- 1 - NC: 2024:KHC:37653-DB RFA No.1063/2024 C/W RFA No.1065/2024, RFA No.1079/2024, RFA No.1115/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2024 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL No.1115/2024 (RES) IN R.F.A.NO.1063/2024: BETWEEN: M/S.SREENIVASA ENTERPRISES, VITTOBHA TEMPLE STREET, DODDABALLAPURA, BENGALURU DISTRICT AND M/S. URVASHI THEATRE, NO.40, H SIDDAIAH ROAD, BENGALURU - 560 027 REPRESENTED BY ITS MANAGING PARTNER SRI K R RAVISHANKAR …APPELLANT (BY SRI.T SESHAGIRI RAO, ADVOCATE) AND: 1. M/S.BASETTY TRUST A PUBLIC CHARITABLE TRUST WITH ITS REGISTERED OFFICE AT NO.512, ASWATHAKATTE ROAD V V PURAM, BENGALURU – 560 004 REP. BY ITS PRESIDENT AND SECRETARY 2. SRI B N RAM MOHAN, S/O LATE B K NARAYAN, AGED ABOUT 69 YEARS, REGULAR FIRST APPEAL No.1063/2024 (RES) C/W REGULAR FIRST APPEAL No.1065/2024(RES), REGULAR FIRST APPEAL No.1079/2024 (RES), Digitally signed by A K CHANDRIKA Location: High Court of Karnataka - 2 - NC: 2024:KHC:37653-DB RFA No.1063/2024 C/W RFA No.1065/2024, RFA No.1079/2024, RFA No.1115/2024 RESIDING AT NO.15, 13TH MAIN, JAGRUTHI COLONY, PUTTENAHALLI, J P NAGAR VII PHASE, BENGALURU – 560 078 3. SRI B V BADRINATH, S/O LATE B R VENKATESH, AGED ABOUT 65 YEARS, RESIDING AT NO.512, ASWATHAKATTE ROAD, V V PURAM, BENGALURU-560004. 4. SRI S K KISHORE, S/O LATE B S KRISHNAMURTHY, AGED ABOUT 62 YEARS, RESIDING AT NO.33, 2ND FLOOR, OPPOSITE GOVERNMENT MATERNITY HOSPITAL, SAJJAN RAO ROAD, VV PURAM, BENGALURU-560004. 5. SMT. B. N. RAJESHWARI, W/O V. B. KRISHNAIAH CHETTY, D/O LATE B R NAGARAJAN AGED ABOUT 65 YEARS, RESIDING AT NO.593, 21ST MAIN ROAD, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU – 560 041 … RESPONDENTS (BY SRI. V.VISWANATH SETTY., ADVOCATE FOR C/R-1 TO R-5) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.2024 PASSED IN OS NO.3858/2016 ON THE FILE OF XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY., DISMISSING THE SUIT FOR EXTENSION OF LEASE PERIOD. IN R.F.A.NO.1065/2024: BETWEEN: M/S.SREENIVASA ENTERPRISES, VITTOBHA TEMPLE STREET, DODDABALLAPURA, BENGALURU DISTRICT AND M/S. URVASHI THEATRE, NO.40, H SIDDAIAH ROAD, BENGALURU - 560 027 - 3 - NC: 2024:KHC:37653-DB RFA No.1063/2024 C/W RFA No.1065/2024, RFA No.1079/2024, RFA No.1115/2024 REPRESENTED BY ITS MANAGING PARTNER SRI K R RAVISHANKAR …APPELLANT (BY SRI.T SESHAGIRI RAO, ADVOCATE) AND: 1. SRI. B.V.NARAYAN, S/O LATE B.R.VENKATARAMAN SETTY, AGED ABOUT 87 YEARS, R/AT NO.100/24, 10TH ‘D’ MAIN ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU-560 011. 2. SMT. JALAJA SHEKAR, W/O LATE B.V.CHANDRASHEKAR, AGED ABOUT 74 YEARS, 3. SRI. HEMANTH CHANDRASHEKAR, S/O LATE B.V.CHANDRASHEKAR, AGED ABOUT 52 YEARS, 4. SRI. ANUP BANGALORE CHANDRASHEKAR, S/O LATE B.V. CHANDRASHEKAR, AGED ABOUT 49 YEARS, R-3 AND 4 ARE RESIDING AT NO.100/24, 10TH ‘D’ MAIN ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU - 560 011. … RESPONDENTS (BY SRI.VISWANATH SETTY.V., ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.2024 PASSED IN O.S.NO.3861/2016 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR EVICTION. IN R.F.A.NO.1079/2024: BETWEEN: 1. M/S SREENIVASA ENTERPRISES, REP. BY ITS MANAGING PARTNER, SRI.K.R.RAVISHANKAR & - 4 - NC: 2024:KHC:37653-DB RFA No.1063/2024 C/W RFA No.1065/2024, RFA No.1079/2024, RFA No.1115/2024 SMT. ANITHA RAVISHANKAR, VITTOBHA TEMPLE STREET, DODDABALLAPURA, BENGALURU DISTRICT-561 203. 2. SRI. K.R.RAVISHANKAR, S/O K.C. RUDRE GOWDA, AGED ABOUT 65 YEARS, MANAGING PARTNER, M/S SREENIVASA ENTERPRISES, C/O URVASHI THEATRE, NO.K-40, H. SIDDAIAH ROAD, BENGALURU – 560 027. 3. SMT. ANITHA RAVISHANKAR, W/O K.R.RAVISHANKAR, AGED ABOUT 62 YEARS, M/S SREENIVASA ENTERPRISES, C/O URVASHI THEATRE, NO.K-40, H.SIDDAIAH ROAD, BENGALURU-560 027 … APPELLANTS (BY SRI.T.SESHAGIRI RAO, ADVOCATE ) AND: 1. M/S BASETTY TRUST, REGISTERED OFFICE AT NO.15, 13TH MAIN, JAGRUTHI COLONY, PUTTENAHALLI, J.P.NAGAR, 7TH PHASE, BENGALURU-560 078. REPRESENTED BY: 2. THE PRESIDENT, SRI.B.N.RAM MOHAN, S/O LATE B.K.NARAYAN, AGED ABOUT 69 YEARS, R/AT NO.15, 13TH MAIN, JAGRUTHI COLONY, PUTTENAHALLI, J.P.NAGAR VII PHASE, BENGALURU-560 078. 3. THE SECRETARY, SHRI.B.V.BADRINATH, S/O LATE B.R.VENKATESH, AGED ABOUT 65 YEARS, - 5 - NC: 2024:KHC:37653-DB RFA No.1063/2024 C/W RFA No.1065/2024, RFA No.1079/2024, RFA No.1115/2024 R/AT NO.512, ASHWATHAKATTE ROAD, V.V.PURAM, BENGALURU-560 004. TRUSTEES: 4. SHRI.S.K.KISHORE, S/O LATE B.S.KRISHNAMURTHY, AGED ABOUT 62 YEARS, R/AT NO.33, 2ND FLOOR, OPPOSITE GOVERNMENT MATERNITY HOSPITAL, SAJJAN RAO ROAD, V.V.PURAM, BENGALURU-560 004. 5. SMT. B.N.RAJESHWARI, W/O V.B.KRISHNAIAH CHETTY, D/O LATE B.R.NAGARAJAN, AGED ABOUT 65 YEARS, R/AT NO.593, 21ST MAIN ROAD, 4TH ‘T’ BLOCK, JAYANAGAR, BENGALURU-560 041. … RESPONDENTS (BY SRI.VISWANATH SETTY.V., ADVOCATE FOR C/R-1 TO R-5) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.2024 PASSED IN O.S.NO.3840/2018 ON THE FILE OF THE XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU CITY, PARTLY DECREEING THE SUIT FOR EVICTION AND DAMAGES. IN R.F.A.NO.1115/2024: BETWEEN: 1. M/S SREENIVASA ENTERPRISES, REP. BY ITS MANAGING PARTNER, SRI.K.R.RAVISHANKAR & SMT. ANITHA RAVISHANKAR, VITTOBHA TEMPLE STREET, DODDABALLAPURA, BENGALURU DISTRICT-561 203. 2. SRI. K.R.RAVISHANKAR, S/O K.C. RUDRE GOWDA, AGED ABOUT 65 YEARS, MANAGING PARTNER, - 6 - NC: 2024:KHC:37653-DB RFA No.1063/2024 C/W RFA No.1065/2024, RFA No.1079/2024, RFA No.1115/2024 M/S SREENIVASA ENTERPRISES, C/O URVASHI THEATRE, NO.K-40, H. SIDDAIAH ROAD, BENGALURU – 560 027. 3. SMT. ANITHA RAVISHANKAR, W/O K.R.RAVISHANKAR, AGED ABOUT 62 YEARS, M/S SREENIVASA ENTERPRISES, C/O URVASHI THEATRE, NO.K-40, H.SIDDAIAH ROAD, BENGALURU-560 027. … APPELLANTS (BY SRI.MANJUNATH HEGDE, ADVOCATE FOR SRI.T.SESHAGIRI RAO, ADVOCATE ) AND: 1. SHRI. B.K.RAJENDRA PRASAD, S/O LATE B.KRISHNA SHETTY, AGED ABOUT 71 YEARS, R/AT NO.31, 11TH ‘A’ CROSS, 1ST FLOOR, SWIMMING POOL EXTN., SUDHINDRA NAGAR, MALLESWARAM, BENGALURU - 560 003. 2. SRI. B.N.RAM MOHAN, S/O LATE B.K.NARAYAN, AGED ABOUT 69 YEARS, R/AT NO.15, 13TH MAIN, JAGRUTHI COLONY, PUTTENAHALLI, J.P.NAGAR, VII PHASE, BENGALURU - 560 078. 3. SRI. B.G.SHANKAR, S/O LATE B.K.GOPAL, AGED ABOUT 61 YEARS, R/AT NO.2069, EAST END ‘B’ MAIN, 39TH CROSS, JAYANAGAR IX BLOCK, BENGALURU - 560 069. 4. SHRI.B.M.SRINATH, S/O LATE B.K.MANJUNATH, AGED ABOUT 64 YEARS, R/AT NO.128/7, 7TH MAIN ROAD, LAKKASANDRA EXTN., WILSON GARDEN, BENGALURU-560 030. - 7 - NC: 2024:KHC:37653-DB RFA No.1063/2024 C/W RFA No.1065/2024, RFA No.1079/2024, RFA No.1115/2024 5. SHRI.B.G.MAHESH, S/O LATE B.K.GOVINDARAJ, AGED ABOUT 53 YEARS, R/AT NO.69, EAST PARK ROAD, 14TH CROSS, MALLESHWARAM, BENGALURU-560 003. …RESPONDENTS (BY SRI.VISWANATH SETTY, ADVOCATE) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 READ WITH ORDER XLI RULE 1 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 15.02.2024 PASSED IN O.S.NO.3841/2018 ON THE FILE OF XXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, PARTLY DECREEING THE SUIT FOR EJECTION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Peremptory order dated 29.08.2024 is not complied. Therefore, these appeals are already stood dismissed. No further order is required. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VENKATESH NAIK T) JUDGE GSR,List No.: 2 Sl No.: 0