The Commissioner vs Sri M Krishna Murthy
2024 Latest Caselaw 4529 Kant

Karnataka High Court

The Commissioner vs Sri M Krishna Murthy on 14 February, 2024

                                              -1-
                                                           NC: 2024:KHC:6283
                                                        RFA No. 1207 of 2014




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 14TH DAY OF FEBRUARY, 2024

                                           BEFORE
                              THE HON'BLE MR JUSTICE C M JOSHI
                         REGULAR FIRST APPEAL NO. 1207 OF 2014 (DEC)


                   BETWEEN:

                         THE COMMISSIONER,
                         BANGALORE DEVELOPMENT AUTHORITY,
                         BANGALORE - 560 020.
                                                                ...APPELLANT
                   (BY SRI. ASHWIN S. HALADY., ADVOCATE)


                   AND:

                   1.    SRI M. KRISHNA MURTHY,
                         S/O LATE MADHAVA KRISHNAIAH,
                         NO.73/1, 5TH MAIN ROAD,
                         CHAMARAJPET,
Digitally signed         BANGALORE - 560 018.
by
ANNAPURNA G
Location: High     2.    THE GENERAL MANAGER,
Court of
Karnataka                KARNATAKA STATE ROAD TRANSPORT
                         CORPORATION,
                         CENTRAL OFFIE, SHANTHI NAGAR,
                         BANGALORE - 560 027.
                                                             ...RESPONDENTS



                   (VIDE ORDER DATED 14.01.2020, APPEAL AS AGAINST
                    R1 IS ABATED;
                    R2 IS SERVED)
                                -2-
                                              NC: 2024:KHC:6283
                                          RFA No. 1207 of 2014




     THIS RFA IS FILED U/SEC.96, R/W O-41, RULE-1 AND 2
OF CPC, AGAINST THE JUDGMENT AND DECREE DATED
25.10.2010 PASSED IN O.S.3210/1997 ON THE FILE OF THE
XXVII-ADDITIONAL    CITY   CIVIL   JUDGE,   BENGALURU,
DECREEING THE SUIT FOR DECLARATION AND POSSESSION.

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


                         JUDGEMENT

From the records it is found that the appellant/BDA has

come in appeal as against the judgment and decree of

declaration of title.

2. Respondent No.2/KSRTC is a formal party. In view of

the abatement of the appeal as against the respondent

No.1(plaintiff in trial Court), the appeal do not survive. Cause

of action also do not survive as against respondent No.2.

3. Hence, the entire appeal stands abated.

Sd/-

JUDGE

PTM