Sri C Dass vs The Beeradevara Devasthanagala Sangha
2024 Latest Caselaw 25593 Kant

Karnataka High Court

Sri C Dass vs The Beeradevara Devasthanagala Sangha on 28 October, 2024

                                               -1-
                                                            NC: 2024:KHC:43322
                                                              RFA No.90/2012




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 28TH DAY OF OCTOBER, 2024
                                           BEFORE
                         THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                           REGULAR FIRST APPEAL NO.90 OF 2012 (SP)


                   BETWEEN:

                   1.    SRI. C. DASS
                         S/O A. DASS
                         AGED ABOUT 67 YEARS
                         PROP. M/S. INTERNATIONAL
                         TRAVEL SERVICE AND AGENCIES
Digitally signed         INTERNATIONAL WEST END HOTEL
by RUPA V                RACE COURSE ROAD
Location: HIGH           BANGALORE-560 001.
COURT OF
KARNATAKA          2.    SMT. SHEILA DASS
                         AGED ABOUT 66 YEARS
                         W/O MR. C. DASS.

                         BOTH ARE AT NO.189
                         SANKEY ROAD, SADASHIVANAGAR
                         BANGALORE-560 080.

                                                                 ...APPELLANTS
                   (BY SRI. VISHNU HEGDE, ADV., [ABSENT])


                   AND:

                   1.    THE BEERADEVARA DEVASTHANAGALA SANGHA
                         (IN THE PREMISES OF BEERADEVARA
                         DEVASTHANAGALA SANGHA (REGD))
                         SAMPANGI TANK BUND ROAD
                         NOW CALLED VITTAL MALLYA ROAD
                         BANGALORE (1-A LAVELLE ROAD)
                         REP. BY ITS PRESIDENT
                         MR. M.R. RAMANNA & SECRETARY
                            -2-
                                      NC: 2024:KHC:43322
                                        RFA No.90/2012




     (SINCE HE IS DEAD BY SUCCEEDED
     IS SO CALLED)
     PRESIDENT SRI. K.A. RAMAMURTHY
     MR. B.R. AGADURAPPA.

2.   SRI. M.R. RAMANNA
     S/O DR. M.L. RAMANNA
     C/O M.R. SHIVRAM
     HAL OFFICERS ENCLAVE
     F.D.NO.52, OLD MADRAS ROAD
     BANGALORE-93
     (SINCE HE IS DEAD BY SUCCEEDED
     IS SO CALLED PRESIDENT
     SRI. K.A. RAMAMURTHY)
     BEERADEVARA DEVASTHANAGALA SANGHA (REGD)
     SAMPANGI TANK BUND ROAD
     NOW CALLED VITTAL MALLYA ROAD
     BANGALORE (1-A LAVELLE ROAD).

3.   SRI. B.R. AGADURAPPA
     (BOMMASANDRA, ANEKAL TALUK)
     GENERAL SECRETARY OF 1ST DEFENDANT
     C/O. BEERADEVARA DEVASTHANAGALA
     SANGHA (REDG)
     SAMPANGI TANK BUND ROAD
     NOW CALLED VITTAL MALLYA ROAD
     BANGALORE (1-A LAVELLE ROAD).

4.   SRI. D. PILLAPPA
     (MAJOR, INDLABELE)
     ANEKAL TALUK
     S/O DEVANNA
     INDLABELE, ATTIBELE HOBLI
     ANEKAL TALUK, BANGALORE DIST.

5.   SRI. S.M. RAMAPPA
     [DELETED VIDE ORDER
     DATED 22.11.2015].


                                          ...RESPONDENTS
                              -3-
                                        NC: 2024:KHC:43322
                                             RFA No.90/2012




(BY SRI. S. MAHADEVAIAH, ADV., FOR C/R1 [ABSENT]
    SRI. G. MANIVANNAN, ADV., FOR C/R4 [ABSENT]
R2 & R3 ARE SERVED V/O/DTD:22.11.2018 R5 IS DELETED)


     THIS RFA IS FILED UNDER/SEC.96. R/W ORDER-41, RULE
1 OF CPC., PRAYING TO CALL FOR RECORDS IN
O.S.NO.10243/1995, DISPOSED ON 28.10.2011, ON THE FILE
OF THE COURT OF THE XXVIII ADDITIONAL CITY CIVIL JUDGE
AT MAYO HALL UNIT, BANGALORE IN O.S.10243/1995 DATED
28.10.2011 AND ALLOW THIS APPEAL AND DECREED THE SUIT
AS PRAYED IN THE PLAINT WITH COSTS AND TO GRANT SUCH
OTHER AND FURTHER RELIEVES AS ARE JUST IN THE
INTEREST OF JUSTICE.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

                        ORAL JUDGMENT

No steps have been taken pursuant to the order

dated 02.09.2022.

Therefore, the appeal stands abated.

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

ABK