Karnataka High Court
A N Niranjanaraja Urs vs H L Javarappa on 25 November, 2021
Bench: S Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2017
BEFORE
THE HON' BLE MR. JUSTICE S.N.SATYANARAYANA
REGULAR SECOND APPEAL NO. 1331 OF 2009 C/W
BETWEEN
A N NIRANJANARAJA URS
S/O LATE A P NANJARAJE URS,
AGED ABOUT 75 YEARS,
NO.1, 10TH MAIN,
SARASWATHIPURAM,
MYSURU - 570 009
... APPELLANT
(By Sri. : C R SUBRAMANYA, ADVOCATE)
AND
1. H.L.JAVARAPPA,
S/O LAKKEGOWDA,
AGED ABOUT 85 YEARS,
R/O HEBBANAKUPPA VILLAGE,
HANAGODU HOBLI, HUNSUR TALUK,
MYSURU DISTRICT - 571 105
...2
2 RSA 1331/2009 C/W
2. KALACHARI
S/O PUTTASOMACHARI,
AGED ABOUT 70 YEARS,
R/O HEBBANAKUPPA VILLAGE,
HANAGODU HOBLI, HUNSUR TALUK,
MYSURU DISTRICT - 571 105
3. PUTTACHARI
S/O PUTTASOMACHARI,
AGED ABOUT 68 YEARS,
R/O HEBBANAKUPPA VILLAGE,
HANAGODU HOBLI, HUNSUR TALUK,
MYSURU DISTRICT - 571 105
4. SMT.SUNDARA NANJAMMANNI
W/O LATE A N PUTTANANJARAJE URS,
AGED ABOUT 80 YEARS,
R/AT NO.176, I STAGE, 5TH MAIN,
4TH CROSS, SIDDARTHA LAYOUT,
MYSURU 570 009
5. A P MAHADEVARAJE URS
S/O LATE A N PUTTANANJARAJE URS,
SINCE DECEASED BY LRS,
(a) SMT NAGAHCHINNAMMANNI,
AGED ABOUT 55 YEARS,
...3
3 RSA 1331/2009 C/W
(b) SHARADA
AGED ABOUT 25 YEARS,
(c) VIKRAM RAJE URS
AGED ABOUT 23 YEARS,
(a) IS WIFE, (b) & (c) ARE DAUGHTER
AND SON OF LATE A P MAHADEVARAJE URS,
R/AT NO.81, SARASWATHINAGAR,
VIJAYANAGAR EXTENSION,
BENGALURU 560 040
6. A P PUTTANANJARAJE URS
S/O LATE A N PUTTANANJARAJE URS,
AGED ABOUT 45 YEARS,
R/AT NO.8510, MOHANA TREE E.VELCONTON,
MICHIGAN 48187 USA
7. A P VIJAYASHANKARARAJE URS
S/O LATE A N PUTTANANJARAJE URS,
AGED ABOUT 43 YEARS,
R/AT ASHOK GRIHA NIRMAN,
NO. E 7/91, AREA COLONY,
BHOPAL 464 014,
MADHYA PRADESH
...4
4 RSA 1331/2009 C/W
8. A P MALLIKARJUNARAJE URS
S/O LATE A N PUTTANANJARAJE URS,
AGED ABOUT 41 YEARS,
R/AT 1156, MANASA,
II CROSS, T K LAYOUT,
MYSURU 570 001
9. SMT BHARATHI DEVI
D/O LATE A N PUTTANANJARAJE URS,
AGED ABOUT 39 YEARS,
R/AT NO.956, DIWANS ROAD,
LAKSHMIPURAM,
MYSURU 570 004
10. SMT ANNAPURNA
D/O LATE A N PUTTANANJARAJE URS,
AGED ABOUT 37 YEARS,
R/AT NO. 747, 9TH CROSS,
5TH MAIN, M C LAYOUT,
VIJAYANAGAR EXTENSION,
BENGALURU - 560 040
11. RANI D BAHADUR
D/O LATE A N PUTTANANJARAJE URS,
AGED ABOUT 35 YEARS,
NO.3222, MEDDLE BELT ROAD,
...5
5 RSA 1331/2009 C/W
WEST BLOOM FIELD,
MICHIGAN 48323 USA
12. M S NAGARATHNA
D/O LATE A N SIDDARAJE URS,
AGED ABOUT 43 YEARS,
AMCHAVADI VILLAGE,
CHAMARAJANGARA TALUK 571 127
13. M S PRABHA
D/O A N SIDDARAJE URS,
AGED ABOUT 41 YEARS,
R/AT S.L.I.G. 234, 20TH BLOCK,
III BLOCK, V PHASE,
YELAHANKA UPANAGAR, NEW TOWN,
BENGALURU 560 106
14. SMT SUBBANANJAMMANNI
W/O LATE A N MALLARAJE URS,
AGED ABOUT 65 YEARS,
R/AT NO.108, 4TH MAIN,
11TH CROSS, VIDYARANYAPURAM,
MYSURU 570 008
15. A M UDAYASHANKARARAJE URS
S/O LATE A N MALLARAJE URS,
AGED ABOUT 43 YEARS,
R/AT NO.108, 4TH MAIN, 11TH CROSS,
...6
6 RSA 1331/2009 C/W
VIDYARANYAPURAM,
MYSURU - 570 008
16. A N MAHADEVARAJE URS
S/O LATE A N MALLARAJE URS,
AGED ABOUT 41 YEARS,
R/AT NO.108, 4TH MAIN,
11TH CROSS, VIDYARANAYAPURA,
MYSURU 570 008
17. A N NANJARAJE URS
S/O LATE A N MALLARAJE URS,
AGED ABOUT 39 YEARS,
R/AT NO.108, 4TH MAIN,
11TH CROSS, VIDYARANAYAPURA,
MYSURU 570 008
18. A M KRISHNA URS
S/O LATE A N MALLARAJE URS,
AGED ABOUT 37 YEARS,
R/AT NO.108, 4TH MAIN,
11TH CROSS, VIDYARANAYAPURA,
MYSURU 570 008
19. SMT RAJALKSHMI @ RAJESHWARI
D/O LATE A N MALLARAJE URS,
AGED ABOUT 35 YEARS,
...7
7 RSA 1331/2009 C/W
R/AT NO.46, 5TH CROSS,
RAILWAY COLONY,
VIJAYANAGARA EXTENSION,
MYSURU 570 001
20. SMT NIRMALA
D/O LATE A N MALLARAJE URS,
AGED ABOUT 33 YEARS,
R/AT BENDARAWADI VILLAGE,
KIRAGAVAL HOBLI
MALAVALLI TALUK,
MANDYA DSITRICT - 571 430.
21. SMT SARVAMANGALA
D/O LATE A N MALLARAJE URS,
AGED ABOUT 31 YEARS,
R/AT BENDARAWADI VILLAGE,
KIRAGAVAL HOBLI,
MALAVALLI TALUK,
MANDYA DSITRICT 571 430.
22. SMT GAYATHRI
D/O LATE A N MALLARAJE URS,
AGED ABOUT 29 YEARS,
R/AT NO.108, 4TH MAIN,
11TH CROSS, VIDYARANYAPURAM,
MYSURU 570 008
...8
8 RSA 1331/2009 C/W
23. SMT NAGARATHNAMMANNI
SINCE DEAD BY LR
A K SATHISHRAJA URS,
R/AT NO.943/A 30TH CROSS,
INDUSTRIAL SUB URB,
MYSURU 570 008
24. M S LAKSHMIKANTHARAJE URS
AND HIS WIFE SMT JYOTHI,
SINCE DEAD BY LRS.
(a) M L MAHESHRAJE URS,
AGED ABOUT 50 YEARS,
NO.1347, 5TH CROSS,
KRISHNAMURTHYPURAM,
MYSURU 570 001
(b) SMT M S RADHA, II WIFE,
AGED ABOUT 35 YERS,
(c) M L SMITHA
D/O M S RADHA,
AGED ABOUT 23 YEARS,
BOTH ARE R/AT EWS 48,
GANGOTRI HUDCO,
MYSURU 570 009
... RESPONDENTS
(By Sri. : B S NAGARAJA ASSOCIATES, ADVOCATE FOR R1(a,b,c)
(Vide dt: 24.11.2016 dismissed as against 1(d) & R1(e)
...9
9 RSA 1331/2009 C/W
REGULAR SECOND APPEAL FILED U/S-100 OF CPC,
AGAINST THE JUDGMENT & DECREE DTD: 16.06.2009
PASSED IN R.A.NO.70/1999 ON THE FILE THE CIVIL JUDGE,
(SR. DN.), HUNSUR, DISMISSING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DTD: 18.09.1999
PASSED IN O.S.NO.261/1990 ON THE FILE OF THE CIVIL
JUDGE (JR. DN), HUNSUR.
This Regular Second Appeal is coming on for further orders, this
day the Court made the following Order.
ORDER
In this appeal respondent No.1 is said tohave been died. Hence,
I.A.No.1/2013 is filed for condonation of delay of 109 days in filing
I.A.NO.3/2013, I.A.No.2/2013 is filed p raying to set aside the
abatement and I.A.No.3/2013 is filed seeking permission to bring the
LR's of deceased respondent No.1 on record as respondent Nos.R1(a)
to (c).
...10
10 RSA 1331/2009 C/W
In this proceedings notice to LR's of deceased respondent No.1 is
duly served and they have come on record as proposed respondent
Nos.1(a) to (c) through their counsel.
Heard the learned counsel for the respondents on
I.A.Nos.1/2013, 2/2013 and 3/2013 and perused the affidavits.
Learned counsel for the respondents has serious objection for
condonation of delay of 109 days in filing I.A.No.3/2013 which is filed
along with I.A.Nos.1/2013 and 2/2013.
Since the suit is filed seeking relief of declaration of title and
possession by the plaintiff before the Courts below who is appellant
herein, this court feels that the appeal against LR's of deceased
respondent No.1 is not been dealt for them to come on record. Hence,
objections which are raised by the contesting respondents to bring the
LR's of deceased respondent No.1 is hereby not considered and delay of
109 days in filing I.A.No.3/2013 is condoned, abatement is set aside and
the appellant is permitted to bring the LR's of deceased respondent No.1
on record as respondent Nos.1(a) to (c).
...11
11 RSA 1331/2009 C/W
Accordingly, I.A.Nos.1/2013, 2/2013 and 3/2013 are allowed.
Finally, two weeks time is granted to the appellant to take steps
for issue of notice to respondent Nos.2 to 24 and to serve a copy of the
appeal memo on the counsel appearing for respondent Nos.1(a) to (c).
If that is not done, the appeal shall stand abated without reference
to the Court.
Sd/-
JUDGE
COPY
Sd/-
ASSISTANT REGISTRAR
T By: VS
R By : PH
C By: PKSG
Ty Date: 30.01.2018
C Date: 1.2.2018
