M/S Sreenivasa Enterprises Vs M/S Basetty Trust — Karnataka HC (2025) — LawSathi Research

M/S Sreenivasa Enterprises Vs M/S Basetty Trust — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether these four connected appeals challenging the judgments and decrees dated 15.02.2024 should stand dismissed on account of non-compliance with the peremptory order dated 29.08.2024.

Court's answer

The peremptory order dated 29.08.2024 issued in these appeals was not complied with.

Ratio / Principle

Consequently, the appeals (RFA No.1063/2024 c/w RFAs No.1065/2024, No.1079/2024 and No.1115/2024) had already stood dismissed, and the Court recorded that no further order was required; the merits of the underlying lease, eviction, damages and ejection suits were not adjudicated in this judgment.

Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (Division Bench: K.S. Mudagal and Venkatesh Naik T, JJ.), oral judgment dated 12.09.2024 (NC: 2024:KHC:37653-DB) in RFA No.1063/2024 c/w RFAs No.1065/2024, No.1079/2024 and No.1115/2024 (all RES). Four regular first appeals filed under Section 96 read with Order XLI Rule 1 of CPC by M/s. Sreenivasa Enterprises and/or M/s. Urvashi Theatre (Managing Partner K.R. Ravishankar with Smt. Anitha Ravishankar) sought to set aside judgments and decrees dated 15.02.2024 of the XXII Additional City Civil and Sessions Judge, Bengaluru City — O.S. 3858/2016 (suit for extension of lease period, dismissed below), O.S. 3861/2016 (suit for eviction, dismissed below), O.S. 3840/2018 (suit for eviction and damages, partly decreed below) and O.S. 3841/2018 (suit for ejection, partly decreed below); respondents included M/s. Basetty Trust with its President, Secretary and trustees, the B.V. Narayan/Chandrashekar family members, and B.K. Rajendra Prasad and four others. When the appeals came on for orders, the Court (Per K.S. Mudagal, J.) recorded that its peremptory order dated 29.08.2024 was not complied, that the appeals had already stood dismissed, and that no further order was required. No substantive adjudication of the lease-extension, eviction, damages or ejection claims occurred in this judgment.

Parties & counsel

AI extract

appellant
M/s. Sreenivasa Enterprises, Vittobha Temple Street, Doddaballapura, Bengaluru District and M/s. Urvashi Theatre, No.40, H Siddaiah Road, Bengaluru - 560 027, represented by its Managing Partner Sri K.R. Ravishankar (RFA No.1063/2024)¶13
T. Seshagiri Rao
respondent
1) M/s. Basetty Trust, a public charitable trust, No.512, Aswathakatte Road, V V Puram, Bengaluru - 560 004, rep. by its President and Secretary; 2) Sri B.N. Ram Mohan; 3) Sri B.V. Badrinath; 4) Sri S.K. Kishore; 5) Smt. B.N. Rajeshwari (RFA No.1063/2024)¶16
V. Viswanath Setty
appellant
M/s. Sreenivasa Enterprises, Vittobha Temple Street, Doddaballapura, Bengaluru District and M/s. Urvashi Theatre, No.40, H Siddaiah Road, Bengaluru - 560 027, represented by its Managing Partner Sri K.R. Ravishankar (RFA No.1065/2024)¶28
T. Seshagiri Rao
respondent
1) Sri B.V. Narayan; 2) Smt. Jalaja Shekar, w/o late B.V. Chandrashekar; 3) Sri Hemanth Chandrashekar; 4) Sri Anup Bangalore Chandrashekar (RFA No.1065/2024)¶35
V. Viswanath Setty
appellant
1) M/s. Sreenivasa Enterprises, rep. by its Managing Partner Sri K.R. Ravishankar, and Smt. Anitha Ravishankar; 2) Sri K.R. Ravishankar; 3) Smt. Anitha Ravishankar (RFA No.1079/2024)¶48
T. Seshagiri Rao
respondent
M/s. Basetty Trust, registered office at No.15, 13th Main, Jagruthi Colony, Puttenahalli, J.P. Nagar 7th Phase, Bengaluru - 560 078, represented by: 2) President Sri B.N. Ram Mohan; 3) Secretary Shri B.V. Badrinath; Trustees 4) Shri S.K. Kishore and 5) Smt. B.N. Rajeshwari (RFA No.1079/2024)¶56
V. Viswanath Setty
appellant
1) M/s. Sreenivasa Enterprises, rep. by its Managing Partner Sri K.R. Ravishankar, and Smt. Anitha Ravishankar; 2) Sri K.R. Ravishankar; 3) Smt. Anitha Ravishankar (RFA No.1115/2024)¶67
Manjunath Hegde
respondent
1) Shri B.K. Rajendra Prasad; 2) Sri B.N. Ram Mohan; 3) Sri B.G. Shankar; 4) Shri B.M. Srinath; 5) Shri B.G. Mahesh (RFA No.1115/2024)¶75
V. Viswanath Setty

Coram

AI extract

K.S. Mudagalauthor¶89
Venkatesh Naik Tmember¶87