Sri Biddanda G Naveen Nanaiah vs Sri Biddanda D Nanaiah
2021 Latest Caselaw 410 Kant

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  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 7TH DAY OF JANUARY, 2021

                           BEFORE

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

       WRIT PETITION NO.1718 OF 2016 (GM-CPC)

BETWEEN:

SRI BIDDANDA G NAVEEN NANAIAH
S/O LATE B D GANAPATHY
AGED ABOUT 41 YEARS
R/A PALANGALA VILLAGE AND POST
VIRAJPET TALUK, SOUTH KODAGU
KODAGU DISTRICT-571218
SINCE DECEASED BY LRS

1.A)   SUJATHA B. NANAIAH
       W/O LATE SRI BIDDANDA G NAVEEN NANAIAH
       AGED AOBUT 54 YEARS.

1.B)   AKASH.B.NANAIAH
       S/O LATE SRI. BIDDANDA G NAVEEN NANAIAH
       AGED ABOUT 31 YEARS.

     BOTH 1A & 1B R/AT PALANGALA VILLAGE AND POST
     VIRAJPET TALUK, SOUTH KODAGU
     KODAGU DISTRICT-571218
(AMEDNDED AS PER THE COURT ORDER DATED: 23.07.2019)

                                          ...PETITIONERS
(BY SRI. PRADEEP., ADV.)

AND:

1.     SRI BIDDANDA D NANAIAH
       S/O LATE B P DEVAIAH
       AGED ABOUT 69 YEARS

2.     SRI BIDDANDA D GANAPATHY
       S/O LATE B P DEVAIAH
       AGED ABOUT 81 YEARS.
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3.    SRI BIDDANDA G PRAVEEN PONNAPPA
      S/O LATE B D GANAPATHY
      AGED ABOUT 39 YEARS

4.    SRI BIDDANDA D KUTTAPPA
      S/O LATE B D DEVAIAH
      AGED ABOUT 80 YEARS
      RESPONDENT NOS. 1, 2, 3 & 4 ARE
      R/A PALANGALA VILLAGE AND POST
      VIRAJPET TALUK,SOUTH KODAGU
      KODAGU DISTRICT-571218

5.    SRI BIDDANDA D KALAPPA
      SINCE DECEASED BY LRS.

5A)   SMT. B.K. SHARADA
      W/O LATE SRI. BIDDANDA D KALAPPA
      AGE UNKNOWN
      R/A PALANGALA VILLAGE AND POST
      VIRAJPET TALUK, SOUTH KODAGU
      KODAGU DISTRICT-571218.

5B)   SRI.B.K.MEDAPPA
      S/O LATE SRI. BIDDANDA D KALAPPA
      AGE UNKNOWN
      R/A PALANGALA VILLAGE AND POST
      VIRAJPET TALUK, SOUTH KODAGU
      KODAGU DISTRICT-571218.

5C)   SMT. VINITHA MANDAPPA (A.K.A.B.K.DECHAMMA)
      D/O LATE SRI.BIDDANDA D KALAPPA
      W/O ROBIN MANDAPPA
      AGE UNKNOWN
      CHAMBEBELLUR VILLAGE, P.O.BOX 30
      VIRAJPET TALUK, KODAGU - 571 218.

6.    COL.BIDDANDA M CHENGAPPA(RETD.,)
      S/O LATE MANDAPPA
      AGED ABOUT 86 YEARS
      R/A KAIVALYA APPAIAHSWAMY ROAD
      VIRAJPET TOWN AND TALUK
      KODAGU DISTRICT-571218

                                            ...RESPONDENTS
(BY SRI. S.V. SHASTRI, ADV. FOR R-1
    SRI. M.C. RAVIKUMAR, ADV. FOR R-2, R-3 AND R-4
    SRI. K.B. MONESHKUMAR, ADV. FOR R-5(ATO C)
    SRI. C.M. POONACHA, ADV. FOR R-6)
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      THIS W.P. IS      FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS FROM THE COURT BELOW AND BE PLEASED TO
QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED
SENIOR CIVIL JUDGE AND JMFC., VIRAJPETE IN FDP NO.
18/2004 DTD: 14.08.2014 VIDE ANNEXURE-E AND ETC.

     THIS W.P. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-


                          ORDER

Heard learned counsel for the petitioner and learned

counsel for the respondents and perused the material on

record.

2. After hearing learned counsel for the parties, I

am of the view that having regard to the fact that the

impugned order of acceptance of the Commissioner's

report filed in FDP 18/2004 has culminated in the final order

dated 14.08.2014 directing drawing up of final decree, the

present petition is hereby disposed of reserving liberty in

favour of any of the aggrieved parties to prefer an appeal

against the impugned judgment and decree (final decree)

passed in FDP No.18/2004 dated 14.08.2014. If such an

appeal is preferred within a period of two months from the

date of receipt of copy of this order, the aggrieved

party/appellant in such an appeal would be entitled to the

benefit of Section 14 of the Limitation Act, 1963.

Subject to the aforesaid directions, petition stands

disposed of.

Sd/-

JUDGE

Mds.