LAWS(KAR)-2014-6-152

PRAVEEN GUPTA Vs. C.L. SESHADRI

Decided On June 09, 2014
PRAVEEN GUPTA Appellant
V/S
PRAVEEN GUPTA Respondents

JUDGEMENT

(1.) RFA 900 of 2005 is filed by the appellant, who was the first defendant in OS No. 4964 of 1999, on the file of I Additional City Civil & Sessions Judge, Bangalore. Respondents 1 to 4 in this appeal were the plaintiffs and respondents 5 to 9 were the other defendants in the suit.

(2.) The appellant herein is challenging the legality and correctness of the judgment and decree dated 16-7-2005 passed in OS No. 4964 of 1999, wherein the court below has passed a decree directing the appellant herein to vacate and hand over possession of the suit schedule property within 60 days from the date of judgment and further decreed and ordered that there shall be an enquiry as contemplated under Order XX Rule 12 CPC. The trial court further decreed the suit of the plaintiffs, directing the defendants to pay Rs. 60,000/- with interest at the rate of 12% p.a. and further directed that the defendants shall pay a sum of Rs. 1,00,000/- per month from January 1999 to May 1999 and Rs. 3,00,000/- per month from June 1999 till the date of delivery of possession of the suit schedule property as tentative damages.

(3.) The suit schedule property is an immovable property situated in the centre of Bangalore city located very near to city railway station and Kempegowda bus station, adjoining to the circle known as KG Circle, bearing No. 325, 5th Main, Gandhinagar, Bangalore-9, which is popularly known as Gupta market.