Dismissed

Sri Parameshwara v. N S Khurudekar

Karnataka HC28 Aug 2024RFA/1054/2013

Case brief

AI extract

What is this about?

A coordinate Bench of this Court had set aside the impugned judgment and decree of the lower court and the matter was confirmed by the Apex Court. The court dismissed the current appeals as the prayer had already been decided and granted liberty to seek revival pending a review petition.

What did the court decide?

The appeals stand dismissed. Liberty reserved to appellants to seek revival of appeals. IA No. 1/2023 disposed of.

Sri Parameshwara Vs N S Khurudekar — Civil Procedure and Limitation | Karnataka HC (2024)

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NC: 2024:KHC:34894-DB RFA No. 1054 of 2013 C/W RFA No. 1927 of 2013

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF AUGUST, 2024

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PRESENT

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THE HON'BLE MR JUSTICE S.G.PANDIT

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AND

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THE HON'BLE MR JUSTICE C.M. POONACHA REGULAR FIRST APPEAL NO. 1054 OF 2013 (SP)

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C/W

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REGULAR FIRST APPEAL NO. 1927 OF 2013 (SP)

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IN RFA No.1054/2013

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BETWEEN:

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SRI PARAMESHWARA S/O.NAGAPPAIAH, AGED ABOUT 73 YEARS, RESIDING AT NO.52, 2ND CROSS, MAGADI ROAD, BANGALORE-560023.

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…APPELLANT

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Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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(BY SRI. JEEVAN GOPAL, ADVOCATE FOR SMT. FARAH FATHIMA.,ADVOCATE

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SRI KALYAN R, ADVOCATE FOR PROPOSED APPLICANT IN IA 1/2021 (W/R/T BRINGING LR/SUCCESSOR OF DECEASED APPELLANT)

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AND:

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N S KHURUDEKAR S/O.SOMAIAH KHURUDEKAR, AGED ABOUT 77 YEARS, RESIDING AT NO.135, MANJUNATHANAGAR, GOKUL ROAD, HUBLI-580064.

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M/S. JAMNALAL BAJAJ SEVA TRUST A REGISTERED PUBLIC CHARITABLE TRUST, BAJAJWADI, WARDHA P.O.,

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NC: 2024:KHC:34894-DB RFA No. 1054 of 2013 C/W RFA No. 1927 of 2013

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MAHARASHTRA STATE.

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RAMAKRISHNA BAJAJ CHAIRMAN, M/S. JAMANLAL SEVA TRAUST, BAJAJWADI, WARDHA P.O., MAHARASHTRA STATE.

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BIRDHI CHANO CHOACHARI MAJOR, RESIDING AT NO.5, SASTA SAHITYA SANGH, RANIGANJ, HYDRABAD(A.P.)

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N S DESAI TRUSTEE JAMHALAL BAJAJ SEVA TRUST, 2ND FLOOR, BAJAJ BHAVAN, NARIMAN POINT, BOMBAY-21.

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S B HALBE TRUSTEE AND LEGAL ADVISOR, FOUNDATION CHAMBERS, FLORA FOUNTAIN, OPPOSITE TO AKBAR ALI ROAD, BOMBAY.

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ANUSUYA BAJAJ TRUSTEE, JAMNALAL BAJAJ SEVA TRUST, 2ND FLOOR, BAJAJ BHAVAN, NARIMAN POINT, BANGALORE-560021.

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M/S. DRUV & CO NATWAR CHAMBER, 2ND FLOOR, NO.94, NAGIR DAS MASTER ROAD, BOMBAY-400023, REPRESENTED BY ITS PARTNER, H.B.DHRUV.

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…RESPONDENTS

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(BY SRI. S.S. SRINIVASA RAO, ADVOCATE FOR R1 SRI. RAJESWARA P N.,ADVOCATE FOR R2 R3,R5,R7 & R8 ARE SERVED R4 & R6 REMAINED EXPARTE AS PER THE MEMO 11.04.2023 IN RFA 1054/013)

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NC: 2024:KHC:34894-DB RFA No. 1054 of 2013 C/W RFA No. 1927 of 2013

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THIS RFA IS FILED U/SEC.96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 23.03.2013 PASSED IN OS NO. 641/1994 ON THE FILE OF THE I/c VII ADDL. CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND ETC.

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IN RFA No.1927/2013

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BETWEEN:

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SRI M. MUNISWAMY S/O SRI M. MADURAI, AGED ABOUT 72 YEARS, R/AT. NO.9/6, 12TH CROSS, MAGADI ROAD, BANGALORE 560023

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…APPELLANT

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(BY SRI. T M VENKATA REDDY.,ADVOCATE)

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AND:

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SRI PARAMESHWARA S/O SRI NAGAPPAIAH, MAJOR, R/AT NO.52, 2ND CROSS, MAGADI ROAD, BANGALORE 560023

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SRI.N.S.KHURUDEKAR AGED ABOUT 86 YEARS, S/O SRI SOMAIAH KHURUDEKAR, NO.135, MANJUNATHNAGAR, GOKUL ROAD, HUBLI 580064

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M/S.JAMNALAL BAJAJ SEVA TRUST A REGISTERED PUBLIC CHARITABLE TRUST BAJAJAWADI, WARDHA, P.O, MAHARASTRA STATE MAHARASTRA 442001.

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SRI RAMAKRISHNA BAJAJ CHAIRMAN,

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4 - NC: 2024:KHC:34894-DB RFA No. 1054 of 2013 C/W RFA No. 1927 of 2013

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AGE: MAJOR, M/S. JAMNALAL BAJAJ SEVA TRUST, A REGISTERED PUBLIC CHARITABLE TRUST, BAJAJWADI, WARDHA P.O, MAHARASTRA STATE MAHARASTRA 442001.

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SRI BIRDHI CHAND CHOACHARI MAJOR, R/AT NO.5, SASTA SAHITYA SANGH, RANIGANJ, HYDERABAD (A.P) ANDRA PRADESH 500003

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SRI N.S. DESAI TRUSTEE, AGE: MAJOR JAMANLAL BAJAJ SEVA TRUST, 2ND FLOOR, BAJAJA BHAVAN, NARIMON POINT, BOMBAY 400021

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SRI S.B HALBE AGE:MAJOR TRUSTEE AND LEGAL ADVISOR, FOUNTAIN CHAMBERS, FLORA FOUNTAIN, OPP: TO AKBAR ALI ROAD, BOMBAY 400021.

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SMT ANUSUYA BAJAJ AGE:MAJOR TRUSTEE, JAMNALAL BAJAJ SEVA TRUST, 2ND FLOOR, BAJAJ BHAVAN, NARIMAN POINT, BOMBAY 400021

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M/S.DRUV & CO. NATWAR CHAMBER, R/AT 2ND FLOOR, NO.94, NAGIR DAS MASTER ROAD, BOMBAY 400023 REP. BY ITS PARTNER MR H.B. DHRUV

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…RESPONDENTS

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NC: 2024:KHC:34894-DB RFA No. 1054 of 2013 C/W RFA No. 1927 of 2013

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(BY SRI. P N RAJESHWARA, ADVOCATE FOR R3 R1 DECEASED/NO STEPS TAKEN. R2, R4,R6, R8 & R9 ARE SERVED

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R5 & R7 REMAINED EXPARTE AS PER THE MEMO 11.04.2023 IN RFA1054/2013 W/R/T R4 & R6 WHO ARE SAME R5 & R7. SMT M BHARATHI, ADVOCATE FOR VENKATESH R BHAGAT FOR APPLICANTS IN IA 1-4/2017 W/R/T BRINGING LR/SUCCESSOR OF DECEASED RESPONDENT No.1)

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THIS RFA IS FILED UNDER SEC.96 R/W ORDER XLI RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE 23.3.2013 PASSED IN O.S.NO.641/1994 ON THE FILE OF THE X ADDL. CITY CIVIL & SESSIONS JUDGE, I/C VII ADDL. CITY CIVIL & SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FOR SPECIFIC PERFORMANCE AND ETC.

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

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CORAM: HON'BLE MR JUSTICE S.G.PANDIT

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and HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE S.G.PANDIT)

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RFA No.1054/2013 and RFA No.1927/2013 are filed

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challenging the judgment and decree dated 23.3.2013 passed in OS No.641/1994 on the file of VII Additional City Civil and Sessions Judge, Bengaluru.

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IA.No.1/2023 is filed in these two appeals under

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Section 151 of the Code of Civil Procedure, 1908 (for short

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NC: 2024:KHC:34894-DB RFA No. 1054 of 2013 C/W RFA No. 1927 of 2013

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‘CPC’) to dismiss the appeals in view of the judgment dated 13.9.2023 passed n RFA No.656/2013.

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RFA No.656/2013 was against the same

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judgment and decree dated 23.3.2013 passed in OS No.641/1994, from which the present two appeals arise. A coordinate Bench of this Court by judgment dated 13.9.2023 allowed the appeal, set aside the judgment and decree dated 23.3.2013 in OS No.641/1994. Against the said judgment in RFA No.656/2013, the legal representatives of plaintiff No.1 approached the Hon’ble Apex Court in SLP (C) Diary No.7094/2004. Another person Sri Muniswamy who was not party to the suit is in appeal in RFA No.1927/2013. He had also approached the Hon’ble Apex Court in SLP (C) Diary No.52115/2023. Both the SLPs challenging the judgment and decree dated 13.9.2023 in RFA No.656/2013 came to be dismissed by order dated 4.3.2024 and 19.2.2024, respectively. Since the judgment and decree under challenge in these two appeals is already set aside by this Court in RFA No.656/2013 and it is confirmed by the Hon’ble Apex Court,

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NC: 2024:KHC:34894-DB RFA No. 1054 of 2013 C/W RFA No. 1927 of 2013

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once again considering the same prayer in these appeals would not arise.

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Learned counsel for the appellant in RFA No.1054/2013 submits that the legal representatives of plaintiff No.1 have preferred Review Petition (C) Diary No.15061/2024 and submits that these appeals be taken up for hearing subsequent to disposal of the review petition.

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We are not inclined to accept the said submission when the judgment and decree under appeals is already set aside by this Court and affirmed by the Hon’ble Apex Court.

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It is also noticed from the order sheet that the appellant in RFA No.1054/2013 died on 22.12.2013 itself and legal representatives have not been brought on record. The I.A. filed to bring the legal representatives is dismissed for non-compliance of office objections. In the above circumstances, RFA No.1054/2013 also stands abated.

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In terms of the judgment passed by this Court dated 13.9.2023 in RFA No.656/2013, these appeals stand dismissed. Liberty is reserved to the appellants to seek

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NC: 2024:KHC:34894-DB RFA No. 1054 of 2013 C/W RFA No. 1927 of 2013

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revival of these appeals depending on the outcome of the

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Review Petition (C) Diary No.15061/2024.

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IA.1.2023 in both the appeals stand disposed of.

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Sd/(S.G.PANDIT) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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List No.: 1 Sl No.: 16

Sri Parameshwara v. N S Khurudekar

Case brief

What is this about?

What did the court decide?

Sri Parameshwara v. N S Khurudekar

Case brief

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