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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 08*" DAY OF DECEMBER 2010
BEFORE ' e
THE HON'BLE MR. JUSTICE ANAND
REGULAR SECOND APPEAfi;'ND;. 14:23 M' x
I. Smt. Gopamma
W/0 Late Police Lingaiah,
Since deceased by her L.R.-,-------- ,
Second Appellant' ' .. a T.
Smt. Pramila. ' V
2. S'VTnt.TVP1'a1§:.é1a .
W/o 'Sri, N'a:»;?»~ra3,eeD D D'
Ageg157yea_mL,~-..'~.
3. 'Sri, N21 ga-mj: "
" years; ..... .. V
__.A'p;t_3e'il2iI1t_:s N02 '<3; 3 are residing
At 1'3.§30r"?*4'D_»;.33~'19', Rama Mandira Road,
'I'iAl'z-I.,4I_i=>il~'
This appeal is filed under se(i§'tion1'_"l{}i() of'
Procedure, 1908 against the jud_gment--and decrees °G6.lii?:..20lUg
passed in R.A.No.265/2006 (Old._No,209/l999)_Von_tl'2e""file"of the"
IV Additional District Judge, Mysore', dismiss.in'g'the 'appeal and
confirming the judgment and de;:ree"date-d O7.09.'l--.999i passed in
O.S.No.l972/1.989 on the..fille off' the ,lV.__A_d'ditional I Civil Judge
(}r.D1'1), Mysore. i V C' 2
This admission this day, the Court
delivered the\fol'iowiing: » i
» vlfil"'€?1f(l.tVl1iCy.l't3£.}iIl''l}€'Cl counsel for the appellant.
2; T'he.ia'ppell.ant was the defendant before the trial
the" 'appellant before the lower appellate Court. The
at A. A present second appeal is filed against concurrent findings.
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affirmed the fiiidings of the trial Court. It is this, which is sought
to be questioned in the present second appeal.
4. The appeal memorandum is filed f1'ai'ni.n--gi"*.,the
following substantial questions of 1aw:--
(i)Is the appellate Court:'n'o't"in. eri1jo1'_;inAi'not
noticing the fact that the i"pres.ein'tii rnayiagilng
trustee who had institljtetithe salt
standi to file the suit antl=that.Vvthe smclitrustee
has not been iaippointied competent
body/committee as mianagiinig
A i (_ ii)A.re't.he VCo_LiirtsiiL1elow were not in error in
not ~!.1_oti.cing_ the that the appointment of the
V present mapnaging trustee was not in accordance
ta/ithi'the terms of the Trust Deed.
the appellate Court not in error in
~~Via;ffiI'ming the findings of the court below,
inasmuch the suit of the respondent itself was
not maintainable in Vl€W of the fact that the
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same was instituted by a person who had no
iocus standi to present and prosecute the suit.
(iv)Inasmueh as the appointment of
alleged managing trustee is directed oppos§e’d’tog ._ _.__ ii
the terms and wishes of the author of .the’trus:t:,”~ in
are the Courts below ar:’:iiiino’t’«in,error”i.inV
upholding the resoplutionkppp
appointment of Venkatappa as*-
Trustee.
(v)Without iand”~.._deterr_Iiining the
issue whether theV_a’ll.egedi Trustee is
6n.tit1ié’id-“.t0.;lF!Stitute.,._tl:ejsuit, the Courts below
iihavepp pass the impugned
_ V jud;gm_e1it,’.which”‘i’s contrary to law and liable
; lo be setii’a’si-d.e.«’
7’_~_…(vifinasmuch as there is no relation of
t.__”1’an..dlord and tenant, lessor and lessee, are the
i-tilourts below are not in error in awarding
damages in respect of the suit schedule
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property.
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(vii)§n the absence of any congent and
clinching evidence with regard to rents paid in
respect of the neighboring properties, are thefitg
Courts below are not in error in
Rs.65()O as damages for using the suit sche’dule::
property from 0l.0l.l9u87 t.o..()l._._O.?,.ll’938″.”–:’_’:p.
(viii) Are the Courts belie-ow lnot”irr’err0_1′ ”
in holding that the suit’i’s_maintvainablei’idespvétem
the fact that the alleged being stranger
to the family ofigthe auithori ef._the”–trust and ta/as
not competent to i~nstiti’ute5’the.._:suii;.Vfigainst the
appell.arrts.’:- _
“(ix)ln.asaTiuc.h”-gasthe present Managing
Trustee of itherespondent is not at all related to
Velnkatarnanaiah founder trustee nor
appointed as per the terms of trust deed, and
it ° ‘ the appellants are related to
..__’Verikatarainainaiah, are the Courts below were
a riot in error in holding that the possession of
the appellants is unauthorised and illegal.
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5. In the facts and ci.rc:umst.ances, the above questions,
sought to be framed as substantial questions of law, d0*’_fi0f”‘afi3¢
for consideration.
6. Accordingly, ihe appeal ifizfejéifitefl. V ‘ ‘ V
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