C. MANGAI Vs. SHIVA SUBRAMANIAN AND ORS.

JUDGEMENT

(1.) HEARD learned advocates appearing for the parties namely Sriyuths S.S. Naganand, learned senior counsel for appellant/applicant/plaintiff and Anant Mandgi, learned Senior counsel appearing on behalf of Respondent No. 6/defendant No. 6.

(2.) BY this application plaintiff -appellant is seeking for a direction to defendant No. 6/respondent No. 6 to deposit all receivables/rents derived out of Sona Towers, No. 71, Millers Road, Bangalore belonging to M/s. Sudaram Trust, with the registry of this court.

(3.) PER contra Sri. Anant Mandgi, learned Senior counsel appearing on behalf of defendant No. 6 would contend that application in question itself is not maintainable since this court after passing of the order on 28.11.2014 and disposing of the appeal had become functus officio and as such it cannot exercise any power to rectify or modify the order passed except under section 152 or under review jurisdiction. As such he contends present application is not maintainable and it is liable to be dismissed at the threshold. He would also submit that property in dispute was transferred to the trust under a partition deed/family settlement where under certain obligations had been cast on the parties and same has not been adhered to and what has been indicated in the said family partition/family settlement including the supplemental deed of trust is complied by the executor of the trust and as such there is no merit in the contentions raised by plaintiff. In support of his submission he has relied upon the following Judgments: