Dismissed

Sri Govindaraju v. Sri Vidyaganapathy Annapoorneshwari

Karnataka HC4 Dec 2023RFA/1274/2008

Case brief

AI extract

What is this about?

Two regular first appeals challenging a permanent injunction decree were disposed of after non-appearance. One appeal was dismissed for non-prosecution; the other was dismissed as withdrawn by the appellant with liberty to file a separate suit for declaration.

What did the court decide?

RFA 1274/2008 dismissed for non-prosecution. RFA 12/2009 dismissed as withdrawn with liberty to file separate suit for declaration and possession.

Sri Govindaraju Vs Sri Vidyaganapathy Annapoorneshwari — Partition | Karnataka HC (2023)

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1 - NC: 2023:KHC:43739 RFA No. 1274 of 2008 C/W RFA No. 12 of 2009

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA

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REGULAR FIRST APPEAL NO. 1274 OF 2008 (INJ) C/W REGULAR FIRST APPEAL NO. 12 OF 2009

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IN RFA NO.1274/2008 BETWEEN:

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SRI GOVINDARAJU AGED ABOUT 56 YEARS S/O. KENDANAYAKA R/AT 19^TH CROSS,

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NEAR MARIYAPPA WELL 3^RD MAIN, KEMPAPURA AGRAHARA BHUVANESHWAR NAGAR, BANGALORE – 560 023

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Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

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SRI MADHU AGED ABOUT 51 YEARS S/O. LATE MADHAVAIAH R/AT NO.138, 3^RD CROSS

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PIPE LINE EAST, KASTURABA NAGAR BANGALORE – 560 006.

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SRI MAHADEVAIAH S/O. LATE LAKSHMAIAH AGED ABOUT 65 YEARS R/O. NO.91, KEMPAPURA AGRAHARA 9^TH CROSS, IIIRD MAIN BHUVANESHWARA NAGAR BANGALORE – 560 023

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NC: 2023:KHC:43739 RFA No. 1274 of 2008 C/W RFA No. 12 of 2009

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SRI VASUDEVA MURTHY AGED ABOUT 51 YEARS S/O. GURUBASAVAIAH E S I HOSPITAL, 2^ND CROSS MAGADI ROAD, BANGALORE-560 025.

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…APPELLANTS

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(BY SRI. V VINOD REDDY., ADVOCATE –ABSENT V/O DT. 3/11/2022 APPEAL AGAINST A3 STANDS ABATED)

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AND:

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SRI VIDYAGANAPATHY ANNAPOORNESHWARI SEVA SANGHA (REGD) NO.13, 5TH CROSS, KONENA AGRAHARA, MARIAYAPPANAPALYA, NEAR MUNESHWARA TEMPLE, BANGALORE-560 023 REPRESENTED BY ITS SECRETARY.

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SRI MUNESHWARASWAMY TRUST IIIRD MAIN, BHUVANESHWARINAGAR KEMPAPURA AGRAHARA BANGALORE – 560023 REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS (BY SRI.SHANKAR REDDY., ADVOCATE FOR R1; SRI. A.Y.N. GUPTA. ADVOCATE FOR R2)

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THIS REGULAR FIRST APPEAL IS FILED U/S 96 OF CPC AGAINST THE JUDGEMENT AND DECREE DATED 23.10.2008 PASSED IN OS.NO.1670/1993 ON THE FILE OF THE V ADDL.CITY CIVIL JUDGE, BANGLAORE, DECREEING THE SUIT FOR PERMANENT INJUNCTION AND ETC.,

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IN RFA NO.12/2009

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BETWEEN:

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SRI MUNESWARASWAMY TRUST

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NC: 2023:KHC:43739 RFA No. 1274 of 2008 C/W RFA No. 12 of 2009

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III MAIN, BHUVANESWARINAGAR, KEMPAPURA AGRAHARA, BANGALORE CITY CORPORATION DIVISION NO.22, BANGALORE-560 023 REPRESENTED BY ITS PRESIDENT MR.MALLAPPA

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...APPELLANT

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(BY SRI J.ARAVIND BABU, ADVOCATE

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VIDE ORDER DATED 3/11/2022, APPEAL AGAINST A3 STANDS ABATED)

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AND

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1 . SRI VIDYAGANAPATHY ANNAPOORNESWARI SEVA SANGHA ® NO.13, 5TH CROSS, KEMPAPURA AGARHARA MARIYAPPANAPALYA, NEAR MUNESWARA TEMPLE BANGALORE-560 023

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2 . SRI GOVINDARAJU MAJOR BY AGE, RESIDING AT 19^TH CROSS NEAR MARIYAPPA’S WELL, III MAIN, KEMPAPURA AGRAHARA, BHUVANESWARINAGAR BANGALORE-560 023

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SRI MADHU S/O SANNAPPA MAJOR BY AGE ROOM NO.11, RECORD SECTION, GROUND FLOOR, VIDHANASOUDHA, BANGALORE -560 001

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MAHADEVAIAH

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4 - NC: 2023:KHC:43739 RFA No. 1274 of 2008 C/W RFA No. 12 of 2009

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S/O.LAKSHMAIAH AGED ABOUT 68 YEARS NO.91, KEMPAPURA AGRAHARA, 9TH CROSS, 3RD MAIN, BHUVANESWARINAGAR, BANGALORE-560 023

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VASUDEVA MURTHY S/O.GURUBASAVAIAH ESI HOSPITAL, II CROSS, MAGADI ROAD, BANGALORE-560 010

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……RESPONDENTS

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(BY SRI V. VINOD REDDY, ADVOCATE FOR R2, R3 & R5 – ABSENT; R1 – SERVED;

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VIDE ORDER DT.03.11.2022 APPEAL AGAINST R4 STANDS DISMISSED AS ABATED)

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THIS RFA IS FILED UNDER SECTION 96 CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 23.10.2008 PASSED IN O.S.NO.1670/1993 ON THE FILE OF THE V ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR PERMANENT INJUNCTION.

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THESE APPEALS, COMING ON FOR HEARING, THIS DAY, THE COURT PASSED THE FOLLOWING:

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ORDER

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None present on behalf of the appellants, despite granting sufficient time. Suit is one for bare injunction and suit is decreed. Appeal came to be filed by defendant Nos.2 to 5,

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5 - NC: 2023:KHC:43739 RFA No. 1274 of 2008 C/W RFA No. 12 of 2009

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challenging the validity of judgment and decree passed in O.S.No.1670 /1993.

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If at all the above defendants have affected by the impugned judgment by claiming that they are the owners of the property, it is always open for those defendants to file a separate suit establishing their title over the suit property.

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Taking note of the said aspect of the matter and the appeal is pending since 2008, RFA No.1274/2008 stands dismissed for non prosecution.

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After hearing for some time Sri J.Aravind Babu, learned counsel for the appellant in RFA 12/2009, he files a memo. Memo reads as under:

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“The appellant may be permitted to withdraw the appeal, reserving liberty to the appellant to file a separate suit for declaration and possession. The appeal may be disposed of in terms of the memo in the ends of equity and justice.”

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6 - NC: 2023:KHC:43739 RFA No. 1274 of 2008 C/W RFA No. 12 of 2009

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In view of the memo, RFA 12/2009 stands dismissed as

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withdrawn with liberty as prayed for.

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Sd/JUDGE

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Sri Govindaraju v. Sri Vidyaganapathy Annapoorneshwari

Case brief

What is this about?

What did the court decide?

Sri Govindaraju v. Sri Vidyaganapathy Annapoorneshwari

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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