Karnataka High Court
M/S Aum Builders And Developers vs Smt. K V Padmavathamma on 18 September, 2017
Author: Jayant Patel
Bench: Jayant Patel
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER 2017
PRESENT
THE HON'BLE MR.JUSTICE JAYANT PATEL
AND
THE HON'BLE MR.JUSTICE B.A.PATIL
RFA NO.1053/2013
C/W
RFA NO.1087/2013
IN RFA NO.1053/2013:
BETWEEN:
M/S AUM BUILDERS AND DEVELOPERS
AT NO.1302, OAK-B,
GODREJ WOODSMAN APARTMENTS,
BELLARY ROAD,
NEAR HEBBAL,
BANGALORE-560 024,
A PARTNERSHIP FIRM,
REPRESENTED BY ITS MANAGING PARTNER
MR.MANISH P SHAH
S/O. MR.PRAVIN SHAH
AGED ABOUT 52 YEARS. ... APPELLANT
(BY SMT B R DHANALAKSHMI, ADVOCATE)
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AND:
1. SMT. K V PADMAVATHAMMA
W/O LATE MR.K.T.VIJAYARAGHAVULU
HINDU, AGED ABOUT 88 YEARS,
R/AT NO.44, SHANKARMUTT ROAD
BANGALORE-560 044.
2. SMT.NALINI LAKSHMIPATHI
W/O LAKSHMIPATHI
HINDU, AGED ABOUT 70 YEARS
R/AT NO.44, BASSWOOD ROAD
FARMINTON CANNETICUTT
CTO 6032 U.S.A. PRESENTLY
R/ AT NO.44,
SHANKARMUTT ROAD,
BANGALORE-560 044.
3. SMT.B.G.KASTURI
W/O DR.B.S.GAVIAPPA,
HINDU, AGED ABOUT 69 YEARS,
R/AT NO.44, SHANKARMUTT ROAD,
BANGALORE-560 044.
4. SMT.S.P.GEETHA
W/O MR.S.H.PANDURANG,
HINDU, AGED ABOUT 66 YEARS,
R/AT NO.44, SHANKARMUTT ROAD,
BANGALORE-560 044.
5. SMT.S.S.BHARGAVI
W/O MR.S.S.GOUD,
HINDU, AGED ABOUT 61 YEARS,
RESIDING AT OLD TOWN
ANDRAPRADESH.
PRESENTLY RESIDING AT
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NO.44, SHANKARMUTT ROAD,
BANGALORE-560 044.
6. SMT.ARUNA VIJAYAKUMAR
W/O MR.S.VIJAYKUMAR,
AGED ABOUT 60 YEARS,
R/AT NO.1-2-54/5, SUMITRA SADAN,
OPP: DOMALGUDA MARKET,
HYDERABAD-29 PRESENTLY R/AT
NO.44 SHANKARMUTT ROAD,
BANGALORE-560 044.
7. SRI.UDAYABHASKAR
AGED ABOUT 45 YEARS
S/O LATE MR.K.T.VIJAYARANGHAVULU
R/AT NO.44, SHANKARMUTT ROAD,
BANGALORE-560 044.
8. M/S. SHARADHAMANI FAMILY TRUST
HAVING ITS REGISTERED OFFICE AT
NO.44, SHANKARMUTT ROAD,
BANGALORE-560 044.
REPRESENTED BY
(i) SMT.SUGUNA RAMESH,
W/O MR.SANDEEP V
AGED ABOUT 33 YEARS
(ii) SMT. SUNANDA KARNIWAR
W/O MR.SIDDARTHKARNIWAR
AGED ABOUT 31 YEARS
(iii) MISS. SUPRIYA RAMESH
D/O LATE SMT.SHARADAMANI RAMESH.
AGED ABOUT 30 YEARS
... RESPONDENTS
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(BY SMT USHA M V, ADVOCATE FOR R-2
SRI G R LAKSHMIPATHI REDDY, ADVOCATE FOR R1
AND R5
SRI V VISHWANATH SETTY, ADVOCATE FOR R3 AND R7
SRI REUBEN JACOB, ADVOCATE FOR R8(1)
R-4, R-6, R-8(II) R-8(III) ARE SERVED)
THIS RFA IS FILED UNDER SECTION 96 R/W
ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT
AND DECREE DATED: 22.02.2013 PASSED IN OS NO.
3485/1995 ON THE FILE OF THE XXXVII ADDL. CITY
CIVIL AND SESSIONS JUDGE, BANGALORE,
DISMISSING THE SUIT FOR SPECIFIC PERFORMANCE.
IN RFA NO.1087/2013:
BETWEEN:
M/S AUM BUILDERS AND DEVELOPERS
AT NO.1302,
OAK-B
GODREJ WOODSMAN APARTMENTS
BELLARY ROAD
NEAR HEBBAL
BANGALORE-560 024
A PARTNERSHIP FIRM,
REPRESENTED BY ITS MANAGING PARTNER
MR MANISH P SHAH
S/O MR PRAVIN SHAH. ... APPELLANT
(BY SRI B R DHANALAKSHMI, ADVOCATE)
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AND:
SMT. B G KASTURI
W/O DR B S GAVIAPPA
HINDU, MAJOR
RESIDING AT NO. 44
SHANKARMUTT ROAD
BANGALORE-560 044.
...RESPONDENT
(BY SRI VISHWANATH SETTY, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W
ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT
AND DECREE DATED: 22.02.2013 PASSED IN OS NO.
3384/1995 ON THE FILE OF THE XXXVII ADDL. CITY
CIVIL AND SESSIONS JUDGE, BANGALORE,
DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
THESE APPEALS COMING ON FOR ORDERS THIS
DAY, JAYANT PATEL J., DELIVERED THE FOLLOWING:
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ORDER
Learned Counsel appearing for the appellant in both these appeals tenders the memo for withdrawal of the appeals. Both the memos are taken on record.
2. No other adverse circumstances are brought to the notice of this Court.
3. In the memo filed in RFA No.1053/2013 it has also been prayed for refund of the Court fee and the return of the original documents to the appellant.
4. Learned Counsel appearing for the respondents in RFA No.1053/2013 have no objection. Hence RFA No.1053/2013 is permitted to be withdrawn. Court fee refund in accordance with law shall follow. The original documents shall be returned to the appellant after retaining the certified photocopy of the said documents by the office.
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5. RFA No.1087/2013 is permitted to be withdrawn.
6. Both the RFAs shall stand dismissed as withdrawn.
(JAYANT PATEL) JUDGE (B A PATIL) JUDGE JT/-
Note:
As per the orders passed by Hon'ble the Chief Justice on 7.10.2017 in the Note Sheet, Hon'ble Sri Justice B.S.Patil is nominated for signing the unsigned order dated 18.09.2017 passed by the Hon'ble Sri Justice Jayant Patel and Hon'ble Sri Justice B.A.Patil in RFA No.1053/2013 c/w RFA No.1087/2013 in the light of Rule 6(2) of the Karnataka High Court Rules, 1959, Chapter XVI and the decision of the Division Bench of 8 this Court in the case of M/s.Gem Travels Vs. Syndicate Bank, reported in ILR 1995 KAR 3063.
Sd/-
JUDGE Sd/-
JUDGE