Karnataka High Court
Sri Muneswaraswamy Trust vs Sri Vidyaganapathy on 4 December, 2023
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2023:KHC:43739
RFA No. 1274 of 2008
C/W RFA No. 12 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1274 OF 2008 (INJ)
C/W REGULAR FIRST APPEAL NO. 12 OF 2009
IN RFA NO.1274/2008
BETWEEN:
1. SRI GOVINDARAJU
AGED ABOUT 56 YEARS
S/O. KENDANAYAKA
R/AT 19TH CROSS,
NEAR MARIYAPPA WELL
3RD MAIN, KEMPAPURA AGRAHARA
BHUVANESHWAR NAGAR,
BANGALORE - 560 023
2. SRI MADHU
Digitally AGED ABOUT 51 YEARS
signed by R
MANJUNATHA S/O. LATE MADHAVAIAH
Location: R/AT NO.138, 3RD CROSS
HIGH COURT PIPE LINE EAST, KASTURABA NAGAR
OF
KARNATAKA BANGALORE - 560 006.
3. SRI MAHADEVAIAH
S/O. LATE LAKSHMAIAH
AGED ABOUT 65 YEARS
R/O. NO.91, KEMPAPURA AGRAHARA
9TH CROSS, IIIRD MAIN
BHUVANESHWARA NAGAR
BANGALORE - 560 023
-2-
NC: 2023:KHC:43739
RFA No. 1274 of 2008
C/W RFA No. 12 of 2009
4. SRI VASUDEVA MURTHY
AGED ABOUT 51 YEARS
S/O. GURUBASAVAIAH
E S I HOSPITAL, 2ND CROSS
MAGADI ROAD,
BANGALORE-560 025.
...APPELLANTS
(BY SRI. V VINOD REDDY., ADVOCATE -ABSENT
V/O DT. 3/11/2022 APPEAL AGAINST
A3 STANDS ABATED)
AND:
1. SRI VIDYAGANAPATHY ANNAPOORNESHWARI
SEVA SANGHA (REGD)
NO.13, 5TH CROSS, KONENA AGRAHARA,
MARIAYAPPANAPALYA,
NEAR MUNESHWARA TEMPLE,
BANGALORE-560 023
REPRESENTED BY ITS SECRETARY.
2. SRI MUNESHWARASWAMY TRUST
IIIRD MAIN, BHUVANESHWARINAGAR
KEMPAPURA AGRAHARA
BANGALORE - 560023
REPRESENTED BY ITS SECRETARY.
...RESPONDENTS
(BY SRI.SHANKAR REDDY., ADVOCATE FOR R1;
SRI. A.Y.N. GUPTA. ADVOCATE FOR R2)
THIS REGULAR FIRST APPEAL IS FILED U/S 96 OF CPC
AGAINST THE JUDGEMENT AND DECREE DATED 23.10.2008
PASSED IN OS.NO.1670/1993 ON THE FILE OF THE V
ADDL.CITY CIVIL JUDGE, BANGLAORE, DECREEING THE SUIT
FOR PERMANENT INJUNCTION AND ETC.,
IN RFA NO.12/2009
BETWEEN:
SRI MUNESWARASWAMY TRUST
-3-
NC: 2023:KHC:43739
RFA No. 1274 of 2008
C/W RFA No. 12 of 2009
III MAIN, BHUVANESWARINAGAR,
KEMPAPURA AGRAHARA,
BANGALORE CITY
CORPORATION DIVISION NO.22,
BANGALORE-560 023
REPRESENTED BY ITS PRESIDENT
MR.MALLAPPA
...APPELLANT
(BY SRI J.ARAVIND BABU, ADVOCATE
VIDE ORDER DATED 3/11/2022, APPEAL AGAINST A3 STANDS
ABATED)
AND
1 . SRI VIDYAGANAPATHY
ANNAPOORNESWARI SEVA SANGHA ®
NO.13, 5TH CROSS,
KEMPAPURA AGARHARA
MARIYAPPANAPALYA,
NEAR MUNESWARA TEMPLE
BANGALORE-560 023
2 . SRI GOVINDARAJU
MAJOR BY AGE,
RESIDING AT 19TH CROSS
NEAR MARIYAPPA'S WELL,
III MAIN,
KEMPAPURA AGRAHARA,
BHUVANESWARINAGAR
BANGALORE-560 023
3. SRI MADHU
S/O SANNAPPA
MAJOR BY AGE
ROOM NO.11, RECORD SECTION,
GROUND FLOOR,
VIDHANASOUDHA,
BANGALORE -560 001
4. MAHADEVAIAH
-4-
NC: 2023:KHC:43739
RFA No. 1274 of 2008
C/W RFA No. 12 of 2009
S/O.LAKSHMAIAH
AGED ABOUT 68 YEARS
NO.91, KEMPAPURA AGRAHARA,
9TH CROSS, 3RD MAIN,
BHUVANESWARINAGAR,
BANGALORE-560 023
5. VASUDEVA MURTHY
S/O.GURUBASAVAIAH
ESI HOSPITAL, II CROSS,
MAGADI ROAD,
BANGALORE-560 010
......RESPONDENTS
(BY SRI V. VINOD REDDY, ADVOCATE FOR R2, R3 & R5 -
ABSENT; R1 - SERVED;
VIDE ORDER DT.03.11.2022 APPEAL AGAINST R4 STANDS
DISMISSED AS ABATED)
THIS RFA IS FILED UNDER SECTION 96 CIVIL
PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE
DATED 23.10.2008 PASSED IN O.S.NO.1670/1993 ON THE FILE
OF THE V ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING
THE SUIT FOR PERMANENT INJUNCTION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
THE COURT PASSED THE FOLLOWING:
ORDER
None present on behalf of the appellants, despite
granting sufficient time. Suit is one for bare injunction and suit
is decreed. Appeal came to be filed by defendant Nos.2 to 5,
NC: 2023:KHC:43739
challenging the validity of judgment and decree passed in
O.S.No.1670 /1993.
2. If at all the above defendants have affected by the
impugned judgment by claiming that they are the owners of
the property, it is always open for those defendants to file a
separate suit establishing their title over the suit property.
3. Taking note of the said aspect of the matter and the
appeal is pending since 2008, RFA No.1274/2008 stands
dismissed for non prosecution.
4. After hearing for some time Sri J.Aravind Babu, learned
counsel for the appellant in RFA 12/2009, he files a memo.
Memo reads as under:
"The appellant may be permitted to
withdraw the appeal, reserving liberty to the
appellant to file a separate suit for declaration
and possession. The appeal may be disposed
of in terms of the memo in the ends of equity
and justice."
NC: 2023:KHC:43739
5. In view of the memo, RFA 12/2009 stands dismissed as
withdrawn with liberty as prayed for.
Sd/-
JUDGE
MR
