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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF DECEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

RFA.No.1926/2013

C/W

RFA.Nos.1924/2013 AND 1925/2013(EJT)

IN RFA.No.1926/2013

BETWEEN:

M. SHANKAR

AGED ABOUT 47 YEARS

SON OF MANOHARAN

PROPRIETOR

M/S. VINU ENGINEERING WORKS

C-212, 4^TH CROSS

1^ST STAGE, PEENYA

BENGALURU-560 058.

... APPELLANT

(BY SRI. KASHYAP N. NAIK, ADV.)

AND:

M/S. SWITCHING POWER CONVERSION PVT. LTD.

REGD. OFFICE AND WORKS No.105/687

LAGGERE ROAD, 4^TH CROSS,

1^ST STAGE, PEENYA

BENGALURU-560 058.

REPRESENTED BY ITS DIRECTOR

R. SRINIVAS

S/O. VENKATASWAMY

AGED ABOUT 45 YEARS.

... RESPONDENT

(BY SRI. G. PAPI REDDY, ADV.)

R

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THIS RFA IS FILED UNDER SECTION 96 READ

WITH ORDER 41 RULE 1 AND 2 OF CPC AGAINST THE

JUDGMENT AND DECREE DATED 19.08.2013 PASSED

IN O.S.NO.7468/2007 ON THE FILE OF III ADDL. CITY

CIVIL

AND

SESSIONS

JUDGE,

BANGALURU,

DECREEING THE SUIT EJECTMENT.

IN RFA.No.1924/2013

BETWEEN:

S. NAGARAJU

S/O. SEERAIAH

AGED ABOUT 45 YEARS

PROPRIETOR

M/S. GANAPATI METAL FINISHERS

C-212, 4^TH CROSS

1^ST STAGE

PEENYA INDUSTRIAL ESTATE

BENGALURU-560 058.

... APPELLANT

(BY SRI. KASHYAP N. NAIK, ADV.)

AND:

M/S. SWITCHING POWER CONVERSION PVT. LTD.

REGD. OFFICE AND WORKS NO.105/687

LAGGERE ROAD, 4^TH CROSS,

1^ST STAGE, PEENYA

BENGALURU-560 058.

REPRESENTED BY ITS DIRECTOR

R. SRINIVAS

S/O. VENKATASWAMY

AGED ABOUT 45 YEARS.

... RESPONDENT

(BY SRI. G. PAPI REDDY, ADV.)

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THIS RFA IS FILED UNDER SECTION 96 READ

WITH ORDER 41 RULE 1 AND 2 OF CPC AGAINST THE

JUDGMENT AND DECREE DATED 19.08.2013 PASSED

IN O.S.NO.7810/2007 ON THE FILE OF III ADDL. CITY

CIVIL

AND

SESSIONS

JUDGE,

BANGALURU,

DECREEING THE SUIT EJECTMENT.

IN RFA.No.1925/2013

BETWEEN:

SMT. VIMALA

WIFE OF LATE RAMACHANDRAPPA

AGED ABOUT 54 YEARS

PROPRIETRIX

M/S. SRI ENGINEERING

C-212, 4^TH CROSS

1^ST STAGE, PEENYA INDUSTRIAL ESTATE

BENGALURU-560 058.

... APPELLANT

(BY SRI. KASHYAP N. NAIK, ADV.)

AND:

M/S. SWITCHING POWER CONVERSION PVT. LTD.

REGD. OFFICE AND WORKS NO.105/687

LAGGERE ROAD, 4^TH CROSS,

1^ST STAGE, PEENYA

BENGALURU-560 058.

REPRESENTED BY ITS DIRECTOR

R. SRINIVAS

S/O. VENKATASWAMY

AGED ABOUT 45 YEARS.

... RESPONDENT

(BY SRI. G. PAPI REDDY, ADV.)

THIS RFA IS FILED UNDER SECTION 96 READ

WITH ORDER 41 RULE 1 AND 2 OF CPC AGAINST THE

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JUDGMENT AND DECREE DATED 19.08.2013 PASSED

IN O.S.NO.7204/2007 ON THE FILE OF III ADDL. CITY

CIVIL

AND

SESSIONS

JUDGE,

BANGALURU,

DECREEING THE SUIT EJECTMENT.

THESE

RFAs

HAVING

BEEN

HEARD

AND

RESERVED FOR JUDGMENT ON 27.11.2019, THIS

DAY THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

These three appeals are filed against the judgment

and decree passed in O.S.Nos.7810/2007, 7204/2007,

7468/2007 dated 19-08-2013 on the file of III Additional

City Civil and Sessions Judge, Bangalore City.

2.

The parties are referred to as per their original

rankings before the Court below to avoid confusion and for

the convenience of the Court.

3.

The brief facts of the case:-

It is the case of the plaintiff in all the suits that the

plaintiff is a private limited company having incorporated

under the Companies Act, 1956 and that the factory land

and building thereon bearing No.C-212, 4^th Cross, 1^st

Stage, Peenya Industrial Estate, Bangalore-58 in all

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measuring 453.43 square meters was purchased by the

plaintiff in the public auction held on 18.6.2004 by Debts

Recovery Tribunal, Bangalore. The said property was

morefully described as Schedule ‘A’ property in all the

suits. The said sale was confirmed on 18.11.2004 and sale

certificate was issued on 19.11.2004.

4.

It is contended in O.S.No.7810/2007 that

defendant is a tenant with respect to a portion of the