Karnataka High Court
O.A.A. Ananthapadmanabhan Chettiar vs V Suryanarayana M A B Com B L on 2 August, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:30591
RFA No. 752 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 752 OF 2018 (PAR/INJ)
BETWEEN:
1. O.A.A. ANANTHAPADMANABHAN CHETTIAR
AGED ABOUT 79 YEARS
S/O LATE A R ADAIKAPPA CHETTIAR
RESIDING AT 7-A, QUEEN'S COURT,
130-A, MONTIETH ROAD,
MADRAS - 600008.
...APPELLANT
(BY SMT.SIRI RAJASHEKAR, ADVOCATE FOR
SRI. C.N.VENUGOPAL, ADVOCATE)
AND:
V SURYANARAYANA M.A., B COM., B.L,
ADVOCATE
AGED ABOUT 82 YEARS
SON OF SRI H N VENKATESIYA,
Digitally
signed by 'AMRIT' UPPER PIPE LINE CROSS,
KIRAN SESHADRIPURAM BANGALURU - 2,
KUMAR R
Location: SINCE DEAD
HIGH
COURT OF
KARNATAKA 1. P R CHOCKALINGAM
AGED ABOUT 78 YEARS
S/O SRI V P M PERIAKARUPPAN CHETTIAR,
HINDU,
R/AT 227 (NEW NO. 802), 39TH 'C' CROSS,
9TH MAIN, V BLOCK, JAYANAGAR
BANGALORE - 560004.
2. N S SRIMANTHARAJAN
AGED MAJOR,
S/O SRI S SWARNA BHADRAN
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RFA No. 752 of 2018
No.1718, 6TH MAIN, II STAGE,
RAJAJINAGAR, BANGALURU - 560010.
3. MISS MAITHREYI RAMADURAI
MAJOR DAUGHTER OF SRI RAMADURAI
LEGAL PRACTITIONER
No.25, T.T.K. ROAD, MADRAS - 600018.
SUPPA ARUNACHALAM
AGED ABOUT 90 YEARS
HINDU SON OF SRI SUBRAMANIAN CHETTIAR
RESIDING AT SORGAVASAL STREET
NARAYANAPURAM
PALLATHUR, TAMIL NADU - 623107
SINCE DEAD
SMT AR A VALLIAMAI ACHI
AGED ABOUT 85 YEARS, HINDU
WIFE OF LATE SRI A R ADAIKAPPA CHETTIAR
R/A 7-A QUEEN'S COURT 130-A,
MONTIETH ROAD, MADRAS - 600008
SINCE DEAD
4. SMT A L SARADAL ACHI
AGED ABOUT 77 YEARS
DAUGHTER OF LATE SRI A R ADAIKAPPA CHETTIAR
HINDU
RESIDING AT 4 - C, NAIGARA APARTMENTS,
II FLAT 4 C, 4TH FLOOR, STERLING ROAD,
MADRAS - 600034.
5. M/S AR ADAIKAPPA CHETTIAR CHARITY TRUST
NOW UNDER UNLAWFUL MANGEMENT
AND CONTROL OF DEFENDANTS 1 TO 5 HEREIN
HAVING ITS OFFICE AT
NO.48 LAVELLE ROAD, BANGALURU - 560001
ALSO
FIRST PESTALOZZI VILLAGE
MAGADI ROAD,
BAPAGRAM P O, BANGALURU - 560091.
6. M/S SRI VENKATESA MILLS LTD
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RFA No. 752 of 2018
A PUBLIC LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT
PALANI ROAD, VENKATESA MILLS POST
UDAMALPET - 642128 (TAMIL NADU).
7. M/S LAKSHMI MILLA COMPANY LTD
A PUBLIC LIMITED COMPANY INCORPORATED UNDER
THE COMPANIES ACT HAVING ITS REGISTERED
OFFICE AT 348, AVANASHI ROAD,
COIMBATORE - 641037 (TAMIL NADU)
8. M/S STATE BANK OF INDIA LTD
INCORPORATED UNDER THE BANKING COMPANIES
ACT HAVING ITS CENTRAL OFFICE AT NEW
ADMINISTRATIVE BUILDING, MADAM GAMA ROAD,
BOMBAY - 400021.
9. M/S STATE BANK OF INDIA TIRUPATHUR
BRANCH OFFICE, PASUMPON THAVAR
THIRUMANGANAR DISTRCT
TIRUPATHUR, TAMILNADU-652 706.
10. M/S STATE BANK OF INDIA
ST MARK'S ROAD,
BRANCH OFFICE BANGALURU - 560001.
11. M/S BANK OF INDIA
A NATIONALISED BANK
HAVING ITS CENTRAL OFFICE AT
EXPRESS TOWERS NARIMAN POINT
BOMBAY - 400021.
12. M/S BANK OF INDIA
BRANCH OFFICE AT NO.68, ST MARKS ROAD,
BANGALURU - 560001.
13. M/S INDIAN BANK
A NATIONALISED BANK
HAVING ITS CENTRAL OFFICE AT NO.31,
RAJAJI SALAI,
MADRAS - 600001.
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14. M/S INDIAN BANK
BRANCH OFFICE AT RICHMOND CIRCLE,
BANGALURU - 560025.
15. M/S INDIAN BANK
BRANCH AT PALLATHUR
PASUMPON THAVAR
THIRUMANAGAR DISTRICT
TAMIL NADU - 623107.
16. M/S UNION BANK OF INDIA
A NATIONALISED BANK
HAVING ITS CENTRAL OFFICE AT
UNION BANK BHAVAN NO.239,
VIDHAN BHAVAN MARG
NARIMAN POINT, BOMBAY - 400021.
17. M/S UNION BANK OF INDIA
BRANCH OFFICE AT CANTONMENT
DEVIDASS BUILDING,
COMMERCIAL STREET, BANGALURU - 560001.
18. M/S UNION BANK OF INDIA
BRANCH AT RICHMOND TOWN ,
No.4 ALEX STREET, RICHMOND TOWN
BANGALORE - 560025.
19. M/S CENTRAL BANK OF INDIA
A NATIONALISED BANK
HAVING ITS CENTRAL OFFICE AT
'CHANDRAMUKHI' NARIMAN POINT
BOMBAY - 400021.
20. M/S CENTRAL BANK OF INDIA
BRANCH OFFICE AT NO.24, CRESCENT ROAD,
BANGALORE - 560001.
21. M/S NACHIAPPA ENGINEERING CORPORATION
HAVING ITS WORKS OFFICE AT NO.41-A
VAITHIANATHA MUDALI STREET
TONIARPET MADRAS - 600081
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RFA No. 752 of 2018
REPRESENTED BY ITS PROPRIETOR
SRI N KASIVISWANATHAN
SINCE DEAD BY LRs.,
22. SMT. K. SELVAMEENAL,
W/O LATE N. KASIVISWANATHAN,
AGED MAJOR,
23. SRI. SUBRAMANIAN,
S/O LATE N KASIVISWANATHAN,
AGED MAJOR,
24. SRI. KASIVISWANATHAN
S/O LATE N.KSAIVISWANATHAN,
AGED MAJOR,
25. MEENAKSHISUNDARAM,
S/O LATE N KASIVISWANATHAN,
AGED MAJOR,
APPELLANT Nos. 23 TO 26 ARE
R/AT NO.14/10, 3RD STREET,
CARSHED COMPOUND,
VAISHNAVI NAGAR,
AAVADI, CHENNAI-600109.
26. ICICI BANK LTD,
REG. OFFICE, LAND MARK,
RACE COURSE ROAD,
VADODARA, MAHARASTRA -396007.
27. THE LIFE INSURANCE CORPORATION OF INDIA
MOUNT ROAD, MADRAS - 600002.
28. PESTALOZZI ADAIKAPPA EDUCATIONAL
FOUNDATION,
OFFICE AT NO.48, LAVELLE ROAD,
BENGALURU -560001.
REPRESENTED BY ALLEGED MANAGEMENT BY
SRI. P.R. CHOCKALINGAM
...RESPONDENTS
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RFA No. 752 of 2018
THIS RFA IS FILED UNDER SECTION 96 OF CPC,1908
AGAINST THE JUDGMENT AND DECREE
DATED:03.01.2018PASSED IN OS.NO.2678/1991 ON THE FILE
OF THE X ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE,PARTLY DECREEING THE SUIT FOR DECLARATION
AND PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Office objections are not complied for the XI time.
2. Accordingly, the appeal stand dismissed for
non-prosecution.
Sd/-
(V SRISHANANDA)
JUDGE
GSR
