1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI

REGULAR FIRST APPEAL NO.1487 OF 2019 (PAR)

BETWEEN

SRI.S.ESWAR

S/O LATE S.B.SONUSA,

AGED ABOUT 54 YEARS,

R/AT NO.769, 8^TH MAIN,

3^RD CROSS, VIJAYANAGAR,

BENAGLURU-560 040.

SINCE DECEASED REPRESENTED BY

HIS LEGAL HEIRS

1(A). THARA BAI (WIFE) AGED ABOUT 56 YEARS,

1(B). VINAYAK E.S (SON) AGED ABOUT 29 YEARS,

1(C). SHRUTHI E.S (DAUGHTER) AGED ABOUT 28 YEARS.

ALL ARE RESIDING AT NO. 769, 8^TH MAIN,

3^RD CROSS, VIJAYANAGAR,

BENAGLURU-560 040.

&APPELLANTS

(BY SMT.VAIJAYANTHIMALA.B., ADVOCATE)

AND

1.

S.NARAYANA

S/O LATE S.B.SONUSA,

AGED ABOUT 69 YEARS.

2

2.

S.SHANKAR

S/O LATE S.B.SONUSA,

AGED ABOUT 65 YEARS.

BOTH ARE PARTNERS

M/S LILLY LABELS & POPPYS,

NO.1-B, APPACHINAGAR,

KONGU MAIN ROAD,

TIRUPUR-638 609 (T.N).

3.

S.SHIVAKUMAR

S/O LATE S.B.SONUSA

AGED ABOUT 52 YEARS.

4.

S.MANJUNATH

S/O LATE S.B.SONUSA,

AGED ABOUT 50 YEARS.

NO.1,3 AND 4 ARE RESIDING

AT NO.769, 5^TH MAIN,

3^RD CROSS, VIJAYANAGAR,

BENGALURU-560 040.

5.

SMT.RAJESHWARI

D/O LATE S.B.SONUSA,

W/O SUBRAMANI,

AGED ABOUT 63 YEARS,

R/AT NO.246, AKKIPET MAIN ROAD,

BENGALURU-560 053.

6.

SMT.LAKSHMI BAI

D/O LATE S.B.SONUSA,

W/O RAMUSA,

AGED ABOUT 60 YEARS,

R/AT NO.33,5^TH CROSS,

LEFT SIDE, MAGADI ROAD,

BENGALURU-560 028.

3

7.

SMT. PUSHPAVATHI

D/O LATE S.B.SONUSA

W/ GOVARDHAN,

AGED ABOUT 57 YEARS,

R/AT NO.16, CUBBONPET,

MAIN ROAD,

BENGALURU-560 002.

8.

SMT. RAJALAKSHMI

W/O S.NARAYAN,

AGED ABOUT 62 YEARS,

R/AT NO.769, 5^TH MAIN ,

3^RD CROSS, VIJAYANAGAR

BENGALURU-560 040.

9.

SMT. SHYLA

W/O S.SHANKAR,

AGED ABOUT 60 YEARS,

R/AT NO.29/D, 2^ND STREET,

KANGAYAM ROAD,

KALIYAPPANAGAR,

TIRUPUR-4 (T.N).

10.

SRI. N.BHASKAR

S/O S.NARAYAN,

AGED ABOUT 37 YEARS,

R/AT KAVERI ENTERPRISES,

NO.797/151, B.M.SHANKARAPPA,

INDUSTRIAL ESTATE, SUNKADAKATTE,

VISHWANEEDAM POST,

BENGALURU-560 091.

11.

SRI. RAVI

S/O NOT KNOWN TO PLAINTIFF,

AGED ABOUT 52 YEARS,

TENANT IN SUIT SCHEDULE ITEM NO.2,

MANUFACTURER OF ENVELOPE COVERS,

NO.7/8, GROUND FLOOR, V CROSS,

RIGHT SIDE, MAGADI ROAD,

BENGALURU 560 023.

4

12.

SRI. SHANKARAPPA

S/O NOT KNOWN TO PLAINTIFF,

AGED ABOUT 53 YEARS,

TENANT IN SUIT SCHEDULE ITEM NO.7,

PLASTIC GHATTA MANUFACTURER,

NO.7/6, 6^TH CROSS, RIGHT SIDE,

MAGADI ROAD,

BENGALURU -560 023.

13.

SRI. A.SHANMUGHAM

S/O NOT KNOWN TO PLAITIFF,

AGE ABUT 52 YEARS,

TENANT IN SUIT SCHEDULE ITEM NO.6,

SRI.VIGNESHWARA ENTERPRISES,

6^TH CROSS, RIGHT SIDE, MAGADI ROAD,

BENGALURU-560 023.

14.

SRI.RAVI

S/O GANGADHAR,

AGED AOBUT 51 YEARS,

TENANT IN SUIT SCHEDULE ITEM NO.8,

RUNNING A READYMADE GARMENT,

NO.274, 1^ST FLOOR, ALANKAR

PLAZA, K G ROAD,

BENGLAURU-560 009.

15.

SRI.RAKESH BAFNA

S/O NOT KNOWN TO PALINTIFF,

AGED MAJOR,

TENANT , IN SUIT SCHEDULE ITEM NO.9,

NO.24, 3^RD FLOOR, A.M LANE,

CHICKPET,

BENGALURU-560 053.

16.

SRI.MOHAN

S/O NOT KNOWN TO PALINTIFF,

TENANT, IN SUIT SCHEDULE ITEM NO.10 ,

M/S.BALAJI HAIR DRESSES,

5

NO.100, N32 NO.159,

GAVIPURAM GUTTAHALLI,

KEMPEGOWDA NAGAR,

BENGLAURU-560 019.

17.

SRI.GURU

S/O NOT KNOWN TO PLAINTIFF,

AGED MAJOR,

TENANT, IN SUIT SCHEDULE ITEM NO.10,

M/S.DAKSHAYINI TAILORS,

NO.100, N32 NO.159,

GAVIPURAM GUTTAHALLI,

KEMPEGOWDA NAGAR,

BENGALURU 560 019.

18.

SMT.JAVARAMMA

W/O LATE YELUVA GOWDA,

AGED MAJOR,

TENANT IN SUIT SCHEDULE ITEM NO.10,

NO.110, N32 NO. 159,

GAVIPURAM GUTTAHALLI,

KEMPEGOWDA NAGAR,

BENGALURU-560 019.

19.

SMT.CHANDRAKANTHA,

AGED ABOUT 65 YEARS,

20.

SRI.S.M.SAINATH,

AGED ABOUT 36 YEARS,

21.

KUMARI.S.M.NANDA,

AGED ABOUT 31 YEARS,

22.

MASTER S.M.SUDARSHAN,

AGED ABOUT 28 YEARS,

19 IS WIDOW AND 20 TO 22

ARE THE CHILDREN OF

LATE.S.S.MARUTHI (PLAINTIFF NO.2),

6

21 AND 22 BEING MINOR ARE

REPRESENTED BY THEIR MOTHER AND

NATURAL GUARDIAN

SMT.CHANDRAKANTHA,

ALL ARE RESIDING

AT NO. 769, 5^TH