IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

REGULAR FIRST APPEAL NO. 1988/2013 C/W

REGULAR FIRST APPEAL NO. 70/2014

IN RFA NO.1988/2013

BETWEEN :

1.

SMT.VINODA SATISH

AGED ABOUT 75 YEARS,

W/O LATE S.P SATISH,

NO.5, JAKKASANDRA BLOCK,

KORAMANGALA LAYOUT,

BENGALURU – 560 034.

2.

SMT. S.P POORNIMA

AGED ABOUT 55 YEARS,

W/O SRIKANTARATHYA M.G

NO. 393, 8^TH CROSS, 9^TH MAIN,

4^TH BLOCK, ST BED KORAMANGALA,

BENGALURU – 560 034.

2(a). SHARAN SHRIKANT

S/O LATE POORNIMA

AGED ABOUT 33 YEARS,

2(b). VARUN SHRIKANTH

S/O LATE POORNIMA

AGED ABOUT 29 YEARS,

BOTH ARE RESIDING AT

NO.5, JAKKASANDRA BLOCK, 7^TH CROSS

KORAMANGALA, BENGALURU – 34.

2

2(c)

M.G. SRIKANTH ARADYA

AGED ABOUT 60 YEARS

#393, 9^TH MAIN, 8^TH CROSS

ST BED, BENGALURU – 560 034.

3.

SMT.SUJAYA MAHESH

W/O S.V. MAHESH,

AGED ABOUT 54 YEARS,

NO. 532, 7^TH CROSS,

4^TH BLOCK, KORAMANGALA,

BENGALURU – 560 034.

... APPELLANTS

(By SRI. GIRISH KODGI., ADVOCATE FOR A1 & A2 (A&B)

SRI.M.V. REVANASIDDAIAH., ADVOCATE FOR A2(C);

SRI. KIRAN S. JAVALI., ADVOCATE FOR A3)

AND :

SRI.S.P.SURESH

AGED ABOUT 53 YEARS,

S/O LATE S.P SATISH,

NO.5, JAKKASANDRA BLOCK,

KORAMANGALA LAYOUT,

BENGALURU – 560 034.

... RESPONDENT

(By SRI. CHANDRANATH ARIGA K., ADVOCATE FOR C/R)

THIS REGULAR FIRST APPEAL IS FILED UNDER

SECTION 96 OF THE CPC, AGAINST THE ORDER DATED

12.11.2013 PASSED IN FDP NO.181/2011 ON THE FILE OF

THE XVIII ADDL. CITY CIVIL JUDGE, BENGALURU,

(CCH10), ORDERED THAT TO DEMOLISH THE EXISTING

BUILDING IN THE SUIT SCHEDULE PROPERTY AFTER

DEMOLISHING THE SAME, THE VACANT SITE MEASURING

20’x50’

INCLUDING

6

FEET

COMMON

PASSAGE

MAINTAINED BY BOTH THE PARTIES IS ALLOTED TO

EACH PLAINTIFFS AND DEFENDANT TOWARDS NORTH

3

SIDE

IS

TO

BE

ALLOTED

TO

THE

SHARE

OF

RESPONDENT/DEFENDATNT.

IN RFA NO.70/2014

BETWEEN :

SRI.S.P.SURESH

AGED ABOUT 52 YEARS,

S/O LATE S.P SATISH,

NO.5, JAKKASANDRA BLOCK,

KORAMANGALA LAYOUT,

BENGALURU – 560 034.

REPRESENTED BY HER GPA HOLDER,

MRS. RENU SURESH

W/O S.P. SURESH

AGED ABOUT 46 YEARS

R/AT NO.46, SHANKAR MUTT ROAD

BENGALURU.

... APPELLANT

(By SRI. CHANDRANATH ARIGA K., ADVOCATE )

AND :

1.

SMT.VINODA SATISH

AGED ABOUT 73 YEARS,

W/O LATE S.P SATISH,

NO.5, JAKKASANDRA BLOCK,

KORAMANGALA LAYOUT,

BENGALURU – 560 034.

2.

SMT. S.P POORNIMA

AGED ABOUT 55 YEARS,

W/O SRIKANTARATHYA M.G

NO. 393, 8^TH CROSS, 9^TH MAIN,

4^TH BLOCK, ST BED KORAMANGALA,

BENGALURU – 560 034.

4

2(a). SHARAN SHRIKANT

S/O LATE POORNIMA

AGED ABOUT 33 YEARS,

2(b). VARUN SHRIKANTH

S/O LATE POORNIMA

AGED ABOUT 29 YEARS,

BOTH ARE RESIDING AT

NO.5, JAKKASANDRA BLOCK, 7^TH CROSS

KORAMANGALA, BENGALURU – 34.

2(c)

M.G. SRIKANTH ARADYA

AGED ABOUT 60 YEARS

#393, 9^TH MAIN, 8^TH CROSS

ST BED, BENGALURU – 560 034.

3.

SMT.SUJAYA MAHESH

W/O S.V. MAHESH,

AGED ABOUT 54 YEARS,

NO. 532, 7^TH CROSS,

4^TH BLOCK, KORAMANGALA,

BENGALURU – 560 034.

... RESPONDENTS

(By SRI. GIRISH KODGI., ADVOCATE FOR R1 & R2 (A&B)

SRI.M.V. REVANASIDDAIAH., ADVOCATE R2(C);

SRI. KIRAN S. JAVALI., ADVOCATE FOR R3)

THIS REGULAR FIRST APPEAL IS FILED UNDER

SECTION 96 OF THE CPC, AGAINST THE ORDER DATED

12.11.2013 PASSED IN FDP NO.181/2011 ON THE FILE OF

THE XVIII ADDL. CITY CIVIL JUDGE, BENGALURU,

ORDERING TO DEMOLISH THE EXISTING BUILDING IN

THE SUIT SCHEDULE PROPERTY AFTER DEMOLISHING

THE SAME, THE VACANT SITE MEASURING 20’x50’

INCLUDING 6 FEET COMMON PASSAGE MAINTAINED BY

BOTH THE PARTIES IS ALLOTED TO EACH PLAINTIFF’S

AND DEFENDANT THEREIN TOWARDS NORTH SIDE IS TO

BE

ALLOTED

TO

THE

SHARE

OF

RESPONDENT/DEFENDATNT THEREIN.

5

THESE APPEALS COMING ON FOR FINAL HEARING,

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

These appeals are filed calling in question the

o