Maruthi Engineering Works vs. R Puttarange Gowda
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Order Issued After Hearing
Purpose:
Orders
Before:
Hon'ble H.Billappa
Listed On:
28 Feb 2008
Order Text
IN THE HIGH COURT OF KARNATAKA, BANGALORE
1
DATED THIS THE 24th DAY OF JANUARY 2008
BEFORE
THE HON'BLE MR.JUSTICE H.BILLAPPA
REGULAR FIRST APPEAL NO.1552/2003(DEC)
Between:
- M/s. Maruthi Engineering Works, No.112, 2<sup>nd</sup> Main Road, Industrial Town, Rajajinagar, Bangalore-560 010.
Represented by its Administrative Partner, Shri, H.Balachandra.
- Smt.Nagalakshmamma, W/o. G.R.Hanumanthe Gowda, Since deceased and represented By her L.Rs.
a) Shri. H.Srinivas, S/o. late Hanumanthe Gowda, Aged about 40 years.
b). Shri.H.Suvarna Maruthi, s/o. late Hanumanthe Gowda, Aged 34 years.
c). Kumari Veena, d/o. late Hanumanthe Gowda, Aged about 30 years, Mentally retarded and Represented by her guardian, Shri.H.Balachandra.
y____
d). Smt. Rajeshwari, w/o. Shri.Ravi, Aged about 28 years.
Nos.2(a) to (d) are Residing at No.12, 2<sup>nd</sup> Main, Vasanthanagar East, Bangalore-52.
e). Smt.Gayathri, w/o. late Ale Gangaiah, Aged about 50 years, No.36, 1<sup>st</sup> 'C' Main, (B.Krishnappa Layout), R,P.C. Layout, Vijayanagar II Stage, Bangalore-40.
- Shri.H.Balachandra, S/o. late Shri.G.R.Hanumanthe Gowda, Aged about 44 years, No.12, 2<sup>nd</sup> Main Road, Vasanthanagar East, Bangalore-560 052.
.. APPELLANTS
(By Smt. M.P.Geethadevi for appellants).
And:
-
Shri.R.Puttarange gowda, S/o. Rangaiah, Aged about 55 years, R/at. No.599, 3<sup>rd</sup> Cross, Hanumanthanagar, Bangalore.
-
Smt.Pushpalatha, D/o. late Hanumanthe Gowda, Aged about 26 years, No.36, 1<sup>st</sup> 'C' Main, (B.Krishnappa Layout), R.P.C. Layout, Vijayanagar II stage, Bangalore-40,
.. RESPONDENTS
(By Sri.Sundaresha for respondents).
This Regular First Appeal is filed under Sec.96 CPC against the Judgment and decree dated 27-9-2003 passed in O.S.No.289/83 on the file of the VII AddI.City Civil Judge, Bangalore (CCH.No.19), decreeing the suit for declaration, direction and permanent injunction.
This Appeal coming on for Hearing this day, the Court made the following:
JUDGMENT
The learned counsel for the appellants submits that alternative site has been allotted to the respondent No.1/plaintiff. She has also produced copy of the order dated 3-7-2006 passed in CCC (Civil) No.12/1996. In view of this, CRecredthe claim of the plaintiff stands forfeited in terms of the decree dt: 28.2.08. passed in O.S.No.289/1983. P.S.to Hon'ble HgJ.
- Accordingly, the appeal is disposed of.
Sd/-Tudge
NT/-.
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