Cross appeals over a decree for declaration and permanent injunction concerning suit property were settled by compromise; parties produced sale and gift deeds in favour of subsequent purchasers, and the appeals were disposed of in terms of the compromise.
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NC: 2024:KHC:47112 RFA No. 403 of 2009 C/W RFA No. 109 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
REGULAR FIRST APPEAL NO.403 OF 2009 (DEC/INJ) C/W REGULAR FIRST APPEAL NO.109 OF 2009 (DEC)
IN RFA No.403/2009:
BETWEEN:
BY ITS TRUSTEE SHRI. RAMAKRISHNA DUTT.
…APPELLANT
(BY SRI. PRASAD K.R. RAO, ADVOCATE)
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
AND:
NC: 2024:KHC:47112 RFA No. 403 of 2009 C/W RFA No. 109 of 2009
ALL ARE R/O No.68, BTM LAYOUT, II STAGE, I PHASE, I CROSS, III MAIN, (OPP SRI GANESH TEMPLE), DOLLAR LAYOUT, N.S.PALYA, BANNERGHATTA ROAD, BANGALORE -76.
…RESPONDENTS
(BY SMT. INDIRA PRIYADHARSINI, ADVOCATE FOR R1, R2 AND R4; SRI ABHINAV R., ADVOCATE FOR M/S. KUMAR & KUMAR FOR R3; R5 – SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.09.2008 PASSED IN O.S.NO.7478/1995 ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION.
IN RFA NO.109/2009:
BETWEEN:
- 3 - NC: 2024:KHC:47112 RFA No. 403 of 2009 C/W RFA No. 109 of 2009
ALL RESIDENTS OF NO.69, BTM LAYOUT, II STAGE, I PHASE, I CROSS, 3RD MAIN, OPPOSITE SRI GANESHA TEMPLE, DOLLARS LAYOUT, N.S.PALYA, BANNERGHATTA ROAD, BANGALORE-560 075.
...APPELLANTS
(BY SMT. INDIRA PRIYADHARSINI, ADVOCATE)
AND:
...RESPONDENT
(BY SRI. PRASAD K.R. RAO AND
SRI DINESH RAMACHANDRA REDDY, ADVOCATES FOR R1)
THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 19.09.2008 PASSED IN O.S.NO.7478/1995 ON THE FILE OF THE V ADDITIONAL CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR PERMANENT INJUNCTION.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
The appellant, respondent Nos.1, 2 and 4 in
R.F.A.No.403/2009 have filed the compromise petition before this Court and also produced the document of respondent Nos.1, 2 and 3 jointly executed the sale deed in favour of subsequent purchasers and so also produced the document of respondent No.5 executed the gift deed in favour of respondent Nos.2 and 3 and in turn on the basis of the gift deed respondent Nos.2 and 3 have executed the sale deed in favour of the subsequent purchasers. The appellant in R.F.A.No.403/2009 has also executed the confirmation deed in favour of the subsequent purchasers and not claiming any interest in the subject matter of the appeal.
gift deed in favour of respondent Nos.2 and 3. The respondent No.3 executed the sale deed in favour of subsequent purchasers and both of them are not present before the Court, but the document of registered gift deed as well as absolute sale deed are placed before the Court along with the compromise petition.
are disposed of in terms of the compromise entered into between the parties.
Sd/(H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 21
1 provisions across 1 enactments
Ramakrishna Dutta Trust (Regd)
Smt. Shantamma
Shri Ravi
Shri Lakshminarayana
Smt. Madhavi
Smt. Eshwari
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
