Case Note & Summary
The Regular First Appeals RFA No.37/2003 and RFA No.84/2003 were filed under Section 96 of the Code of Civil Procedure, 1908, challenging the common judgment dated 31.7.2002 passed by the XXXI Additional City Civil Judge, Bangalore. The trial court had tried and disposed of two suits together: OS No.284/1980 and OS No.601/1980. OS No.284/1980 was originally filed by D. Subramanya Sastry against K.N. Seshadri Iyengar and K. Keshavachar, seeking a declaration of ownership over five immovable properties, permanent injunction against interference with two of those properties, partition of a one-third share in a sixth property, rendition of accounts, and delivery of share. The scheduled properties included premises in Mysore and vacant sites in Bangalore. OS No.601/1980 was filed by K.N. Seshadri Iyengar and K. Keshavachar against D. Subramanya Sastry for dissolution of a partnership. The trial court decreed OS No.284/1980 and partly decreed OS No.601/1980. During the pendency of the litigation, several original parties died and were substituted by their legal representatives. In the High Court, the appeals were heard together. The appellants were the legal representatives of K.N. Seshadri Iyengar, and the respondents included the legal representatives of D. Subramanya Sastry and others. The High Court's judgment was delivered on 10.11.2021, but the full text of the court's analysis, reasoning, and final decision is not provided in the excerpt available.
Issue of Consideration
Case Details
2021 LawText (KAR) (11) 21
R.F.A.No.37/2003 c/w R.F.A.No.84/2003
Jayavittala Rao Kolar, C. Vinay Swamy, T.S. Mahabaleshwara, H.R. Ananthakrishna Murthy, G.S. Natarajan
K.N. Seshadri Iyengar (since dead) by his legal representatives
D. Subramanya Sastry (since dead) by his legal representatives and others
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Nature of Litigation
Civil suits - O.S.No.284/1980 for declaration, permanent injunction, partition and accounts, and O.S.No.601/1980 for dissolution of partnership.
Remedy Sought
In O.S.284/1980, plaintiff sought declaration of ownership, permanent injunction, partition, and rendition of accounts. In O.S.601/1980, plaintiff sought dissolution of partnership. The appeals sought to set aside the common judgment.
Filing Reason
Disputes over ownership, possession, and management of properties and partnership.
Previous Decisions
XXXI Addl. City Civil Judge, Bangalore, by common judgment dated 31.7.2002, decreed O.S.284/1980 and partly decreed O.S.601/1980.
Judgment Excerpts
These are the two appeals directed against Judgment and decree passed in O.S.No.284/1980 and O.S.No.601/1980 dated 31.7.2002 by the learned XXXI Additional City Civil Judge, Bengaluru.
In both the cases learned Trial Judge disposed of the matter through a common Judgment dated 31.7.2002.
Procedural History
O.S.No.284/1980 (old No.13/1972) was filed on 10.01.1972 by D.Subramanya Sastry against K.N.Seshadri Iyengar and K. Keshavachar for declaration, injunction, partition and accounts. O.S.No.601/1980 (earlier No.29/73 and 309/1974) was filed on 17.02.1973 by K.N.Seshadri Iyengar and K. Keshavachar against D.Subramanya Sastry for dissolution of partnership. Both suits were tried together and the XXXI Addl. City Civil Judge, Bangalore, passed a common judgment on 31.7.2002, decreeing O.S.284/1980 and partly decreeing O.S.601/1980. Aggrieved, the legal representatives of K.N.Seshadri Iyengar filed RFA No.37/2003 and RFA No.84/2003 under Section 96 CPC. The High Court of Karnataka heard both appeals together and delivered judgment on 10.11.2021.
Acts & Sections
- Code of Civil Procedure, 1908: Section 96
