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2017 DIGILAW 406 (KAR)

Rna Enterprises v. Padma Bai W/o Late Raghunath Rao Maney

2017-02-08

S.SUJATHA

body2017
ORDER : This petition arises out of the interim order passed on IAI filed under Order 1 Rule 10(2) read with Section 151 CPC, by the Court of Small Causes, Bangalore (SCCH11) in S.C. No.1496/2013. 2. The petitioner is claiming to be a registered partnership firm having its office in the property No.248, 249 and 250 at Bellibasavanna Temple, Old Tharagupet, Bangalore. The suit property is contended to be belonging to the impleading applicant, which is a registered firm. The impleading applicant is one Sri. Narayana Rao R. Maanay stated to be one of the partners in M/s RNA Enterprises. The respondents No.1 to 5 have filed eviction petition against the 6th respondent herein, in respect of one of the tenements of commercial complex viz., SLN complex said to be situated on property bearing municipal numbers 248, 249 and 250 of Old Tharagupet, Bangalore. In similar batch of matters considered by this Court in CRP 107/2015 and connected matters DD 24.6.2016 (M/s. RNA Enterprises Vs. Smt. Padma Bai and others), wherein the similar relief of eviction in respect of several tenements of commercial complex viz., SLN complex was considered, this court observed that the dispute regarding title relating to the property in question is pending in O.S.4792/2014, hence, it would be appropriate to relegate the parties to the Court below, in O.S.4792/2014 to establish their right, title and ownership to property in municipal Nos.248, 249 and 250 on which SLN complex is constructed. In the said O.S.4792/2014, the parties are directed to seek their rights, if any, of the said property and keep their share demarcated and seek declaration in respect of such sale to exercise their rights of ownership to the extent of the suit property. In the meanwhile, eviction orders which were already passed in several proceedings were stayed and the tenants were directed to continue in the premises by depositing the rent in the proceedings before the court below. The tenants who are parties to the proceedings are directed to deposit the rents as stated in O.S.4792/2014. In the meanwhile, eviction orders which were already passed in several proceedings were stayed and the tenants were directed to continue in the premises by depositing the rent in the proceedings before the court below. The tenants who are parties to the proceedings are directed to deposit the rents as stated in O.S.4792/2014. It was further ordered that in the said proceedings, the parties are at liberty to seek release of the amounts in deposit, by way of rent only for the purpose of paying municipal tax and attend to repair of building and its maintenance from time to time and the same shall be released by court below on proper presentation of documents by the parties in that behalf. After the dispute between the parties is resolved, the matter after decided by rendering Judgment in the said suit, the parties to the suit are entitled for distribution of the rent in deposit among successful parties in the suit. 3. Learned counsel appearing for the petitioner placing reliance on the said Judgment in CRP No.107/2015 and connected petitions would contend that present revision petition requires to be disposed of in terms of the said Judgment. 4. On examination of the material on record, it is appropriate to dispose of this revision petition in terms of the Judgment in CRP No.107/2015 and connected matters, cited supra. Petitioner is relegated to O.S.4792/2014 pending before the civil court to establish his right, title and ownership to property in respect of municipal Nos.248, 249 and 250 of Old Tharagupet, Bangalore. 5. The observations made in the said batch of petitions shall apply to the present case. Petition stands disposed of in terms of the Judgment cited above.