AND 6 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^th DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO.816 OF 2024 (EJE)

CONNECTED WITH REGULAR FIRST APPEAL NO.648 OF 2024 (RES), REGULAR FIRST APPEAL NO.814 OF 2024 (RES), REGULAR FIRST APPEAL NO.1057 OF 2024 (RES), REGULAR FIRST APPEAL NO.1063 OF 2024 (RES), REGULAR FIRST APPEAL NO.1065 OF 2024(RES), REGULAR FIRST APPEAL NO.1078 OF 2024 (RES), REGULAR FIRST APPEAL NO.1079 OF 2024 (RES), AND REGULAR FIRST APPEAL NO.1115 OF 2024 (RES)

IN R.F.A. No.816/2024:

BETWEEN:

1. SHRI B.K. RAJENDRA PRASAD Digitally signed by SON OF LATE B. KRISHNA SHETTY MOUNESHWARAPPA NAGARATHNA AGED ABOUT 70 YEARS Location: High Court of Karnataka RESIDING AT NO.31

11^TH 'A' CROSS, 1^ST FLOOR SWIMMING POOL EXTENSION SUDHINDRA NAGAR, MALLESHWARAM BENGALURU - 560 003.

2. SHRI B. N. RAMA MOHAN SON OF LATE B. K. NARAYANA AGED ABOUT 69 YEARS RESIDING AT NO.15, 13^TH MAIN JAGRUTHI COLONY, PUTTENAHALLI J. P. NAGAR VII PHASE BENGALURU-560 078.

AND 6 OTHERS

3. SHRI B. G. SHANKAR SON OF LATE B. K. GOPAL AGED ABOUT 61 YEARS RESIDING AT NO.2069 EAST END 'B' MAIN

39TH CROSS, JAYANAGAR IX BLOCK BENGALURU-560 069.

4. SHRI B.M. SREENATH SON OF LATE B.K. MANJUNATH AGED ABOUT 64 YEARS RESIDING AT NO.128/7

7^TH MAIN ROAD, LAKKASANDRA EXTENSION WILSON GARDEN BENGALURU-560 030.

5. SHRI B. G. MAHESH SON OF LATE B. K. GOVINDARAJ AGED ABOUT 53 YEARS RESIDING AT NO.69, EAST PARK ROAD

14TH CROSS, MALLESWARAM BENGALURU - 560 003.

…APPELLANTS (BY SRI P.P. HEGDE, SENIOR COUNSEL, FOR SRI VISWANATHA SHETTY V., ADVOCATE)

AND:

1. M/S. SREENIVASA ENTERPRISES REPRESENTED BY THE MANAGING PARTNERS:

SHRI K. R. RAVISHANKAR AND SMT. ANITHA RAVISHANKAR VITTOBA TEMPLE STREET DODDABALLAPURA DODDABALLAUPRA TALUK BENGALURU RURAL DISTRICT. 2. SHRI K. R. RAVISHANKAR SON OF K. C. RUDRE GOWDA AGED ABOUT 66 YEARS MANAGING PARTNER M/S. SREENIVASA ENTERPRISES C/O. URVASHI THEATRE NO.K-40, H. SIDDAIAH ROAD BENGALURU-560 027.

AND 6 OTHERS

4. SMT. ANITHA RAVISHANKAR WIFE OF K. R. RAVISHANKAR AGED ABOUT 61 YEARS M/S. SREENIVASA ENTERPRISES C/O. URVASHI THEATRE NO.K-40, H. SIDDAIAH ROAD BENGALURU- 560 027.

…RESPONDENTS (BY SRI RUDRESHWAR SINGH, SENIOR COUNSEL, FOR SRI T. SESHAGIRI RAO., ADVOCATE)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 15.02.2024 PASSED IN O.S.NO.3841 OF 2018 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-7), PARTLY DECREEING THE SUIT FOR EJECTMENT.

IN R.F.A. NO.648/2024:

BETWEEN:

1. M/S. BASETTY TRUST REGISTERED OFFICE AT NO.15 13^TH MAIN, JAGRUTHI COLONY PUTTENAHALLI, J.P. NAGAR VII PHASE BENGALURU-560 078.

REPRESENTED BY:

2. THE PRESIDENT SHRI B.N. RAM MOHAN SON OF LATE B.K. NARAYAN AGED ABOUT 69 YEARS RESIDING AT NO.15, 13^TH MAIN, JAGRUTHI COLONY PUTTENAHALLI, JP NAGAR VII PHASE BENGALURU-560 078. 3. THE SECRETARY SHRI B.V. BADRINATH SON OF LATE B.R. VENKATESH AGED ABOUT 63 YEARS RESIDING AT NO.512, ASHWATHAKATTE ROAD V.V. PURAM BENGALURU-560 004.

AND 6 OTHERS TRUSTEES:

B.V. CHANDRASHEKAR (DIED ON 14.11.2023)

SON OF LATE B.R. VENKATARAMANA SETTY AGED ABOUT 73 YEARS RESIDING AT NO.100/24

10^TH MAIN ROAD, 1^ST BLOCK JAYANAGAR BENGALURU-560 011.

4. SMT. JALAJA SHEKAR WIFE OF LATE B.V. CHANDRASEKAR AGED ABOUT 69 YEARS RESIDING AT NO.100/24

10TH D MAIN ROAD I BLOCK, JAYANAGAR BENGALURU 560 011.

5. SHRI S.K. KISHORE SON OF LATE B.S. KRISHNAMURTHY AGED ABOUT 60 YEARS RESIDING AT NO.33, 2^ND FLOOR OPP: GOVERNMENT MATERNITY HOSPITAL SAJJAN RAO ROAD, V.V. PURAM BENGALURU-560 004.

6. SMT. B.N. RAJESHWARI WIFE OF V.B. KRISHNAIAH CHETTY DAUGHTER OF LATE B.R. NAGARAJAN AGED ABOUT 64 YEARS RESIDING AT NO.593

21^ST MAIN ROAD, 4^TH 'T' BLOCK JAYANAGAR BENGALURU-560 041.

...APPELLANTS (BY SRI P.P. HEGDE, SENIOR COUNSEL, FOR SRI VISWANATHA SHETTY V., ADVOCATE)

AND 6 OTHERS AND:

1. M/S. SREENIVASA ENTERPRISES REPRESENTED BY THE MANAGING PARTNERS SHRI K.R. RAV