Smt Tarabai vs Sri N Seshagiri
2022 Latest Caselaw 2776 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                      BEFORE

         THE HON'BLE MR. JUSTICE M.I.ARUN

            R.F.A.NO. 306 OF 2008 (DEC)
BETWEEN:

SMT. TARABAI
W/O LATE L.K.SRINIVASA MURTHY
AGED ABOUT 75 YEARS
R/AT #1760, 34TH CROSS
13TH MAIN ROAD, BSK IIND STAGE
BANGALORE - 560 070                     ... APPELLANT

(BY SRI. SIVARAMAKRISHNAN M.S., ADV.)

AND:

1.     SRI. N. SESHAGIRI
       S/O NATESAN
       AGED ABOUT 74 YEARS

       (R-1 DIED ON 9.9.2016.
       R-2 AND R3 ARE HIS LRS.,
       WHO ARE ALREADY ON RECORD
       AMENDMENT CARRIED AS PER
       COURT ORDER DATED 13.06.2018)

2.     SMT. S. JAYALAKSHMI
       W/O N. SESHAGIRI
       AGED ABOUT 64 YEARS

3.     MISS.RAMA
       D/O N. SESHAGIRI
       AGED ABOUT 30 YEARS
                            2



     ALL ARE R/AT #52
     BANNERGHATTA ROAD LAYOUT
     TILAK NAGAR
     BENGALURU - 560 041

4.   M/S INDIAN MOTOR PARTS
     AND ACCESSORIES LTD.
     #27, PATULLOS ROAD
     CHENNAI (MADRAS) - 600 002
     REP. BY ITS COMPANY SECRETARY
                                       ... RESPONDENTS
(BY SRI.S.V.BHAT, ADV. AND
    SRI.B. T. GIRISH, ADV. FOR C/R1 TO R3
    IN CP.NO.97/2008;
    SRI. PADUBIDRI MOHAN RAO; ADV. FOR R4;
    R2 AND R3 ARE LRS. FOR DECEASED R1)

     THIS REGULAR FIRST APPEAL IS FILED UNDER
SECTION 96 READ WITH ORDER XLI R1 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 17.01.2008 PASSED
IN O.S.NO.196/2006 ON THE FILE OF THE XXXIX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE (CCH-40) DECREEING THE SUIT FOR
DECLARATION AND PERMANENT INJUNCTION.

    THIS REGULAR FIRST APPEAL COMING ON FOR
ORDERS, THIS DAY, THE COURT THROUGH VIDEO
CONFERENCE DELIVERED THE FOLLOWING:

                       JUDGMENT

Appellant and respondent Nos.2 and 3 have filed the

compromise petition. Respondent No.1 is dead and

deleted. It is submitted that respondent No.4 is a

company and dispute is between appellant and respondent

Nos.2 and 3 is in respect of the shares of respondent No.4

-company and respondent No.4 - company has

undertaken before the trial Court that they will abide by

the decision of the Court in the lease between appellant

and respondent Nos.2 and 3.

2. Respondent No.4 - company though represented

by an advocate is absent today.

3. The compromise petition is taken on record.

4. Appellant and respondent Nos.2 and 3 are

present before the Court by Video Conference and are duly

identified by their advocates. Hence, the following:-

ORDER

Appeal is disposed of in terms of compromise.

Office to draw modified decree accordingly.

Sd/-

JUDGE MH/-