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2022 Supreme(Online)(Kar) 59522
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RSA No. 856 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 856 OF 2014 (INJ)
BETWEEN:
1.
MR. VENKATESH
AGE 71 YEARS
SINCE DEAD BY LRs
1(a) MRS. PARVATHAMMA
AGE 76 YEARS
W/O LATE M. VENKATESH
1(b) MR. VENU V.
AGE 48 YEARS
S/O LATE M.VENKATESH
1(a) & (b) ARE RESIDING AT
NO.410, 12TH CROSS,
PALACE UPPER ORCHARDS,
BANGALORE-560 080.
2.
MRS. V.NIRMALA
AGE 50 YEARS
W/O DR. BYRA REDDY
3.
MRS. V. KALAVATHI
AGE 47 YEARS
W/O A.RAVI
APPELLANTS NO.1 TO 3 ARE
R/A NO.401, 12TH CROSS
PALACE UPPER ORCHARDS
BANGALORE-560 080.
…APPELLANTS
[BY SRI RAJESH P. MAHALE, ADVOCATE A/W
SRI VICTOR MANOHARAN S., ADVOCATE (PH)]
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RSA No. 856 of 2014
AND:
1.
MR.K.BASAVARAJE GOWDA
SINCE DEAD BY HIS LRs
1(a) MRS.SUNANDA B.C.,
AGE 64 YEARS
W/O LATE K.BASAVARAJE GOWDA
1(b) MR.B.PRAKASH
AGE 44 YEARS
S/O LATE K.BASAVARAJE GOWDA
1(c)
MR.B.RASHANTH
AGE 42 YEARS
S/O LATE K.BASAVARAJE GOWDA
1(d) MR.B.PRAVEEN
AGE 41 YEARS
S/O LATE K.BASAVARAJE GOWDA
1(a) TO (d) ARE RESIDING AT
NO.447, 38TH "A" CROSS, 9TH MAIN
JAYANAGAR, BENGALURU-560 011.
2.
M/s. CASLON POLYAMIDE PVT.LTD.,
NO.8/1B, NAGAPPA STREET
SESHADRIPURAM
BANGALORE-560 020
BY ITS DIRECTOR
MR.KARUNAKAR ALVA
S/O LATE P.C.ALVA,
AGED 70 YEARS.
3.
M/s. VENU PLASTIC INDUSTRIES
NO.3-C, BOMMASANDRA INDUSTRIAL AREA
ANEKAL TALUK
BANGALORE DISTRICT-560 099.
BY ITS PARTNER
M/s. CASLON POLYAMIDES PVT.LTD.,
REP. BY MR KARUNAKAR ALVA
S/O LATE P.C.ALVA,
AGED 70 YEARS.
4.
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
A GOVT. OF KARNATAKA UNDERTAKING
NO.14/3, 2ND FLOOR
R.P.BUILDING
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RSA No. 856 of 2014
BANGALORE-560 020.
BY ITS DIRECTOR
MR.KARUNAKAR ALVA
S/O LATE P.C.ALVA
AGED 70 YEARS
5.
Mrs.VRINDA K.ALVA
W/O H.KIRAN ALVA
AGE 46 YEARS
NO.3156, 12TH MAIN
HAL II STAGE,
INDIRANAGAR
BENGALURU-560 008.
6.
MR.PADMAIAH VUPPU
S/O ANKAIAH VUPPU
AGE 38 YEARS
NO.3156, 12TH MAIN
HAL II STAGE,
INDIRANAGAR
BENGALURU-560 008.
…RESPONDENTS
[BY SRI M.J.ALVA, ADVOCATE FOR R1(a-d), R2, R3, R5 & R6 (PH);
SRI B.P. PUTTASIDDAIAH, ADVOCATE FOR R4 (PH)]
THIS RSA FILED UNDER SEC.100 OF CPC., AGAINST THE
AND
DECREE
DATED
31.05.2014
PASSED
IN
R.A.NO.13/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT-II, BANGALORE RURAL DISTRICT, BANGALORE,
DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 01.01.2011 PASSED IN O.S.NO.864/2001 ON THE
FILE OF THE II ADDL. SR. CIVIL JUDGE, BANGALORE (R) DISTRICT,
BANGALORE.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 14.07.2022, THIS DAY, THE COURT PRONOUNCED
THE FOLLOWING:
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JUDGMENT
Challenging judgment and decree dated 31.05.2014
passed by Presiding Officer, Fast Track Court-II, Bangalore
Rural District, Bangalore in R.A.no.13/2011 and judgment and
decree dated 01.01.2011 passed by II Additional Senior Civil
Judge, Bangalore in O.S.no.864/2001, this appeal is filed.
Appellants herein were defendants no.2 to 4 in suit,
while respondents no.1 to 3 herein were plaintiffs and
respondent no.4 herein was defendant no.1. For sake of
convenience, they shall hereinafter be referred to by their rank
as such in this appeal.
O.S.no.864/2001 was filed seeking for relief of
perpetual injunction restraining defendant no.1 any of it's
subordinates from executing any sale deed or deed of
conveyance of any nature in favour of defendants no.2 to 4
jointly or individually or by allowing them to represent plaintiff
no.3 for in any capacity in respect of any assets of plaintiff no.3
or industrial plot- shed no.3-C formed out of Sy.nos.270 and
297 of Bommasandra Industrial Area, Bengaluru (referred to as
'plot' for short) and also for mandatory injunction directing
defendant no.1 to execute sale deed or deed of conveyance to
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transfer leasehold rights in favour of plaintiffs jointly in respect
of plot.
In plaint, it was stated that plaintiffs no.1 and 2
were partners of plaintiff no.3 (referred to as 'Firm' for short).
Defendant no.1 (referred to as 'KIADB' for short) is Board
constituted by Government of Karnataka for development of
industrial areas for growth of industries in State. Defendants
no.2, 3 and 4 were father and daughters, who originally
constituted
Firm
viz.,
M/s.
Venu
Plastic
Industries
on
23.05.1981 registered in office of Registrar of Firms, Bangalore
vide no.379/81-82. It was further stated that KIADB allotted
plot measuring 6058 sq.mts., on 24.04.1981 and delivered
possession on 09.09.1981. An agreement was executed by
KIADB in favour of Firm on 16.09.1981, which was duly
registered. Thereafter, Firm availed financial assistance from
Vijaya Bank, Shanthinagar Branch, Bangalore, constructed
industrial shed and began manufacturing plastic articles.
Plaintiff no.1 was inducted as 4th partner of Firm on 01.07.1985
with 60% share. Subsequently, on 30.05.1986, defendants
no.2, 3 and 4 retired from Firm and it was reconstituted after
inducting plaintiff no.2 as partner. However, dispute arose
between parties leading to filing of O.S.no.10766/1986,
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MFA.no.2774/1986 and O.S.no.2880/1987. They were settled
out of Court and plaintiffs no.1 and 2 continued to manage
Firm. Thereafter, Firm became sick unit, manufacturing process
was stopped and bank liability mounted to rupees one crore.
Defendants no.2, 3 and 4 filed O.S.no.6037/1993 subsequently
re-numbered
as
O.S.no.235/2000
and
O.S.no.6697/1999
before Civil Court, Bangalore. Even criminal proceedings in
C.C.no.18071/1995 was filed.
It was further stated that during pendency of above
proceedings, matter was amicably settled and defendants no.2,
3 and 4 retired from Firm on execution of Deed of
Reconstitution of Partnership, wherein they undertook to
withdraw all civil and criminal proceedings from respective
Courts unconditionally and endorsed their consent and no
objection in favour of plaintiffs no.1 and 2 to deal, negotiate,
settle, compromise or enter into any transaction and execute
any document on their own in favour of Vijaya Bank or KIADB
without reference to them and also undertook to sign all
documents in favour of plaintiffs no.1 and 2 to give complete
effect to their retirement from Firm
