Ghansham K Dalwani vs Ms Kathleen Gonsalves
2025 Latest Caselaw 6482 Kant

Karnataka High Court

Ghansham K Dalwani vs Ms Kathleen Gonsalves on 20 June, 2025

Author: H.T. Narendra Prasad

Bench: H.T. Narendra Prasad

                                                 -1-
                                                              NC: 2025:KHC:21546
                                                           RFA No. 2050 of 2006
                                                        C/W RFA No. 473 of 2006
                                                           RFA No. 2009 of 2006
                      HC-KAR                                      AND 1 OTHER


                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 20TH DAY OF JUNE, 2025

                                               BEFORE
                           THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                            REGULAR FIRST APPEAL NO. 2050 OF 2006 (SP)
                                                C/W
                               REGULAR FIRST APPEAL NO. 473 OF 2006
                               REGULAR FIRST APPEAL NO. 2009 OF 2006
                               REGULAR FIRST APPEAL NO. 2016 OF 2006


                      IN RFA NO. 2050/2006

                      BETWEEN:

                      1.    GHANSHAM K DALWANI
                            S/O LATE L. KISHENDAS DALWANI
                            AGED ABOUT 48 YEARS
                            R/AT NO.57, CENTRAL STREET
                            KUMARA PARK WEST
                            BANGALORE-560020.
Digitally signed by
HEMALATHA A
                      2.    M/S GHANSHAM CONSTRUCTIONS
Location: HIGH
COURTOF                     A PROPRIETARY CONCERN NO.57
KARNATAKA                   CENTRAL STREET KUMARA PARK WEST
                            BANGALORE-560020
                            REP.BY ITS DIRECTOR
                            GHANSHAM K DALWANI
                                                                   ...APPELLANTS
                      (BY SRI. UJWALA A MANDGI., ADVOCATE)

                      AND:

                      1.     MR KOPPARTHY P S BHASKARA RAO
                             S/O K V HANUMATHA RAO
                           -2-
                                     NC: 2025:KHC:21546
                                   RFA No. 2050 of 2006
                                C/W RFA No. 473 of 2006
                                   RFA No. 2009 of 2006
HC-KAR                                    AND 1 OTHER


      AGED ABOUT 42 YEARS
      R/AT NO.205, 2ND FLOOR
      ABU APARTMENTS NO.10
      ARTILLERY ROAD, ULSOOR
      BANGALORE-560 008.
      (AMENDED AS PER ORDER DATED:14.10.2024)

2.  MRS POONAM G DALWANI
    W/O MR GHANSHAM K DALWANI
    AGED ABOUT 31 YEARS
    R/AT 57, CENTRAL STREET
    KUMARA PARK WEST, BANGALORE-560 020.
                                        ...RESPONDENTS
(BY SRI. P B APPAIAH., ADVOCATE FOR R1:
R2 POONAM G DALWANI IS SERVED AND
UNREPRESENTED)
     THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED:22.6.2006 PASSED IN
O.S.NO.7234/95 ON THE FILE OF THE XVII ADDL. CITY CIVIL
JUDGE, BANGALORE (CCH-16), PARTLY DECREEING THE SUIT
FOR SPECIFIC PERFORMANCE.


IN RFA NO. 473/2006

BETWEEN:

1.   GHANSHAM K DLWANI
     S/O LATE L KISHENDAS DALWANI
     AGE: 48 YEARS
     R/AT NO 57, CENTRAL STREET
     KUMARA PARK WEST
     BANGALORE 560020.

2.   M/S GHANSHAM CONSTRUCTIONS
     PROPRIETARY CONCERN
     NO 57, CENTRAL STREET
     KUMARA PARK WEST
     BANGALORE-560 020
                              -3-
                                        NC: 2025:KHC:21546
                                      RFA No. 2050 of 2006
                                   C/W RFA No. 473 of 2006
                                      RFA No. 2009 of 2006
HC-KAR                                       AND 1 OTHER


     REP BY ITS PROPRIETOR
     GHANSHAM K DALWANI
                                             ...APPELLANTS
(BY SRI. UJWALA A MANDGI., ADVOCATE)

AND:

1.   SRI VISHWAMBHAR PATI
     S/O PROF T PATI
     AGED 38 YEARS
     R/AT FLA TNO 305, III FLOOR
     ABU APARTMENTS, NO 10
     ARTILLERY ROAD, ULSOOR
     BANGALORE 560 008.

2.   SMT GAIL HART
     W/O VISHWAMBHAR PATI
     AGE: 32 YEARS
     R/AT FLAT NO 305,3RD FLOOR
     ABU APARTMENTS, NO 10
     ARTILLERY ROAD, ULSOOR
     BANGALORE-560 008.

3.   SMT POONAM G DALWANI
     W/O GHANSHAM K DALWANI
     AGED 42 YEARS
     R/AT NO 57, CENTRAL STREET
     KUMARA PARK WEST
     BANGALORE 560020
                                           ...RESPONDENTS

(BY SRI. P B APPAIAH., ADVOCATE FOR R1& R2:
R3 POONAM G DALWANI, SERVED AND UNREPRESENTED)

     THE RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED: 03.11.2005 PASSED IN
O.S.NO.7865/1995 ON THE FILE OF THE XVII ADDL. CITY
CIVIL JUDGE, BANGALORE CITY, CCH.NO.16, PARTLY
DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.
                           -4-
                                      NC: 2025:KHC:21546
                                   RFA No. 2050 of 2006
                                C/W RFA No. 473 of 2006
                                   RFA No. 2009 of 2006
HC-KAR                                    AND 1 OTHER


IN RFA NO. 2009/2006

BETWEEN:

1.   GHANSHAM K DALWANI
     S/O LATE L. KISHENDAS DALWANI
     AGED 48 YEARS
     R/AT NO.57, CENTRAL STREET
     KUMARA PARK WEST
     BANGALORE-560020.

2.   M/S GHANSHAM CONSTRUCTIONS
     PROPRIETARY CONCERN
     NO.57, CENTRAL STREET
     KUMARA PARK WEST
     BANGALORE-560 020
     REP.BY ITS PROPRIETOR
     GHANSHAM K DALWANI
                                           ...APPELLANTS
(BY SRI. B PRAMOD., ADVOCATE)

AND:

1.   MS KATHLEEN GONSALVES
     D/O MRS.CARMEL GONSALVES
     AGED MAJOR
     FLAT NO.101, IST FLOOR
     ABU APARTMENTS, NO.10
     ARTILLERY ROAD,ULSOOR
     BANGALORE-560 008.

2.   MRS CARMEL GONSALVES
     AGED MAJOR
     SINCE DEAD R1 IS ONLY LR'S
     OF R2
     AMENDED V/O DATED: 10.11.2010.
                                        ...RESPONDENTS

(BY SRI. P B APPAIAH., ADVOCATE FOR R1:
R2 IS DEAD, V/O DATED: 21.10.2020 R1 IS TREATED
AS LR OF R2)
                           -5-
                                     NC: 2025:KHC:21546
                                   RFA No. 2050 of 2006
                                C/W RFA No. 473 of 2006
                                   RFA No. 2009 of 2006
HC-KAR                                    AND 1 OTHER


    THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED:16.3.2006 PASSED IN
O.S.NO.7232/95 ON THE FILE OF THE XVII ADDL. CITY CIVIL
JUDGE, BANGALORE (CCH-16), DECREEING THE SUIT FOR
SPECIFIC PERFORMANCE AND INJUNCTION.

IN RFA NO. 2016/2006

BETWEEN:

1.   GHANSHAM K DALWANI
     S/O LATE L KISHENDAS DALWANI
     AGED ABOUT 48 YEARS
     R/AT NO 57, CENTRAL STREET
     KUMARA PARK WEST
     BANGALORE 560 020.

2.   M/S GHANSHAM CONSTRUCTIONS
     PROPRIETARY CONCERN
     NO 57, CENTRAL STREET
     KUMARA PARK WEST
     BANGALORE 560 020
     REP BY ITS PROPRIETOR
     GHANSHAM K DALWANI
                                          ...APPELLANTS
(BY SRI.B PRAMOD ., ADVOCATE)

AND:

1.   MRS KOPPARTHY SUREKAHA BHASKARA RAO
     W/O KOPPARTHY P.S. BHASKARA RAO
     AGED ABOUT 42 YEARS
     R/AT NO 205,2ND FLOOR
     ABU APARTMENTS, NO 10
     ARTILLERY ROAD, ULSOOR
     BANGALORE-560 008.

2.   MRS. POONAM G DALWANI
     AGED ABOUT 31YEARS
                               -6-
                                               NC: 2025:KHC:21546
                                           RFA No. 2050 of 2006
                                        C/W RFA No. 473 of 2006
                                           RFA No. 2009 of 2006
HC-KAR                                            AND 1 OTHER


    W/O GHANSHAM K DALWANI
    R/AT NO.57, CENTRAL STREET
    KUMARA PARK WEST
    BANGALORE-560 020.
                                                 ...RESPONDENTS
(BY SRI. P B APPAIAH., ADVOCATE FOR R1:
R2- SMT. POONAM G DALWANI, IS SERVED
AND UNREPRESSED)

    THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED:22.6.2006 PASSED IN
O.S.NO.7233/95 ON THE FILE OF THE XVII ADDL. CITY CIVIL
JUDGE, BANGALORE (CCH-16), PARTLY DECREEING THE SUIT
FOR SPECIFIC PERFORMANCE.

     THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:   HON'BLE MR JUSTICE H.T. NARENDRA PRASAD


                    ORAL JUDGMENT

These appeals are filed by the defendants

challenging the judgment and decree of different dates

passed in O.S.Nos.7234/1995, 7865/1995, 7232/1995 and

O.S.No.7233/1995, respectively, passed by XVII Additional

City Civil Judge, Bangalore City (CCH-16).

2. The plaintiffs filed suits for specific performance

and other consequential reliefs. The suits were partly

decreed. Being aggrieved by the same, defendant Nos. 1

NC: 2025:KHC:21546

HC-KAR AND 1 OTHER

and 3 have filed these appeals. The trial court by

judgment and decree in O.S.No.7234/1995 (RFA

No.2050/2006) held as follows:

"In the result, the suit is partly decreed. The suit against 2nd defendant is hereby dismissed. The defendant is hereby directed to execute the sale deed by making alteration in the sale deed in favour of the plaintiff by receiving balance sale consideration of Rs.60,000/-.

The defendant is permanently restrained from putting up any construction on the basement area other than car parking.

The defendant is hereby directed to cause the operation of lift in the schedule 'A' property."

The trial court by judgment and decree in

O.S.No.7865/1995 (RFA No.473/2006) held as follows:

"The suit is partly decreed with cost. The suit against defendant No.2 is dismissed.

NC: 2025:KHC:21546

HC-KAR AND 1 OTHER

The defendant Nos. 1 and 3 permanently restrained from using the basement area other than the car parking of the apartment owners and prospective owners of the apartment. If the additional construction is allowed by the sanctioning authority as per law.

The defendant is directed to make operation of the lift in Schedule 'A' property.

The defendant is directed to execute the sale deed in favour of the plaintiffs by receiving Rs.6,109.23 paise. The plaintiff should hear the expenses of registration charges and stamp duty within 3 months."

The trial court by judgment and decree in

O.S.No.7232/1995 (RFA No.2009/2006) held as follows:

"In the result, the suit is decreed with cost and the suit against the 2nd defendant is hereby dismissed. The defendant is hereby directed to execute the sale deed by making alteration in favour of the plaintiff by receiving balance sale consideration of Rs.16,074/- and the defendant is hereby permanently retrained from putting up any construction over the basement area other than the car parking.

NC: 2025:KHC:21546

HC-KAR AND 1 OTHER

The defendant is hereby directed to cause the operation of the lift in the schedule 'A' property."

The trial court by judgment and decree in

O.S.No.7233/1995 (RFA No.2016/2006) held as follows:

"In the result, the suit is partly decreed. The suit against 2nd defendant is hereby dismissed. The defendant is hereby directed to execute the sale deed by making alteration in the sale deed in favour of the plaintiff by receiving balance sale consideration of Rs.60,000/-.

The defendant is permanently restrained from putting up any construction on the basement area other than car parking.

The defendant is hereby directed to cause the operation of the lift in the schedule 'A' property."

3. The learned counsel for the appellants

submits that the grievance of the appellants is in

respect of the decree directing to cause the operation

of the lift in 'A' Schedule property. In respect of

other part of the decree, the appellants have no

grievance. Since the lift in 'A' schedule property is

working, there is no question of directing the

- 10 -

NC: 2025:KHC:21546

HC-KAR AND 1 OTHER

appellants herein to cause operation of the lift in 'A'

schedule property.

4. In view of the above, the appeals are

allowed in part. The judgment and decree passed by

the trial court in respect of direction to the appellants

to cause operation of the lift in 'A' Schedule property

is set aside. The other parts of the judgment and

decree are confirmed.

Sd/-

(H.T. NARENDRA PRASAD) JUDGE

CM