Karnataka High Court
Prajapita Brahma Kumaris Ishwariya ... vs Smt S V Jayashree on 19 June, 2012
Bench: N.K.Patil, S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF JUNE 2012
PRESENT
THE HON'BLE MR. JUSTICE N.K.PATIL
AND
THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA
RFA No.1150/2011 (PAR)
&
MISC.CVL NOS.14019/11 & 13670/2011
BETWEEN :
PRAJAPITA BRAHMA KUMARIS ISHWARIYA
VISHWA VIDYALAYA
REGD. HQRS. OFFICE
PANDAV BHAWAN, MOUNT ABU,
BRANCH OFFICE/ SUB SERVICE CENTRE
NO. 23/2, 2ND FLOOR, WARD NO. 28
ANDANAPPA GALLI, KR SHETTY PETH,
BANGALORE - 560002
REPRESENTED BY ITS ADDL. SECY. GENERAL
SRI RAMESH SHAH
S/O LATE SHRI NANALAL SHAH,
AGED ABOUT 77 YEARS,
RESIDING AT PANDAV BHWAN, MOUNT ABU,
REPRESENTED BY POWER OF ATTORNEY HOLDER
KUM.M.SAROJA D/O MALLAPPA.M
AGED ABOUT 63 YEARS
RESIDING AT NO.6,
GOVINDA RAO STREET, NEAR SHESHADRI
LAW COLLEGE, KUMARA PARK WEST,
BANGALORE - 560 020.
...APPELLANT
(COMMON)
( By Sri. V.B.SHIVAKUMAR, ADV.,)
AND :
1. SMT S. V .JAYASHREE
D/O LATE S. VEERABHADRAPPA
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W/O SRI D .R. SHIVAPRAKASH
AGED ABOUT 32 YEARS
RESIDING AT DEVARAYAPATNA VILLAGE,
TUMKUR TALUK,
KASABA HOBLI, TUMKUR DISTRICT.
2. SRI S. V. SHIVASHANKAR
S/O LATE S. VEERABHADRAPPA
AGED ABOUT 40 YEARS
RESIDING AT NO. 26, ANANDAPPA LANE
K .R. SETTY PET, AVENUE ROAD,
BANGALORE-560002.
3. SRI S.V. RENUKA PRASAD
S/O LATE S. VEERABHADRAPPA
AGED ABOUT 29 YEARS
RESIDING AT NO. 26, ANANDAPPA LANE
K .R. SETTY PET, AVENUE ROAD,
BANGALORE-560002.
4. SMT. S.V. VISHALAKSHAMMA
D/O LATE S. VEERABHADRAPPA
W/O G. GOWRAIAH
AGED ABOUT 55 YEARS
RESIDING AT NO. 71, 10TH CROSS,
HANUMANTHANAGAR,
BANGALORE-2
5. SMT. S. V. ANASUYA
D/O LATE S VEERABHADRAPPA
W/O SRI C. SHIVARUDRAIAH
AGED ABOUT 52 YEARS,
NO.19, III -A MAIN ROAD,
8TH CROSS, R P C LAYOUT,
BANGALORE-40
6. SMT. S. V. SUMITHRA
D/O LATE S.VEERABHADRAPPA
W/O SRI K .P. SHIVAKUMAR
AGED ABOUT 35 YEARS
HONNADEVI PRINTING PRESS,
BANGALORE - MYORE MAIN ROAD,
BIDADI, RAMANAGARAM TALUK,
BANGALORE DISTRICT
7. SRI S .R. SIDDARAJU
W/O LATE S. REVANNA
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AGED ABOUT 62 YEARS
NO. 220, CUBBONPET MAIN ROAD,
BEHIND PUNJAB NATIONAL BANK,
BANGALORE-560002
8. SMT. SUSHEELA
W/O S .R. SIDDARAJU
AGED ABOUT 55 YEARS
NO. 220, CUBBONPET MAIN ROAD,
BEHIND PUNJAB NATIONAL BANK,
BANGALORE-560002. ...RESPONDENTS
(COMMON)
( By Sri. T.S.CHANDRAPRABHA, ADV., FOR R1
M/S.BANNUR ASSTS., ADVS., FOR R2 AND R4
SRI M. SHIVAPPA, SR. ADV., FOR M/S.M.SHIVAPPA
ASSTS., FOR R3 & R5
SRI J.M.NAIK, ADV., FOR R6
SRI R.GUNASHEKAR, ADV., FOR R7 & R8)
THIS RFA IS FILED U/S 96 (1) OF CPC, AGAINST THE
JUDGMENT AND DECREE DATED 31.10.2003 PASSED IN
O.S.NO.3267/1995 ON THE FILE OF THE XX-ADDL. CITY CIVIL
JUDGE, BANGALORE, PARTLY DECREEING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION.
MISC.CVL NO.14019/2011 IS FILED U/S 5 OF THE
LIMITATION ACT, PRAYING TO CONDONE THE DELAY OF 2710
DAYS IN FILING THE APPEAL AND ACCEPT THE SAME ON
RECORD.
MISC.CVL NO.13670/2011 IS FILED U/S XLI RULE 5 OF
THE CODE OF CIVIL PROCEEDURE PRAYING TO STAY THE
FINAL DECREE PROCEEDINGS INITIATED BY THE
RESPONDENTS IN FDP.NO.189/2010 ON THE FILE OF THE CITY
CIVIL JUDGE, BANGALORE, CCH-32, IN THE INTERESTS OF
JUSTICE AND EQUITY.
THE RFA & MISC.CVL.s COMING ON FOR ORDERS THIS
DAY, N.K.PATIL J., DELIVERED THE FOLLOWING:
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JUDGMENT
The appellant being aggrieved by the judgment and decree dated 31.10.2003 passed in OS.No.3267/1995 on the file of XX Additional City Civil Judge, Bangalore, has presented the instant appeal.
2. We have heard the learned Counsel for the appellant Sri.V.B.Shiva Kumar for some time. During the course of submission, he submitted that the instant appeal may be dismissed as withdrawn reserving liberty to the appellant to file a review petition in RFA.No.312/2004 disposed of on 23.9.2010 by a coordinate bench of this Court and all the grounds urged in this appeal may be left open to be urged in the said review petition to be filed by the appellant.
3. The submission of the learned counsel for the appellant Sri.V.B.Shiva Kumar is placed on record. The instant appeal is dismissed as withdrawn reserving liberty to the appellant to file a review petition in RFA.No.312/2004 filed by Sri.S.V.Shiva Shankar & Ors., against S.V.Jayashree & Ors., disposed of on 23.9.2010 and all the grounds urged in the instant appeal are left open. Ordered accordingly. -5-
In view of the appeal being dismissed as withdrawn, the relief sought in Misc.Cvl.14019/2011 and Misc.Cvl.13670/2011 does not survive for consideration. Hence, they stand dismissed as having become infructuous.
Sd/-
JUDGE Sd/-
JUDGE nd.