Karnataka High Court
Sri M Papaiah S/O Late Muniyappa vs Sri Hanumantha Reddy S/O Nallappa Reddy on 29 February, 2024
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2024:KHC:8756
RFA No. 1682 of 2007
C/W RFA No. 1982 of 2005
RFA No. 2240 of 2006
IN THE HIGH COURT OF KARNATAKA
AT BENGALURU
DATED THIS THE 29TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1682 OF 2007 (INJ)
C/W
REGULAR FIRST APPEAL NO. 1982 OF 2005 (INJ)
&
REGULAR FIRST APPEAL NO. 2240 OF 2006 (INJ)
IN R.F.A NO. 1682 OF 2007
BETWEEN:
SRI P. MURTHY S/O. M. PAPAIAH,
AGED ABOUT 36 YEARS
R/AT NO.1/3, 7TH MAIN,
JIABARATHNAGAR,
BANGALORE - 560033, AND
Digitally signed ALSO PROPRIETOR ,
by SHILPA R KALPANA TABLE MOULD BRICKS,
TENIHALLI
NO.685, CHANNASANDRA VILLAGE,
Location: High
Court Of BANASWADI ,BANGALORE - 560043.
Karnataka
...APPELLANT
(BY SRI K. MURTHY, ADVOCATE)
AND:
1. SRI HANUMANTHA REDDY,
S/O. NALLAPPA REDDY,
AGED ABOUT 54 YEARS,
R/AT NO.255/2,
LALABAHADUR NAGARA,
CHANNASANDRA VILLAGE,
-2-
NC: 2024:KHC:8756
RFA No. 1682 of 2007
C/W RFA No. 1982 of 2005
RFA No. 2240 of 2006
BANASWADI , BANGALORE - 560043.
2. BANGALORE MAHANAGARA PALIKE,
REP. BY ITS COMMISSIONER,
N.R. SQUARE, BANGALORE - 560002.
3. THE CHIEF ENGINEER,
BANGALORE MAHANAGARA PALIKE,
N.R. SQUARE, BANGALORE - 560002.
4. SRI P. LAKSHMIPATHI
S/O. LATE M. PAPAIAH,
AGED ABOUT 40 YEARS,
R/AT NO.1/3, 7TH MAIN,
JIABARATHNAGAR BANGALORE- 560033.
5. SRI P. SRINIVASA,
S/O. LATE M. PAPAIAH,
AGED ABOUT 31 YEARS,
R/AT NO.1/3,7TH MAIN, JIABARATHNAGAR
BANGALORE - 560033.
...RESPONDENTS
(BY SRI. M RAMACHANDRA REDDY AND
SRI J. SRINIVAS, ADVOCATES FOR C/R1;
SRI B.S.SATYANAND, ADVOCATE FOR R2 & R3;
NOTICE TO R4 & R5 IS DISPENSED WITH)
THIS REGULAR FIRST APPEAL IS FILED U/S.96 R/W
ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 15.6.2007 PASSED IN O.S.NO.6369/2000 BY
THE IX ADDITIONAL CITY CIVIL JUDGE, BANGALORE CITY,
AND DISMISS THE SUIT WITH EXEMPLARY COSTS AND GRANT
SUCH OTHER RELIEF OR RELIEFS AS DEEMS FIR TO GRANT
UNDER THE CIRCUMSTANCES OF THE ABOVE CASE.
IN R. F. A. NO. 1982 OF 2005
BETWEEN:
SRI M. PAPAIAH,
S/O LATE MUNIYAPPA,
MANAGING DIRECTOR,
-3-
NC: 2024:KHC:8756
RFA No. 1682 of 2007
C/W RFA No. 1982 of 2005
RFA No. 2240 of 2006
KALPANA TABLE MOULD BRICKS,
NO.685, CHANNASANDRA VILLAGE,
BANASWADI, BANGLORE-560043,
SINCE DEAD REPRESENTED BY HIS LEGAL HEIR,
SRI P.MURTHY S/O M. PAPAIAH,
PARTNER,
KALPANA TABLE MOULD BRICKS,
NO 685, CHANNASANDRA VILLAGE,
BANASWADI, BANGLORE-560043.
...APPELLANT
(BY SRI K. MURTHY, ADVOCATE)
AND:
SRI HANUMANTHA REDDY
S/O NALLAPPA REDDY,
AGED ABOUT 54 YEARS,
R/A NO.255/2, LALBAHADUR NAGARA,
CHANNASANDRA VILLAGE,
BANASWADI,BANGALORE-560043.
...RESPONDENT
(RESPONDENT SERVED)
THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION
96 AND READ WITH ORDER 41 RULE 1 OF THE CIVIL
PROCEDURE CODE PRAYING TO CALL FOR THE ENTIRE
RECORDS IN O.S.NO.5119/1995 AND SET ASIDE THE
JUDGMENT AND DECREE DATED 7.11.2005 IN SO FAR AS THE
ISSUE NO.2 AND DECREE THE SUIR FOR THE PLAINTIFF BY
GRANTING PERMANENT INJUNCTION AS PRAYED FOR AND
GRANT SUCH OTHER ORDER OR ORDERS AS DEEMS FIT TO
GRANT UNDER THIS CIRCUMSTANCES OF THE ABOVE CASE.
IN R.FA.NO.2240 OF 2006
BETWEEN:
SRI M. PAPAIAH,
S/O LATE MUNIYAPPA,
-4-
NC: 2024:KHC:8756
RFA No. 1682 of 2007
C/W RFA No. 1982 of 2005
RFA No. 2240 of 2006
MANAGING DIRECTOR,
KALPANA TABLE MOULD BRICKS,
NO 685, CHANNASANDRA VILLAGE,
BANASWADI, BANGLORE-560043,
SINCE DEAD REPRESENTED BY HIS LEGAL HEIR
SRI. P MURTHY S/O M. PAPAIAH
PARTNER KALPANA TABLE MOULD BRICKS,
NO 685, CHANNASANDRA VILLAGE,
BANASWADI, BANGLORE-560043.
...APPELLANT
(BY SRI K. MURTHY, ADVOCATE)
AND:
SRI HANUMANTHA REDDY,
S/O NALLAPPA REDDY,
AGED ABOUT 54 YEARS,
R/AT NO 255/2, LALBAHADUR NAGARA,
CHANNASANDRA VILLAGE,
BANASWADI, BANGALORE-560043.
...RESPONDENT
(BY SRI M RAMACHANDRA REDDY, ADVOCATE)
THIS REGULAR FIRST APPEAL IS FILED U/S.96 R/W
ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND
DECREE DATED 25.9.2006 PASSED IN O.S.NO.8720/1997 ON
THE FILE OF THE XVII ADDL. CITY CIVIL JUDGE AND SESSION
JUDGE BANGALORE INSOFAR AS ISSUES NO. 2 AND 3 ARE
CONCERNED AND DECREE THE SUIT OF THE PLAINTIFF BY
GRANTING PERMANENT INJUNCTION AS PRAYED FOR AND
GRANT SUCH OTHER RELIEF OR RELIEFS AS DEEMS FIR TO
GRANT UNDER THE CIRCUMSTANCES OF THE ABOVE CASE.
-5-
NC: 2024:KHC:8756
RFA No. 1682 of 2007
C/W RFA No. 1982 of 2005
RFA No. 2240 of 2006
THESE APPEALS ARE COMING ON FOR FURTHER
HEARING, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellants and the
learned counsel for the respondents.
The affidavit filed by respondent No.2 - Bengaluru
Mahanagar Palike dated 13.12.2023 is perused. The same
would quell the apprehensions expressed by the
appellants. Therefore, no further orders are necessary
and the appeals can be disposed of by placing the affidavit
on record. Accordingly, the following order is passed:
ORDER
The appeals stand disposed of by placing the affidavit
of respondent No.2 - Bengaluru Mahanagar Palike dated
13.12.2023 on record.
Sd/-
JUDGE
CT:SI
SRT
