1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27^TH DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

R.F.A.NO.1775/2005 (INJ)

C/W.

R.F.A.NO.1776/2005 (INJ)

R.F.A.NO.1777/2005 (INJ)

R.F.A.NO.1778/2005 (INJ)

IN R.F.A.NO.1775/2005:

BETWEEN:

THE COMMISSIONER,

BANGALORE DEVELOPMENT AUTHORITY,

KUMARA PARK WEST,

T.CHOWDAIAH ROAD,

BENGALURU-560 020.

… APPELLANT

(BY SRI MURUGESH V. CHARATI, ADVOCATE)

AND:

1.

SRI M. NARAYANAPPA,

SINCE DECEASED BY HIS LEGAL REPRESENTATIVES

a.

SMT. GOWRAMMA, WIFE.

b.

SMT.MUNIRATHNAMMA, DAUGHTER.

c.

SHRI. N.JAGANNATH, SON.

d.

SHRI. B.BALARAM, SON.

e.

SHRI. N.BALAKRISHNA, SON.

f.

SHRI N.SRINIVAS, SON.

2

1a TO f ARE RESIDING AT

NO.20, 2^ND CROSS, KADIRAPPA ROAD,

DODDAKUNTA VILLAGE, COX TOWN,

BENGALURU-560 055.

2.

SHRI. ANNAYAPPA,

SINCE DECEASED BY HIS LEGAL REPRESENTATIVES

a.

SMT.AMMAYYAMMA, WIFE.

b.

SHRI. C.CHANDRA, SON.

c.

SHRI. A.MOHAN, SON.

d.

SHRI. A.VENKATESH, SON.

ALL ARE RESIDING AT NO.21,

2^ND CROSS, KADIRAPPA ROAD,

DODDAKUNTA VILLAGE, COX TOWN,

BENGALURU-560 005.

... RESPONDENTS

[BY SRI V.ANAND, ADVOCATE FOR R1(b), R1(d),

R1(f) AND R2(a), R2(b), R2(d), R2(e) (ABSENT);

SRI N. BYREGOWDA, ADVOCATE FOR R1(c) (ABSENT);

R1(e) AND R2(c) ARE SERVED;

R1(a) IS DECEASED;

R1(b-f) ARE TREATED AS LRs OF R1(a)]

THIS R.F.A. IS FILED UNDER SECTION 96 READ WITH

ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE

DATED 24.05.2005 PASSED IN O.S.NO.2973/1991 ON THE FILE OF

THE

XXVII

ADDITIONAL

CITY

CIVIL

JUDGE,

BENGALURU,

DECREEING THE SUIT FOR PERMANENT INJUNCTION.

IN R.F.A.NO.1776/2005:

BETWEEN:

THE COMMISSIONER,

BANGALORE DEVELOPMENT AUTHORITY,

KUMARA PARK WEST,

T.CHOWDAIAH ROAD,

BENGALURU-560 020.

… APPELLANT

(BY SRI MURUGESH V. CHARATI, ADVOCATE)

3

AND:

1.

SRI M. NARAYANAPPA,

SINCE DECD BY HIS LEGAL REPRESENTATIVE

a.

SMT. GOWRAMMA, WIFE.

SINCE DEAD BY HER LRs

R-1(b) TO 1(d) AND 1(f) ARE TREATED

AS LRS OF R-1(a) AND R-1(e)

b.

SMT.MUNIRATHNAMMA, DAUGHTER.

c.

SHRI.N.JAGANNATH, SON.

d.

SHRI. B.BALARAM, SON.

e.

SHRI.N.BALAKRISHNA, SON.

SINCE DEAD BY HIS LRs

f.

SHRI N.SRINIVAS, SON.

AMENDED VIDE COURT ORDER DATED 09.07.2010

1a TO f ARE RESIDING AT

NO.20, 2^ND CROSS,

KADIRAPPA ROAD,

DODDAKUNTA VILLAGE, COX TOWN,

BENGALURU-560 055.

... RESPONDENTS

[BY SRI V. ANAND, ADVOCATE FOR R1(b), R1(d), R1(f);

SRI N.BYREGOWDA, ADVOCATE FOR R1(c);

R1(b-d & f) ARE TREATED AS LRs’ OF R1(a & e)]

THIS R.F.A. IS FILED UNDER SECTION 96 OF CPC READ

WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND

DECREE DATED 24.05.2005 PASSED IN O.S.NO.2974/1991 ON THE

FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BENGALURU,

DECREEING THE SUIT FOR PERMANENT INJUNCTION.

4

IN R.F.A.NO.1777/2005:

BETWEEN:

THE COMMISSIONER,

BANGALORE DEVELOPMENT AUTHORITY,

KUMARA PARK WEST,

T.CHOWDAIAH ROAD,

BENGALURU-560 020.

… APPELLANT

(BY SRI MURUGESH V. CHARATI, ADVOCATE)

AND:

SRI N. TYAGARAJU,

S/O LATE D.A.NARAYANAPPA,

RESIDING AT NO.199, 9^TH CROSS,

DODDAKUNTA VILLAGE, COX TOWN,

BENGALURU-560 055.

... RESPONDENT

[BY SRI K.H. THIMMAIAH, ADVOCATE FOR

M/S.DIKSHIT ASSOCIATES]

THIS R.F.A. IS FILED UNDER SECTION 96 READ WITH

ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND DECREE

DATED 24.05.2005 PASSED IN O.S.NO.3001/1991 ON THE FILE OF

THE

XXVII

ADDITIONAL

CITY

CIVIL

JUDGE,

BENGALURU,

DECREEING THE SUIT FOR PERMANENT INJUNCTION.

IN R.F.A.NO.1778/2005:

BETWEEN:

THE COMMISSIONER,

BANGALORE DEVELOPMENT AUTHORITY,

KUMARA PARK WEST,

T.CHOWDAIAH ROAD,

BENGALURU-560 020.

… APPELLANT

(BY SRI MURUGESH V.CHARATI, ADVOCATE)

5

AND:

1.

SRI R.SRINIVASAMURTHY.

2.

S/O SRI R.SHIVAPRASAD

S/O SHRI A. RAMAKRISHNA

NO.24, WEBSTER ROAD

COX TOWN, BENGALURU-560 005. ... RESPONDENTS

[BY SRI K.H. THIMMAIAH, ADVOCATE FOR

M/S.DIKSHIT ASSOCIATES]

THIS R.F.A. IS FILE