IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA RSA.NO.1338/2018(POS) C/W RSA.Nos.1130/2018 & 1131/2018(RES) R.S.A.NO.1338/2018 BETWEEN M JAGADEESH AGED ABOUT 65 YEARS S/O N ASHWATH PROP.M/S BHARATH AGENCIES NO.1752, SAYYAJI RAO ROAD MYSURU-560 001 ... APPELLANT (BY SRI SRIKANTH PATIL K, ADVOCATE) AND SMT GOWRAMMA SINCE DECEASED BY LEGAL REPRESENTATIVES 1. SMT NAGARATHNA AGED ABOUT 70 YEARS W/O LATE RANGADAS AUSTIN TOWN BENGALURU-560047 2. SMT RADHA AGED ABOUT 68 YEARS W/O K M KESHAVA NEAR MASJID MAHADEVPET MADIKERI-571201 3. SMT SUNANDA AGED ABOUT 66 YEARS W/O R K VITTAL MURTHY R/A NO.25, 16TH BLOCK SBM COLONY, II STAGE SRIRAMAPURA MYSURU-570008 4. SMT CHUDAMANI AGED ABOUT 59 YEARS W/O R K MANJUNATHA R/A NO.1256 B N STREET, MANDI MOHALLA MYSURU-570021 5. SMT SUMANGALA AGED ABOUT 57 YEARS W/O S BALACHANDRA R/A NO.1530, K T STREET LASHKAR MOHALLA MYSURU-570001 SMT SUKANYA W/O C S ANAND SINCE DECEASED BY LEGAL REPRESENTATIVES 6. SMT C A BHAVANA W/O VITTAL R M AGED ABOUT 35 YEARS R/A NO.2223 K BLOCK, 3RD CROSS GANGUBAI HANAGAL ROAD KUVEMPU NAGAR MYSURU-570023 7. SMT KRUPA C A W/O LAKSHMINARAYANA AGED 33 YEARS R/A NO.1530, K T STREET MYSURU-570001 8. SRIVALLI AGED 53 YEARS D/O LATE SESHARANGAIAH R/A NO.1530 K T STREET LASHKAR MOHALLA MYSORE-570001 9. KUM SUMATHI AGED 45 YEARS D/O LATE SESHARANGAIAH R/A NO.1530, K T STREET MYSURU-570001 L.S.SUBBAIAH SINCE DECEASED BY LEGAL REPRESENTATIVES 10. SMT HEMAVATHI SUBBAIAH W/O LATE SUBBAIAH AGED ABOUT 58 YEARS 11. SRI L S BALASUBRAMANYA AGED 34 YEARS S/O LATE L S SUBBAIAH 12. SMT L S PRATHIMA AGED 29 YEARS D/O LATE SUBBAIAH RESPONDENT NOS.10 TO 12 ARE R/A NO.1840 CHAMALA MUTT STREET LASHKAR MOHALLA MYSURU-570001 13. L S SURESH AGED 51 YEARS S/O LATE SESHARANGAIAH 14. L S SURAJ AGED 44 YEARS S/O LATE SESHARANGAIAH RESPONDENT NOS.13 AND 14 ARE R/AT NO.1529-30 KALAMMA TEMPLE STREET CROSS LASHKAR MOHALLA MYSURU-570001 15. M SURESH AGED 59 YEARS S/O N ASHWATH R/A NO.44 LAKSHMIVILAS ROAD DEVARAJA MOHALLA MYSORE-570001 16. M RAMESH KUMAR AGED 62 YEARS S/O N ASHWATH R/AT FLAT NO.203 MANASA PALM SRING ADI PAMPA ROAD V V MOHALLA MYSURU-570 002 ... RESPONDENTS (BY SRI V.B.SHIVAKUMAR, ADVOCATE FOR R1 TO R9 & R14) THIS RSA IS FILED UNDER SECTION 100 OF CPC., 1908 AGAINST THE JUDGEMENT AND DECREE DTD:
27.03.2018 PASSED IN R.A.NO.884/2016 ON THE FILE OF THE III ADDL. DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 21.09.2016 PASSED IN O.S.NO.738/2009 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE AND CJM., MYSURU.
R.S.A.NO.1130/2018 BETWEEN M RAMESH KUMAR AGED 62 YEARS S/O N ASHWATH R/AT FLAT NO 203, MANASA PALM STRING ADI PAMPA ROAD, V V MOHALLA MYSURU – 570002 ... APPELLANT (BY SRI SRISHAILA S, ADVOCATE) AND SMT GOWRAMMA SINCE DECEASED BY LEGAL REPRESENTATIVES 1. SMT NAGARATHNA AGED ABOUT 70 YEARS W/O LATE RANGADAS AUSTIN TOWN BENGALURU-560047 2. SMT RADHA AGED ABOUT 68 YEARS W/O K M KESHAVA NEAR MASJID MAHADEVPET MADIKERI-571201 3. SMT SUNANDA AGED ABOUT 66 YEARS W/O R K VITTAL MURTHY R/A NO.25, 16TH BLOCK SBM COLONY, II STAGE SRIRAMAPURA MYSURU-570008 4. SMT CHUDAMANI AGED ABOUT 59 YEARS W/O R K MANJUNATHA R/A NO.1256 B N STREET, MANDI MOHALLA MYSURU-570021 5. SMT SUMANGALA AGED ABOUT 57 YEARS W/O S BALACHANDRA R/A NO.1530, K T STREET LASHKAR MOHALLA MYSURU-570001 SMT SUKANYA W/O C S ANAND SINCE DECEASED BY LEGAL REPRESENTATIVES 6. SMT C A BHAVANA W/O VITTAL R M AGED ABOUT 35 YEARS R/A NO.2223 K BLOCK, 3RD CROSS GANGUBAI HANAGAL ROAD KUVEMPU NAGAR MYSURU-570023 7. SMT KRUPA C A W/O LAKSHMINARAYANA AGED 33 YEARS R/A NO.1530, K T STREET MYSURU-570001 8. SRIVALLI AGED 53 YEARS D/O LATE SESHARANGAIAH R/A NO.1530 K T STREET LASHKAR MOHALLA MYSORE-570001 9. KUM SUMATHI AGED 45 YEARS D/O LATE SESHARANGAIAH R/A NO.1530, K T STREET LASHKAR MOHALLA MYSURU-570001 L.S.SUBBAIAH SINCE DECEASED BY LEGAL REPRESENTATIVES 10. SMT HEMAVATHI SUBBAIAH W/O LATE SUBBAIAH AGED ABOUT 58 YEARS 11. SRI L S BALASUBRAMANYA AGED 34 YEARS S/O LATE L S SUBBAIAH 12. SMT L S PRATHIMA AGED 29 YEARS D/O LATE SUBBAIAH RESPONDENT NOS.10 TO 12 ARE R/A NO.1840 CHAMALA MUTT STREET LASHKAR MOHALLA MYSURU-570001 13. L S SURESH AGED 51 YEARS S/O LATE SESHARANGAIAH 14. L S SURAJ AGED 44 YEARS S/O LATE SESHARANGAIAH RESPONDENT NOS.13 AND 14 ARE R/AT NO.1529-30 KALAMMA TEMPLE STREET CROSS LASHKAR MOHALLA MYSURU-570001 15. M SURESH AGED 59 YEARS S/O N ASHWATH R/A NO.44 LAKSHMIVILAS ROAD DEVARAJA MOHALLA MYSORE-570001 16. M.JAGADEESH AGED ABOUT 65 YEARS S/O N.ASHWATH PROP. BHARATH AGENCIES 1752, SAYYAJI RAO ROAD, MYSURU – 570 001 ... RESPONDENTS (BY SRI V B SHIVAKUMAR, ADVOCATE FOR R1 TO R9 & R14) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD: 27.03.2018 PASSED IN R.A.NO.887/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD: 21.09.2016 PASSED IN OS.NO.738/2009 ON THE FILE OF THE III ADDITIONAL SENIOR ICVIL JUDGE AND CJM., MYSURU.
R.S.A.NO.1131/2018 BETWEEN: M.RAMESH KUMAR AGED ABOUT 62 YEARS S/O N.ASHWATH, R/AT FLAT NO.203, MANASA PALM STRING, ADI PAMPA ROAD VV MOHALLA, MYSURU -570 002. …APPELLANT (BY SRI S.SRISHAILA.S, ADVOCATE) AND :
SMT GOWRAMMA SINCE DECEASED BY LEGAL REPRESENTATIVES 1. SMT NAGARATHNA AGED ABOUT 70 YEARS W/O LATE RANGADAS AUSTIN TOWN BENGALURU-560047 2. SMT RADHA AGED ABOUT 68 YEARS W/O K M KESHAVA NEAR MASJID MAHADEVPET MADIKERI-571201 3. SMT SUNANDA AGED ABOUT 66 YEARS W/O R K VITTAL MURTHY R/A NO.25, 16TH BLOCK SBM COLONY, II STAGE SRIRAMAPURA MYSURU-570008 4. SMT CHUDAMANI AGED ABOUT 59 YEARS W/O R K MANJUNATHA R/A NO.1256 B N STREET, MANDI MOHALLA MYSURU-570021 5. SMT SUMANGALA AGED ABOUT 57 YEARS W/O S BALACHANDRA R/A NO.1530, K T STREET LASHKAR MOHALLA MYSURU-570001 SMT SUKANYA W/O C S ANAND SINCE DECEASED BY LEGAL REPRESENTATIVES 6. SMT C A BHAVANA W/O VITTAL R M AGED ABOUT 35 YEARS R/A NO.2223 K BLOCK, 3RD CROSS GANGUBAI HANAGAL ROAD KUVEMPU NAGAR MYSURU-570023 7. SMT KRUPA C A W/O LAKSHMINARAYANA AGED 33 YEARS R/A NO.1530, K T STREET MYSURU-570001 8. SRIVALLI AGED 53 YEARS D/O LATE SESHARANGAIAH R/A NO.1530 K T STREET LASHKAR MOHALLA MYSORE-570001 9. KUM SUMATHI AGED 45 YEARS D/O LATE SESHARANGAIAH R/A NO.1530, K T STREET LASHKAR MOHALLA MYSURU-570001 L.S.SUBBAIAH SINCE DECEASED BY LEGAL REPRESENTATIVES 10. SMT HEMAVATHI SUBBAIAH W/O LATE SUBBAIAH AGED ABOUT 58 YEARS 11. SRI L S BALASUBRAMANYA AGED 34 YEARS S/O LATE L S SUBBAIAH 12. SMT L S PRATHIMA AGED 29 YEARS D/O LATE L.S. SUBBAIAH RESPONDENT NOS.10 TO 12 ARE R/A NO.1840 CHAMALA MUTT STREET LASHKAR MOHALLA MYSURU-570001 13. L S SURESH AGED 51 YEARS S/O LATE SESHARANGAIAH 14. L S SURAJ AGED 44 YEARS S/O LATE SESHARANGAIAH RESPONDENT NOS.13 AND 14 ARE R/AT NO.1529-30 KALAMMA TEMPLE STREET CROSS LASHKAR MOHALLA MYSURU-570001 15. M SURESH AGED 55 YEARS S/O N ASHWATH R/A NO.44 LAKSHMIVILAS ROAD DEVARAJA MOHALLA MYSORE-570001 16. M.JAGADEESH AGED ABOUT 61 YEARS S/O N.ASHWATH PROP. BHARATH AGENCIES 1752, SAYYAJI RAO ROAD, MYSURU – 570 001 ... RESPONDENTS (BY SRI V.B.SHIVAKUMAR, ADVOCATE FOR R1 TO R9 & R14) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD: 27.03.2018 PASSED IN R.A.NO.886/2016 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, MYSORE, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGEMENT AND DECREE DTD: 21.09.2016 PASSED IN OS.NO.256/2005 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM., MYSURU.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned Counsel appearing for the appellant in these three appeals would submit that he may be permitted to withdraw the appeals on an undertaking given by the appellant that the property in question would be vacated and possession would be delivered by him to the contesting respondents.
2. The submission of the learned counsel for the appellant in all the three appeals is placed on record.
3. Accordingly, these three appeals are dismissed reserving liberty to the appellant to voluntarily surrender vacant possession of the premises in question to the contesting respondents. However, it is made clear that if possession is not delivered to respondents, they are at liberty to pursue the execution petition which is already levied by them in Execution No.97/2018 pending on the file of III Additional Senior Civil Judge and CJM, Mysuru. Further the appellant is permitted to hand over the keys of the premises in question to the respondents in the proceedings pending before the Executing Court after getting the same advanced.
nd/-
Sd/- JUDGE