Karnataka High Court
Sri B A Dinesh Kumar vs Sri Subramanyaswamy Temple Trust on 11 January, 2017
Author: K.N.Phaneendra
Bench: K N Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2017
BEFORE
THE HON'BLE MR. JUSTICE K N PHANEENDRA
REGULAR FIRST APPEAL NO.1789 OF 2016
C/W
REGULAR FIRST APPEAL NO.1790 OF 2016
RFA.NO.1789/2016:
BETWEEN:
SRI B.A.DINESH KUMAR
S/O LATE ANANTH RAMAIAH,
AGED ABOUT 60 YEARS,
NO.1, SRI. SUBRAMANYASWAMY TEMPLE ROAD,
V.V.PURAM,
BENGALURU - 560 004. ... APPELLANT
(BY SRI VIJAYA KUMAR K., ADVOCATE)
AND:
SRI. SUBRAMANYASWAMY TEMPLE TRUST
A RELIGIOUS AND CHARITABLE TRUST,
V.V.PURAM CIRCLE,
BENGALURU - 560 004.
REPRESENTED BY ITS TRUSTEES
1. S.M.ANAND RAO
AGED ABOUT 86 YEARS
S/O LATE MANNAJI RAO
2
2. SMT.KASTURI SHAMSUNDAR
AGED ABOUT 83 YEARS
W/O SHYAMSUNDER
3. H.S.RAMAKRISHNA
AGED ABOUT 76 YEARS,
S/O LATE SUBBANNA
4. R.KRISHNA RAO MANAY
AGED ABOUT 76 YEARS,
S/O LATE RAMA RAO MANAY
5. SAJJAN R.RAO
AGED ABOUT 67 YEARS,
S/O LATE RAMAKRISHNA RAO
6. SMT.ASHWINI MEHATA
AGED ABOUT 63 YEARS,
W/O ROZAL MEHATA
7. AJAI KADAM
AGED ABOUT 51 YEARS,
S/O LATE CHANDRASHEKAR
RESPONDENTS 1 TO 7
C/O
SRI SUBRAMANYASWAMY TEMPLE TRUST
A RELIGIOUS AND CHARITABLE TRUST,
V.V.PURAM CIRCLE,
BENGALURU - 560 004. ... RESPONDENTS
(BY SRI V.RAMESH BABU, ADVOCATE FOR C/R1 TO R4 & R7)
*****
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 27.09.2016 PASSED IN
OS.NO.9561/2005 ON THE FILE OF THE III ADDL.CITY CIVIL
3
AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR
EJECTMENT, ARREARS OF RENT AND DAMAGES.
RFA.NO.1790/2016:
BETWEEN:
SRI B.A.DINESH KUMAR
S/O LATE ANANTH RAMAIAH,
AGED ABOUT 60 YEARS,
NO.1, SRI SUBRAMANYASWAMY TEMPLE ROAD,
V.V.PURAM,
BENGALURU - 560 004. ... APPELLANT
(BY SRI VIJAYA KUMAR K., ADVOCATE)
AND:
SRI SUBRAMANYASWAMY TEMPLE TRUST
A RELIGIOUS AND CHARITABLE TRUST,
V.V.PURAM CIRCLE,
BENGALURU - 560 004.
REPRESENTED BY ITS TRUSTEES
1. S.M.ANAND RAO
AGED ABOUT 86 YEARS
S/O LATE MANNAJI RAO
2. SMT.KASTURI SHAMSUNDAR
AGED ABOUT 83 YEARS
W/O SHYAMSUNDER
3. H.S.RAMAKRISHNA
AGED ABOUT 76 YEARS,
S/O LATE SUBBANNA
4
4. R.KRISHNA RAO MANAY
AGED ABOUT 76 YEARS,
S/O LATE RAMA RAO MANAY
5. SAJJAN R.RAO
AGED ABOUT 67 YEARS,
S/O LATE RAMAKRISHNA RAO
6. SMT.ASHWINI MEHATA
AGED ABOUT 63 YEARS,
W/O ROZAL...MEHATA
7. AJAI KADAM
AGED ABOUT 51 YEARS,
S/O LATE CHANDRASHEKAR
RESPONDENTS 1 TO 7
C/O
SRI SUBRAMANYASWAMY TEMPLE TRUST
A RELIGIOUS AND CHARITABLE TRUST,
V.V.PURAM CIRCLE,
BENGALURU - 560 004. ... RESPONDENTS
(BY SRI V.RAMESH BABU, ADVOCATE FOR C/R1 TO R4 & R7)
*****
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 27.09.2016 PASSED IN
OS.NO.9557/2005 ON THE FILE OF THE III ADDL.CITY CIVIL
AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR
EJECTMENT, ARREARS OF RENT AND DAMAGES.
THESE RFAs COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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JUDGMENT
The appellant and his counsel, and the respondent- trust represented by one of its Trustees and their counsel are present.
2. Both the parties have filed a compromise petition under Order-23, Rule-3 of the Code of Civil Procedure, resolving their disputes by mentioning the terms and conditions in the compromise petition. The parties before the Court have admitted the execution of the terms and conditions in the compromise petition. The appellant has also filed an affidavit reiterating the contents of the compromise petition and undertaking to abide by the said conditions.
3. Inview of the above, there is no legal impediment to allow the *appeals in terms of the compromise *Corrected vide chamber Order dated 10.03.2017. 6 petition. Accordingly, the *appeals are disposed of by virtue of the compromise petition.
4. Office is directed to draw the decree in terms the compromise petition. Refund of court fee is ordered in accordance with Law.
SD/-
JUDGE JJ *Corrected vide chamber Order dated 10.03.2017.