IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.F.A.No.1055/2003 C/W R.F.A.NOs.1057/2003, 1278/2010 AND R.F.A.CROB. No.5/2004 IN RFA No.1057/2003 IN RFA No.1055/2003 BETWEEN:
1 . SMT. NARAYANAMMA W/O LATE VEERANNA MAJOR, SINCE DECEASED BY HER LRs.
2 . SMT. SARASWATHAMMA MAJOR, W/O S RAMA KRISHNA No 2, PUTTANNA BUILDING HENNUR MAIN ROAD ST. THOMAS TOWN BANGALORE – 84. ...APPELLANTS (BY SRI G D ASWATHANARAYANA, ADVOCATE) AND:
1 . SMT.PARVATHI AMMAL W/O MANIKA ACHARI MAJOR 2 . SRI MANIKA ACHARI MAJOR S/O KRISHNAMACHARI BOTH ARE R/A PREMISES No.3, ST. THOMAS TOWN HONNUR ROAD, 1ST CROSS BANGALORE – 560 084. …RESPONDENTS (BY SRI S SHAKER SHETTY, ADVOCATE FOR C/R) THIS RFA IS FILED U/O 41 RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.02.2003 PASSED IN O.S.No.7449/1990 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL JUDGE, BANGALORE, CCH No.3, PARTLY DECREEING THE SUIT FOR MANDATORY INJUNCTION AND PERMANENT INJUNCTION.
IN RFA No.1057/2003 BETWEEN:
1. SMT PARVATHI AMMAL W/O MANIKA ACHARI AGED ABOUT 65 YEARS.
2 . SRI MANIKA ACHARI S/O KRISHNAMACHARI AGED ABOUT 75 YEARS BOTH ARE RESIDING AT No.3, ST.THOMAS TOWN, HENNUR ROAD, 1ST CROSS BANGALROE – 560 084. ...APPELLANTS (BY SRI S SHAKER SHETTY, ADVOCATE) AND:
SMT. NARAYANAMMA W/O LATE VEERANNA R/AT HENNUR VILLAGE, ST.THOMAS TOWN POST BANGALORE-560 084.
SINCE DECEASED BY LR: SMT.SARASWATHAMMA W/O S RAMAKRISHNA AGED ABOUT 50 YEARS, No.2, PUTTANNA BUILDING, HENNUR MAIN ROAD, ST.THOMAS TOWN, BANGALORE-560 084. …RESPONDENT (BY SRI G D ASWATHANARAYANA, ADVOCATE) THIS RFA IS FILED U/S 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.02.2003 PASSED IN O.S.No.7449/1990 ON THE FILE OF THE XV ADDITIONAL CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR MANDATORY INJUNCTION AND PERMANENT INJUNCTION.
IN RFA No.1278/2010 BETWEEN:
SMT. SARASWATHAMMA W/O.S RAMAKRISHNA MAJOR, No.2, PUTTANNA BUILDINGS, HENNUR MAIN ROAD, ST. THOMAS TOWN BENGALURU - 560 002. ...APPELLANT (BY SRI G D ASWATHANARAYANA, ADVOCATE) AND:
1 . SMT. PARVATHI AMMAL W/O MANIKA ACHARI MAJOR, R/A PREMISES No.3, ST. THOMAS TOWN HENNUR ROAD, 1ST CROSS BENGALURU - 560 084.
2 . THE CORPORATION OF CITY OF BENGALURU REPRESENTED BY ITS COMMISSIONER, CORPORATION OFFICE BENGALURU – 560 001. …RESPONDENTS (BY SRI S SHAKER SHETTY, ADVOCATE) THIS RFA IS FILED U/O 41 RULE 1 R/W SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.03.2010 PASSED IN O.S.No.3298/1992 ON THE FILE OF THE XXVII-ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DISMISSING THE PERMANENT INJUNCTION.
IN RFA CROB No.5/2004 IN RFA No.1057/2003 BETWEEN:
1 . SMT.PARVATHI AMMAL W/O MANIKA ACHARI AGED ABOUT 65 YEARS 2 . SRI MANIKA ACHARI S/O KRISHNAMACHARI AGED ABOUT 75 YEARS.
BOTH ARE R/A No. 3 ST. THOMAS TOWN HENNUR ROAD, 1ST CROSS BANGALORE – 560 084.
…CROSS OBJECTORS (BY SRI G D ASWATHANARAYANA, ADVOCATE) AND:
SMT. NARAYANAMMA W/O LATE VEERANNA R/O HENNUR VILLAGE ST. THOMAS POST BANGALORE – 560 084. SINCE DECEASED BY LRS SMT. SARASWATHAMMA W/O S RAMAKRISHNA AGED ABOUT 50 YEARS R/O NO.2 PUTTANNA BUILDING, HENNUR MAIN ROAD, ST. THOMAS TOWN BANGALORE – 560 084.
…RESPONDENT THIS RFA CROB. IN RFA No.1057/2003 IS FILED UNDER 41 RULE 22 OF CPCP AGAINST THE JUDGMENT AND DECREE DATED 25.02.2003 PASSED IN O.S.No.7449/1990 ON THE FILE OF THE 15TH ADDITIONAL CITY CIVIL JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR MANDATORY INJUNCTION AND PERMANENT INJUNCTION AND THE CROSS OBJECTOR HEREIN PRAYS TO CONSIDER THE THAT THE ‘B’ SCHEDULE PROPERTY EXCLUSIVELY BELONGS TO HER AND TO PASS SUITABLE ORDERS TO THE EFFECT THAT THE CROSS OBJECTOR HEREIN IS THEH OWNER OF THE SAID PROPERTY.
THESE RFAs AND RFA CROB. COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the parties submit that, the parties have agreed to go ahead amicably as the subject matter is a passage. They have filed a Joint Memo dated 18.11.2019 and the same is taken on record.
2. The terms of Joint Memo appears to be lawful and the same is accepted.
3. The appeals and cross objection are disposed of in terms of the Joint Memo.
Sd/- JUDGE tsn*