R.P.C.LAYOUT, VIJAYANAGAR,
     2ND STAGE,
     BANGALORE-560040.

144. SINDIA S R
     S/O.SHAYAM, R.RAMACHANDRA,
     AGED ABOUT 61 EYARS,
     RESIDING T NO.86,
     PRAMILA BAI NIVAS,
     DIAGONAL ROAD,
     V.V.PURAM,
     BANGALORE-560004.

145. ANURADHA B S
     W/O.BHOOPALAM SRINIVAS,
     AGED ABOUT 51 YEARS,
     RESIDING AT NO.138,
     SURVEGFOR STRET,
     BASAVANAGUDI,
     BANGALORE-560004.

146. ANNAPURNA K S
     W/O K.SRINATH,
     AGED ABOUT 45 YEARS,
     RESIDING AT NO.60,
     10TH MAIN ROAD,
     2ND STAGE, BINNYPET,
     BANGALORE-560040.
                        32

147. RAMACHANDRA K L
     S/O.KLAKSHMIRAM,
     AGED ABOUT 54 YEARS,
     RESIDING AT NO.37,
     "B" CROSS, EAST LINK ROAD,
     MALLESHWARAM,
     BANGALORE-560003.

148. CHANNAKESHAVA K S
     S/O.SHIVASWAMY,
     AGED ABOUT 55 YEARS,
     RESIDING AT NO.167,
     RATHNAGIRI KELABAGA KEMPANAHALLI,
     CHIKKAMANGALORE-577101.

149. NARAYANA
     S/O.PUTTASWAMY,
     AGED ABOUT 46 YEARS,
     RESIDING AT DODDAHALALLI VILLAGE,
     UYAMBALLI HOBLI,
     KANAKAPURA TALUK,
     RAMNAGARA DISTRICT.

150. SHIVARAM
     S/O.KEMPEGOWDA,
     AGED ABOUT 51 YEARS,
     RESIDING AT DODDAHALALLI VILLAGE,
     UYAMBALLI TALUK,
     KANAKAPURA TALUK,
     RAMNAGARA DISTRICT.

151. SATYA B R
     S/O.B.V.RAVIPRAKASH,
     AGED ABOUT 51 YEARS,
     RESIDING AT NO.1-B,
     SRI RANGA ISHWARYA,
     5/22, PAMP MAHAKAVI ROAD,
                       33

    SHANDARAPURAM,
    BANGALORE-560004.

152. PREMA M K
     W/O.M.J KODANDARAMA,
     AGED ABOUT 72 YEARS,
     RESIDING AT NO.CHOOKANNA STREET,
     CHICKMAGALUR-577101.

153. SATYANARAYANA
     S/O.THIMMAIAH,
     AGED ABOUT 38 YEARS,
     RESIDING AT NO.743,
     9TH CROSS, 5TH MAIN,
     M.C.LAYOUT,
     VIJAYANAGAR,
     BANGALORE-560040.

154. RAJKUMAR SINGH
     S/O.LATE I.RAJARAM SINGH,
     AGED ABOUT 61 YEARS,
     RESIDING AT NO.3/1,
     2ND MAIN ROAD,
     5TH BLOCK, RAJAJINAGAR,
     BANGALORE-560010.

155. BHOOPALAM PRAKASH
     S/O.B.R.PUTTANANJAPPA,
     AGED ABOUT 68 YEARS,
     RESIDING AT NO.39,
     38TH "A" CROSS, 2ND MAIN ROAD, 8TH BLOCK,
     JAYANAGAR,
     BANGALORE-560082.

156. DR RANGANATH
     S/O.H.R.DODDAIAH,
     AGED ABOUT 42 YEARS,
     RESIDING AT NO.1072,
                       34

    11TH MAIN, 2ND STAGE,
    WEST OF CHORD ROAD,
    MAHALAKSHMIPURAM,
    BANGALORE-560086.

157. M PARAMESH
     S/O.MUNILINGAIAH GOWDA,
     AGED ABOUT 52 YEARS,
     RESIDING AT NO.1/21(G-02),
     "GANGAN DEEP"
     HANUMANTHANAPPA LAYOUT,
     BANGALORE-560042.

158. SURESH BABU M K
     S/O.MAKAM KRISHNAMURTHY,
     AGED ABOUT 62 YEARS,
     RESIDING AT NO.457,
     18TH MAIN, 4TH "T" BLOCK,
     JAYANAGAR,
     BANGALORE-560041.

159. VENKATSH D R
     S/O.DONTHI RAMACHANDRA GUPTA,
     AGED ABOUT 39 YEARS,
     RESIDING AT RAMKUMAR ENTERPRISES,
     NO.643, 2ND CROSS, 2ND BLOCK,
     BDA LAND,
     APMC NEW YARD,
     YESHWANTHPURA,
     BANGALORE-56Y0022.

160. SWAROOP M N
     S/O.MYSORE NAGA,
     AGED ABOUT 36 YEARS,
     RESIDING AT NO.173,
     14TH CROSS, 8TH BLOCK,
     JAYANAGAR,
     BANGALORE-560082,
                        35

161. JAYAPRAKASH M K
     S/O.M K KRISHNA MURTHY,
     RESIDING T NO.556,
     20TH MAIN, 4TH "T" BLOCK,
     JAYANAGAR,
     BANGALORE-560041

162. PRASAD REDDY
     S/O.LATE G SHEREENIVASA REDDY,
     AGED ABOUT 53 YEARS,
     RESIDING AT NO.659,
     5TH CROSS, 3RD BLOCK,
     KORAMANGALA,
     BANGALORE-560034.

163. P VISHWAS
     S/O.SRI G.PRASAD REDDYL,
     AGED ABOUT 27 YEARS,
     RESIDING AT NO.C-5,
     CORPORATION NO.5-5,
     2ND BLOCK,
     KORAMANGALA LAYOUT,
     BANGALORE-560034.

164. SRIDHARAN SRINIVASAN
     S/O.LATE A.K.SRINIVASAN,
     AGED ABOUT 41 YEARS,
     RESIDINT AT NO.405,
     SANGEETHA APARTMENT,
     5TH CROSS, MALLESHWARAM,
     BANGALORE-560003.

165. S RAMANA PRASAD REDDY
     S/O .LATE G.SRINIVASA REDDY,
     AGED ABOUT 53 YEARS,
     RESIDING AT NO.153,
     19TH MAIN, 6TH BLOCK,
                      36

    KORAMANGALA,
    BANGALORE-560095.

166. KISHORE KUMAR
     S/O.SHRI.SATYANARAYANA,
     AGED ABOUT 47 YEARS,
     RESIDING AT NO.56,
     BETWEEN 4TH AND 5TH, TEMPLE STREET,
     15TH CROSS ROAD,
     MALLESHWARAM,
     BANGALORE-560003.

167. C RAMESH KUMAR
     S/O.SHRI.M.CHIKKAPAIAH,
     AGED ABOUT 44 YEARS,
     RESIDING T NO.587,
     1ST CROSS ROAD,
     3RD BLOCK, KORAMANGALA,
     BANGALORE-560034.

168. K VIJAYA KUMAR
     S/O.SHRI.G.KRISHNA REDDY,
     AGED ABOUT 40 YEAR,S
     RESIDING AT NO.147,
     3RD CROSS, 6TH BLOCK,
     KORAMANGALA,
     BANGALORE-560095.

169. KUSUMA REDDY
     D/O.LATE S.M.RANGA REDDY,
     AGED ABOUT 43 YEARS,
     RESIDING AT NO.230,
     18TH MAIN, 6TH BLOCK, KORAMANGALA,
     BANGALORE-P560034.

170. ANUPAMA R REDDY
     W/O.S.RAMANA PRASAD REDDY,
     AGED ABOUT 41 YEARS,
                       37

    RESIDING AT NO.153,
    19TH MAIN,
    BANGALORE-560034.

171. B N NAGARAJ
     S/O.SHRI B.R.NANJUNDAIAH,
     AGEDA BOUT 38 YEDARS,
     RESIDING AT NO.64,
     1ST MAIN, 1ST CROSS,
     MARASPPA LAYOUT,
     R.R.NAGAR,
     BANGALORE-5600989.

172. U B SHETTY
     S/O.SHRI.N.MADIAH SHETTY,
     AGED ABOUT 50 YEARS,
     RESIDING AT NO.54,
     "NALANDA", PALACE GARDEN APARTMENT,
     PALACE CROSS RAOD,
     BANGALORE-560001

173. JEEVITHA K
     W/O.SHRI.K.P MOHAN KUMAR,
     AGED ABOUT 23 YEARS,
     RESIDING AT NO.153,
     19TH MAIN, 6TH BLOCK,
     KORAMANGALA,
     BANGALORE-560095.

174. CHINNARAJ
     S/O.SHRI SANDHYAGAPPA,
     AGED ABOUT 43 YEARS,
     RESIDING AT NO.6,
     "ARKAVATHY ROAD,
     3RD CROSS, "C" ROAD,
     IDEAL HOMES TOWNSHIP,
     2ND STAGE, RAJA RAJESHWARI NAGAR,
     BANGALORE-560098.
                       38

175. M A SOMASHEKAR
     S/O.SHRI.ANKEGOWDA,
     AGED ABOUT 49 YEARS,
     RESIDING AT NO.326,
     10TH "A" MAIN ROAD,
     MANJUNATHANAGAR,
     BANGALORE-560010.

176. SIDDESH S M
     S/O.SHRI BOGESHA S.M
     AGED ABOUT 57 YUEARS,
     RESIDING AT NO.23/3,
     MAIN ROAD, SHANTHINIKETHAN SCHOOL
     ROAD,
     BINNIPET,
     BANGALORE-560040.

177. MANJULA CHANDRANNA
     W/O.SHRI PRAMOD K.J.
     AGED ABOUT 34 YEARS,
     RESIDING AT NO.16/32,
     SRI SAI VENKATA NILAYA,
     16TH MAIN ROAD,
     4TH BLOCK, NANDINI LAYOUT,
     BANGALORE-560096.

178. UMESH H S
     S/DO.SHRI SOMARAJE GOWDA,
     AGED ABOUT 54 YEARS,
     RESIDING AT NO.83,
     2ND FLOOR, TALA ILK FARM,
     6TH "A" MAIN ROAD,
     BASAVANAGUDI,
     BANGALORE-560004.

179. K M LAKSHMI
     S/O.SHRI.G.PRASAD REDDY,
     AGED ABOUT 48 YEARS,
                       39

    RESIDING AT NO.659,
    5TH CROSS, 3RD BLOCK, KORAMANGALA,
    BANGALORE-560034.

180. G V SHIVARAM
     S/O.SHRI.G.S VENKATESH,
     AGED ABOUT 44 YEARS,
     RESIDING AT NO.180,
     "GEETHA GOVINDA",
     7TH CROSS, AGB LAYOTU,
     NANDINI LAYOUT,
     BANGALORE-560096.

181. R MADAN MOHAN REDDY
     S/O.SHRI.K.V.RANGANATHAN REDDY,
     AGED ABOUT 47 YEARS,
     RESIDING AT NO.105,
     K.H.B. COLONY,
     KORAMANGALA,
     BANGALORE-560095.

182. SUNDARESH G
     S/O.LATE GURUAPPA,
     AGED ABOUT 47 YEARS,
     RESIDING AT NO.380/B,
     7TH CROSS, KALYANAGARA,
     NAGARABHAVI, 1ST STAGE,
     II BLOCK,
     BANGALORE-560072.

183. SHASHIRAJ SHETTY
     S/O SHRI.T.SHIVARAM SHETTY,
     AGED ABOUT 44 YEARS,
     RESIDING AT NO.B-904,
     ADARSH RHYTHM,
     3RD MAIN PANDURANGA NAGAR,
     OFF, BANEERGHATTA ROAD,
     BANGALORE-560076.
                           40

184. G S V REDDY
     S/O.LATE.G.GULLA REDDY,
     AGED ABOUT 51 YEARS,
     RESIDIGN AT NO.85,
     3RD SECTOR, HSR LAYOUT,
     BANGALORE-560102.

185. NEELIMA REDDY
     S/O.SHRI SUDHAKAR RAO DUGHYALA,
     AGED ABOUT 36 YEARS,
     RESIDING AT NO.401 W BROADWAY,
     PORT JEFFERSON,
     NY11777

186. SMT C V RAJAMMA
     W/O.LATE.C.K.VENKATACHALAIAH,
     AGED ABOUT 75 YEARS,
     RESIDING AT NO.15/1,
     RAMA IYENGAR ROAD,
     V.V.PURAM,
     BANGALORE-560004.     .. RESPONDENTS

(BY SRI. S AJESH KUMAR FOR R1;
NOTICE TO R-2 TO R-186 ARE DISPENSED WITH)

       THIS APPEAL IS FILED UNDER ORDER 43 RULE
1(R)CPCAGAINST THE ORDER DATED 20.06.2013
PASSED ON I.A.NO.2 IN O.S.NO.4329/2013 ON THE
FILE    OF   THE   27TH   ADDL.CITY   CIVIL   JUDGE,
BANGALORE ISSUING NOTICE ON I.A.NO.2 FILED
UNDER ORDER 39 RULE 1 & 2CPC.


       THIS APPEAL COMING FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                                41

                       JUDGMENTFirst defendant is in appeal challenging ad-interim

exparte order of injunction granted on I.A. Nos.1, 2, 4 to

6 in O.S No. 4329/2013 on 20-06-2013 whereunder

trial Court has directed both the parties to maintain

status quo with respect to suit schedule property till

further orders.2.     I have heard arguments of Sri Udaya Holla,

learned Senior Counsel appearing on behalf of Sri

Shashikiran Shetty for first defendant appellant and Sri

Ajesh        Kumar   learned    Advocate   appearing    for

respondent-1-plaintiff. Notice to respondents-2 to 186

has been dispensed with by order dated 7.11.2013.3.     By consent of learned advocates appearing

for both parties this appeal is taken up for final

disposal.424.      At the outset, Sri Ajesh Kumar, learned

Advocate appearing for respondent-1 has contended

that appeal is not maintainable against an exparte order

of temporary injunction. Hence, I would be dwelling

upon the issue of maintainability of this appeal at the

first instance.5.      Sri Udaya Holla, learned senior counsel

appearing for appellant would contend that when an

exparte order of temporary injunction is granted and

when        defendant   appears    and   files   statement   of

objections or files an application for vacating the same

by invokingOrder 39 Rule 3 of CPC, it is incumbent

upon the trial court to dispose of said application within

30 days as otherwise, aggrieved party would have a

right of appeal and Order 43 Rule 1(r)of CPCcan be

invoked even in such circumstances.In support of his

submission, he has relied upon decision of Hon'ble Apex

Court in the case ofA VENKATASUBBAIAH NAIDU vs S

CHELLAPPAN & OTHERSreported in (2000) 7 SCC 695.43He would contend that order of status quo ought not to

have been granted since there is no prima facie case or

balance of convenience in favour of plaintiff and he also

submits    that   by   virtue   of   granting   such   order

irreparable loss or injury that would be caused to the

defendant is much more than injury that would be

caused to the plaintiff if at all any.6.    Per contra, Sri Ajesh Kumar, would submit

that at the time of considering prayer for grant of ad-

interim exparte order of temporary injunction prayed for

by the plaintiff in I.A Nos. 2, 4 to 6, trial Court has

granted an order of status quo instead of granting

exparte ad-interim order of temporary injunction and

first defendant has already filed application for vacating

said order and as such appeal in question is not

maintainable. Hence, he prays for rejection of the

appeal.447.    It is also contended by him that both the

parties have already addressed arguments on all

pending applications and they have also filed written

arguments and when the matter was reserved for

orders, for the reasons best known, no orders came to

be pronounced and suddenly matter came to be

transferred to a different Court by the Principal District

Judge on administrative side in exercise of his powers

underSection 24CPC and no fault can be laid at the

doors of the plaintiff for delay in disposing of pending

applications. On this ground also, he seeks for rejection

of the present appeal.8.    Having heard learned advocates appearing

for parties and on perusal of the order under challenge,

certified copies of the order sheet made available by the

respective learned advocates and pleadings referred to

in extenso as also case laws cited at the bar, I am of the

considered view that following two points would arise for

my consideration.45(1)    Whether      appeal   in   question     is
           maintainable or not?(2)   Whether order of the trial court dated
           20-06-2013 is to be set aside, varied,
           modified or vacated?(3)   What order?RE : POINT NO. 1:9.    It is an undisputed fact that at the time of

presenting the plaint, plaintiffs have filed I.A.Nos.1 to

8/2013. In respect of I.As.2, 4 to 6 an order of

temporary injunction as prayed for therein was sought

for and exparte ad-interim order of temporary injunction

dispensing with notice to defendants was also sought

for in these applications. Trial Court, after considering

the pleadings and examining the contentions raised by

learned Advocate appearing for plaintiffs, has passed

the following order:"Therefore, the applications at I.A.No.I is
     allowed and plaintiff Company is permitted to
     file the suit against defendant No.5 by
     dispensing the service of notice underSection
     64(2)of the Bangalore Development Act. So
     also both the parties are directed to maintain46status quo with respect to the suit schedule
     property till further orders. Plaintiff Company
     is directed to complyOrder 39 Rule 3 of CPC.Issue notice of I.As.I to VIII and suit
     summons to defendants 1 to 186 returnable
     on 8.7.2013.Sd/-XXVII Addl.City Civil Judge,
                                Bangalore"10.   Defendant No.1 appeared on 08.07.2013 and

filed objections to all the applications namely, I.As.2 to

8 and also application was filed under Order 7 Rule

11(d) seeking rejection of the plaint which interlocutory

application came to be numbered as I.A.No.9. Thus,

defendant No.1 had objected to for exparte interim order

of status quo being continued as can be evidenced from

statement of objections.11.   Mandate of Rule 3(A) ofOrder 39 CPCis to

dispose of an application for injunction within 30 days

when such an order has been passed by dispensing

with notice to the other side. If for any reason such an47order cannot be passed, it would be incumbent upon

trial Court to record its reasons for its inability to pass

such order.12.   Though in the instant case, it is not in

dispute that learned Advocates appearing for both

parties addressed arguments on day-to-day basis as can

be seen from the order sheet and matter came to be

listed for orders on I.As.2 to 12 on 27.08.2013, it was

not pronounced. Subsequently, matter was adjourned

to 31.08.2013. Order sheet would indicate that orders

were not ready on that day and learned Advocate has

filed vakalathnama on behalf of defendant No.124 and it

came to be adjourned to 06.09.2013 and again it was

adjourned to 16.09.2013. On 16.09.2013 matter was

adjourned to 30.09.2013 and on 30.09.2013 plaintiff

was directed to take fresh steps to unserved defendants

and it was adjourned to 19.10.2013. However, in the

meanwhile,    by   notification   dated   05.10.2013   the

Principal District Judge, Bangalore transferred the said48suit from XXVII Addl.City Civil & Sessions Judge

(C.H.No.9) to XL Addl.City Civil Judge, Bangalore

(C.H.No.41) for disposal in accordance with law vide

notification No.ADM/1(A)-963/2013 dated 05.10.2013.

On account of exparte order of status quo granted on

20.06.2013 having not been vacated and in view of Rule

3(A) ofOrder 39 CPCnot having been complied by trial

Court, first defendant has approached this Court by

filing an appeal by invoking Order 43 Rule 1(r)CPCcontending that application for injunction has not been

disposed of within 30 days and no reasons have been

assigned by the trial Court for postponement. Hon'ble

Apex Court in the case ofA VENKATASUBBAIAH NAIDU

vs S CHELLAPPAN & OTHERSreported in (2000) 7 SCC

695 has examined the underlying principle of Rule 3A ofOrder 39 CPCand it has been held that an aggrieved

party namely, against a person whom an order of

injunction is passed by trial Court and if it is acting

oppressive, he cannot be left in the lurch and he would49be entitled to file an appeal under Order 43 Rule 1(r)CPC. Their Lordships have held:"17. The Rule does not say that the
          period of the injunction order should be
          restricted by the Court to thirty days at the
          first instance, but the Court should pass
          final order on it within thirty days from the
          day on which the injunction was granted.
          Hence, the order does not ipso facto become
          illegal merely because it was not restricted
          to a period of thirty days or less.18. Nonetheless,       we    have     to
          consider the consequence, if any, on
          account of the Court failing to pass the final
          orders within thirty days as enjoined by
          Rule3-A.19. The aforesaid Rule casts a
          three-pronged protection to the party
          against whom the ex parte injunction order
          was passed. First is the legal obligation that
          the Court shall make an endeavour to
          finally dispose of the application of
          injunction within the period of thirty days.
          Second is, the legal obligation that if for any
          valid reasons the Court could not finally
          dispose of the application within the
          aforesaid time the Court has to record the
          reasons thereof in writing.20. What would happen if a Court
          does not do either of the courses? We have
          to bear in mind that in such a case the
          Court would have by-passed the three
          protective humps which the legislature has
          provided for the safety of the person against
          whom the order was passed without
          affording him an opportunity to have a say
          in the matter. First is that the Court is50obliged to give him notice before passing the
order. It is only by way of a very exceptional
contingency that the Court is empowered to
by-pass the said protective measure.
Second is the statutory obligation cast on
the Court to pass final orders on the
application within the period of thirty days.
Here also it is only in very exceptional cases
that the Court can by-pass such a rule in
which cases the legislature mandates on the
court to have adequate reasons for such
bypassing and to record those reasons in
writing. If that hump is also bypassed by
the Court it is difficult to hold that the party
affected by the order should necessarily be
the sole sufferer.21. It is the acknowledged position
of law that no party can be forced to suffer
for the inaction of the court or its omissions
to act according to the procedure
established by law. Under the normal
circumstances the aggrieved party can
prefer an appeal only against an order
passed under Rules 1,2,2A, 4 or 10 of Order
39 of the Code in terms of Order 43 Rule 1
of the Code. He cannot approach the
appellate or revisional court during the
pendency of the application for grant or
vacation of temporary injunction. In such
circumstances the party who does not get
justice due to the inaction of the court in
following the mandate of law must have a
remedy. So we are of the view that in a case
where the mandate of Order 39 Rule 3A of
the Code is flouted, the aggrieved party,
shall be entitled to the right of appeal
notwithstanding the pendency of the
application for grant or vacation of a
temporary injunction, against the order
remaining in force. In such appeal, if
preferred, the appellate court shall be51obliged to entertain the appeal and further
           to take note of the omission of the
           subordinate court in complying with the
           provisions of Rule 3A. In appropriate cases
           the appellate court, apart from granting or
           vacating or modifying the order of such
           injunction, may suggest suitable action
           against the erring judicial officer, including
           recommendation to take steps for making
           adverse entry in his ACRs. Failure to decide
           the application or vacate the ex-parte
           temporary injunction shall, for the purposes
           of the appeal, be deemed to be the final
           order passed on the application for
           temporary injunction, on the date of expiry
           of thirty days mentioned in the Rule.In the said case, Hon'ble Apex Court was examining the

order passed by trial Court in exercise of jurisdiction

underArticle 227of Constitution of India namely,

supervisory jurisdiction and it did not interfere with the

order passed by the High Court in the facts of said case.However, principles laid down therein would clearly

indicate that an aggrieved party namely, a person

against whom an order of injunction or injunctive relief

is passed cannot be held that he would have no right of

remedy of approaching the appellate Court. It has been

clearly held that when the mandate of Rule 3A of Order5239CPCcommends     that    Court   which   issues an

injunctive relief ought to pass an order within 30 days

on such application by going into merits of the case and

if not, record reasons for such extension, only then an

appeal can be held as not maintainable. As otherwise, it

would be well within the limits of appellate Court to

examine as to whether such an order is to be continued,

vacated, varied or modified. In that view of the matter, I

am of the considered view that point No.(1) is to be held

in the affirmative by concluding that present appeal is

maintainable.RE: POINT NO.(2):13.   There is no dispute in the present case that

on appearance of first defendant before trial Court on

08.07.2013 not only objections to all the applications

namely, I.As.2 to 8 were filed along with written

statement but also an application under 7 Rule 11(d)CPCwas filed, to which plaintiff has also filed its

objections to the said application. It is also not in53dispute that all these applications were taken together

for consideration up by the trial Court on day-to-day

basis and arguments were advanced by respective

learned Advocates. However, when the matter was listed

for orders as already noticed herein above, it did not

pronounce the orders and matter came to be adjourned

from time to time. Learned Prl.District Judge has

passed an order on 05.10.2013 withdrawing the said

suit from XXVII Addl.City Civil & Sessions Judge

(C.H.No.9) and transferred the same to XL Addl.City

Civil Judge, Bangalore (C.H.No.41). In other words, till

the date of reserving the matter for orders by C.H.No.9

on 27.08.2013, no fault can be found.     Undisputedly,

orders were not pronounced on 31.08.2013 by trial

Court (C.H.No.9).        Thereafter matter came to be

adjourned from time to time . Reason assigned by the

trial Court on 31.08.2013 for not pronouncing the order

is "not ready". Hence, it was adjourned to 06.09.2013

and   thereafter    to    16.09.2013,   30.09.2013    to

19.10.2013.   In the meanwhile, matter came to be54transferred from C.H.No.9 to C.H.No.40 as already

observed herein above.14.     At the time of seeking exparte order of

temporary injunction, plaintiff has pressed its prayer

made in I.As.2, 4, 5 & 6 which is for grant of temporary

injunction    and   also   exparte   ad-interim   order   of

temporary injunction by dispensing with notice to

defendants. It is these four applications which came to

be examined, considered and order was passed by the

trial Court on 20.06.2013 directing the parties to

maintain status quo. In other words, order passed on

20.06.2013 directing the parties to maintain status quo

relates to I.A.Nos.2,4,5 & 6. In view of the fact that all

the suits are now transferred to C.H.No.41 and learned

Advocates are required to address their arguments

afresh, it would suffice if trial Court is directed to

consider these applications namely, IAs.2, 4 to 6 at the

first instance and dispose of them on merits and in

accordance with law expeditiously at any rate within55three (3) weeks from the next date of appearance. Trial

Court is at liberty to pass orders after considering

arguments of learned Advocates on these applications

namely, I.As.2 and 4 to 6.15. Hence, without expressing any view on merits

of rival contentions raised in this appeal, since this

Court is not passing any order on these applications

and also on account of undisputed fact that said

applications are yet to be disposed of by trial Court, said

direction is issued. Order of status quo which was

granted by the trial Court at the first instance on

20.06.2013 and which is in force as on date shall

remain in force for a period of three weeks from the date

of appearance of the parties namely, on 21.11.2013

which is agreed upon by the           learned   Advocates

appearing for parties as to be the date of hearing. They

also submit that though matter is listed for hearing on

27.11.2013, necessary application would be made by

them for advancing the case. Hence, placing their56submissions on record, this appeal stands disposed of

in the above terms. However, Trial Court is not

prevented from considering any other applications, in

which event also, time frame fixed by this Court shall be

adhered to. Both parties to co-operate with the trial

Court.In view of this appeal having been disposed of,

application - I.A.2/13 does not survive for consideration

and accordingly, it stands rejected.Sd/-JUDGE




*sp