- 1 - HC-KAR NC: 2025:KHC:41123 RFA No. 44 of 2008 C/W RFA No. 55 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO. 44 OF 2008(DEC-INJ) C/W REGULAR FIRST APPEAL NO. 55 OF 2008(DEC-INJ) IN RFA No. 44/2008 BETWEEN: 1. THE RAJATHA COMPLEX TENANTS' WELFARE ASSOCIATION ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, HAVING ITS OFFICE AT 812/1, OTC ROAD, CHIKPET, BANGALORE -560 053, (REPRESETNED BY ITS PRESIDENT MR. BABULAL PORWAL) 2. MR BABULAL PORWAL S/O SRI GHISULAJI PORWAL OCC: BUSINESS, C/O PANKAJ TEXTILES, 1ST FLOOR RAJATHA COMPLEX, CHICKPET, BANGALORE - 560 053. …APPELLANTS (BY SRI. NAVEEN KUMAR S., ADVOCATE FOR SRI. GOUTAM AND RAJESWAR, ADVOCATE) AND: 1. M/S RAJATHA ENTERPRISES NO.495, AVENUE ROAD, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41123 RFA No. 44 of 2008 C/W RFA No. 55 of 2008 BANGALORE, A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER, SHRI. K.V. SHIVAKUMAR, NO.3, CHRUCH ROAD, BASAVANAGUDI, BANGALORE - 560 004. 2. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001. 3. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETRAY TO THE REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE 560 001. 4. THE DEPUTY COMMISSION BANGALORE URBAN DISTRICT, K.G.ROAD, BANGALORE -560 009. 5. THE SPECIAL DEPUTY COMMSISIONER BANGALORE URBAN DISTRICT, K.G. ROAD, BANGALORE - 560 009. 6. THE TAHSILDAR BANGALORE NORTH TALUK, K.G.ROAD, BANGALORE - 560 009. …RESPONDENTS (BY SRI. C. SADASHIVA, ADVOCATE FOR SRI. G.S. BHAT, ADVOCATE FOR R1 SRI. BHOJEGOWDA T. KOLLER, AGA FOR R2 TO R6) THIS RFA IS FILED UNDER SECTION 96 READ WITH ORDER 41 RULE 1 OF CPC AGAINST THE JUDGMENT AND - 3 - HC-KAR NC: 2025:KHC:41123 RFA No. 44 of 2008 C/W RFA No. 55 of 2008 DECREE DATED 03.12.2007 PASSED IN O.S.NO.1842/2007 ON THE FILE OF THE XXVII ADDITIONAL CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR DECLARATION AND PERMANENT INJUNCTION. IN RFA NO. 55/2008 BETWEEN: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TOTHE REVENUE DEPARTMENT, M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE - 560 001 3. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K.G.ROAD BANGALORE - 560 009 4. THE SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K.G. ROAD BANGALORE - 560 009 5. THE TAHSILDAR BANGALORE NORTH TALUK K.G.ROAD BANGALORE - 560 009 ...APPELLANTS (BY SRI. BHOJEGOWDA T. KOLLER, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:41123 RFA No. 44 of 2008 C/W RFA No. 55 of 2008 AND: 1. RAJATHA ENTERPRISES NO.495 AVENUE ROAD BANGALORE A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER SRI K.V.SHIVAKUMAR NO.3 CHURCH ROAD BASAVANAGUDI BANGALORE - 560 004 2. VIJAYA BANK CHIKPET BRANCH CHIKPET BANGALORE - 560 053 BY ITS PRINCIPAL OFFICER SENIOR BANK MANAGER S. DAYANANDA ALVA S/O. S. KOTIANN ALVA AGED ABOUT 57 YEARS ...RESPONDENTS (BY SRI. C. SADASHIVA, ADVOCATE FOR SRI. G.S. BHAT, ADVOCATE FOR C/R1 SRI. K.N.MAHABALESHWARA RAO, ADVOCATE FOR R2) THIS RFA IS FILED UNDER SECTION 96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 03.12.2007 PASSED IN O.S.NO.1842/2007 ON THE FILE OF THE XXVII ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR DECLARATION AND INJUNCTION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 5 - HC-KAR NC: 2025:KHC:41123 RFA No. 44 of 2008 C/W RFA No. 55 of 2008 ORAL JUDGMENT 1. Heard I.A.No.1/2008 is filed by the non party to the appeal challenging the judgment and decree passed in O.S. No.1842/2007. 2. Operative portion of the Judgment of the Trial Court reads as under: "Suit of the plaintiff is hereby decreed as under: Order No.RD/646/LGB/2004 dated 16.06.2006, is hereby declared as null and void and illegal. The defendants are hereby directed to continue the lease period in respect of the suit schedule property, in favour of the plaintiff till November, 2008. The defendants are hereby permanently restrained from dealing with the suit schedule property with anybody, till the end of November, 2008. In the facts and circumstances of the case, there is no order as to costs. 3. Appellant claiming to be Association of tenants in Rajatha Complex, wants the decree to be set-aside as they have got independent rights than that of the first - 6 - HC-KAR NC: 2025:KHC:41123 RFA No. 44 of 2008 C/W RFA No. 55 of 2008 respondent/plaintiff which is termed as Rajata Enterprises. 4. The dispute arose inasmuch as Defendants No.1 to 5, namely the first defendant State of Karnataka represented by Chief Secretary, second defendant - Secretary of Revenue Department, third defendant - Deputy Commissioner, Bangalore Urban District, fourth defendant - The special Deputy Commissioner, Bangalore Urban District and fifth defendant - Tahsildar, Bangalore North Taluk, the first defendant had passed an Order vide Order No.RD/646/LGB/2004 on 16.06.2006, whereby the lease granted to the Rajatha Enterprises/plaintiff was terminated and further lease period was not renewed. 5. Suit on contest came to be decreed as referred to supra. - 7 - HC-KAR NC: 2025:KHC:41123 RFA No. 44 of 2008 C/W RFA No. 55 of 2008 6. Admittedly, the lease period that was ordered to be extended till upto end of November 2008 has expired long back. 7. As such, nothing survives in these two appeals to be adjudicated as the effect of the decree has come to an end by end of November 2008. 8. Accordingly, the appeals are rendered infructuous and dismissed. Consequently pending I.A.s are consigned to records. Sd/- (V SRISHANANDA) JUDGE SNC CT-SG List No.: 1 Sl No.: 21