Karnataka High Court
Sri K.R.Nagaraj vs Sri K.R. Ramesh Babu on 17 January, 2022
Bench: G.Narendar, Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2022
PRESENT:
THE HON'BLE MR.JUSTICE G.NARENDAR
AND
THE HON'BLE MR.JUSTICE SHIVASHANKAR AMARANNAVAR
REGULAR FIRST APPEAL No.672 OF 2009 (PAR)
BETWEEN:
1. SRI K.R.NAGARAJ
S/O LATE SRI K RANGAPPA
SINCE DEAD BY HIS LRS
1(a) SMT.K.N.SAHANA,
W/O K.G.MURALI,
AGED ABOUT 37 YEARS,
NO.1266, 7TH CROSS,
27TH MAIN, J.P.NAGAR, 1ST PHASE,
BENGALURU - 560 078.
1(b) SMT.K.N.KAVANA,
W/O SRI RAVI,
AGED ABOUT 32 YEARS,
HOUSE NO.381, 1ST FLOOR,
'A' BLOCK, KENDRIYA VIHAR,
YELAHANKA,
BENGALURU - 560 068.
1(c) K.N.CHANDANA,
D/O K.R.NAGARAJ,
AGED ABOUT 25 YEARS,
NO.13/85, R.V.ROAD,
BASAVANAGUDI,
BENGALURU - 560 004.
2
SMT.K.R.SATHYABHAMA
W/O G.K.RAO
D/O K.RANGAPPA,
SINCE DEAD BY HIS LRS
2. SRI G.K.RAO,
HUSBAND OF K.R.SATHYABHAMA
R/AT NO.359, 13TH CROSS,
3RD BLOCK, BEL LAYOUT,
VIDYARANYAPURA
BENGALURU - 560 097.
SINCE DEAD AND REPRESENTED
BY HIS LRS APPELLANTS 3, 4 AND 6.
3. SRI ASHOKANANDA RAO
S/O G.K.RAO
AGED ABOUT 51 YEARS,
R/AT NO.199, 13TH C MAIN ROAD,
GOKULA 1ST STAGE, 1ST PHASE,
MATHIKERE, BENGALURU - 560 054.
4. SRI M.G.RAJASHEKAR
DEAD SINCE HIS LRS
4(a) SMT.GEETHA
W/O LATE M.G.RAJASHEKAR,
AGED ABOUT 64 YEARS,
R/AT NO.359, 13TH CROSS,
3RD BLOCK, BEL LAYOUT,
VIDYARANYAPURA,
BENGALURU - 560 097.
5. SRI M.G.SATHYANARAYANA
S/O G.K.RAO
AGED ABOUT 48 YEARS,
R/AT NO.53, 5TH FLOOR,
NORTH BLOCK,
MAYA INDRAPRASTHA,
J.P.NAGAR, 6TH PHASE,
KANAKAPURA ROAD,
BENGALURU.
3
6. LALITHA RAO M.G.
D/O G.K.RAO
W/O P.SESHAGIRI RAO
AGED ABOUT 40 YEARS,
R/AT CHANNAKESHAVPUR,
PAWAGADA TALUK,
TUMKUR DISTRICT.
SMT.ANANTHALAKSHMI
W/O C.V.RAMACHANDRA
D/O K.RANGAPPA
SINCE DEAD BY LRS
7. SRI C.V.RAMACHANDRA,
S/O C.T.VENKATARAMAIAH,
HUSBAND OF ANANTHALAKSHMI,
AGED ABOUT 72 YEARS.
8. SMT.C.R.VEENA
D/O C.V.RAMACHANDRA
AGED ABOUT 40 YEARS.
9. SRI C R MANJUNATH
S/O C.V.RAMACHANDRA
AGED ABOUT 37 YEARS.
APPELLANTS No.7 TO 9 ARE
R/AT D.NO.134, 5TH MAIN,
2ND BLOCK, 4TH PHASE,
BANASHANKARI 3RD STAGE,
BENGALURU - 560 085.
10. SMT.K.R.SARVAMANGALA
W/O LATE SRIDHAR PILLAI
D/O SRI K.RANGAPPA
AGED ABOUT 65 YEARS,
R/AT NO.68/26,
DODDAIAH LAYOUT,
JOG PALYA, ULSOOR, BENGALURU.
11. SMT.K.R.JAYALAKHSMI
W/O SRI B.K.JAIRAM
D/O SRI K.RANGAPPA
4
AGED ABOUT 62 YEARS,
R/AT NO.13(2) 1ST CROSS
SHANKARAPURAM,
BENGALURU. ...APPELLANTS
(BY SHRI A.MADHUSUDHANA RAO, ADVOCATE FOR
A1(a to c), A2 to A6, A10 & A11;
Smt.P.V.KALPANA, ADVOCATE FOR A7 TO A9)
AND:
SRI K.R. RAMESH BABU
S/O LATE SRI K.RANGAPPA
SINCE DEAD BY LRS.
1. SMT K.C.SEETHALAKHSMI
W/O LATE K.R.RAMESH BABU,
AGED ABOUT 52 YEARS.
2. R.S.AKSHATHA
D/O LATE K.R.RAMESH BABU
AGED ABOUT 24 YEARS.
3. SRINIVAS R KASHYAPA
S/O LATE K.R.RAMESH BABU
AGED ABOUT 20 YEARS.
RESPONDENTS No.1 to 3 ARE
R/AT NO.204, 60 FEET ROAD,
RMV 2ND STAGE, BHOOPASANDRA
NEW EXTENSION,
BENGALURU - 560 094.
4. SMT.K.R.SARASWATHI
W/O ARUNACHALA RAO
D/O LATE SRI K RANGAPPA
AGED ABOUT 60 YEARS.
R/AT NO.1077, 11TH CROSS,
J.P.NAGAR, 1ST PHASE,
BENGALURU - 560 078.
5. SRI K R VISHWANATH
S/O LATE SRI RANGAPPA
5
AGED ABOUT 56 YEARS
R/AT 'PRABHAT PERFUMERY WORKS'
NO.50/1, DVG ROAD,
BASAVANAGUDI,
BENGALURU - 560 004.
6. SRI K R BHIMESH
S/O LATE SRI RANGAPPA
AGED ABOUT 55 YEARS
SRI ANNAPOORNA NURSING HOME
NO.953, KANTHARAJ URS ROAD,
LAKSHMIPURAM, MYSORE.
7. SMT K.S.GIRIJA
W/O LATE K.R.SUBRAMANYA
DAUGHER IN LAW OF
LATE SRI K.RANGAPPAR
AGED ABOUT 55 YEARS.
8. GAYATHRI
D/O LATE K.R.SUBRAMANYA
AGED ABOUT 39 YEARS.
9. SHYAMALA
D/O LATE K.R.SUBRAMANYA
AGED ABOUT 37 YEARS.
RESPONDENTS No.7 TO 9 ARE
R/AT NO.9, NETAJI RAOD,
IV CROSS, NAGASANDRA, (THYAGARAJANAGAR)
BENGALURU - 560 028.
10. SMT.SUNDARAM CHETTIAR
MAJOR,
PROPRIETOR OF CENTRAL TYRES
4, BYE PASS ROAD,
KARUR - 639 001 (TAMILNADU).
11. SMT.H.J.SRIKANTAMMA
W/O H.B.JEEVARATHNA RAJU
AGED ABOUT 64 YEARS.
MAHAVEERA SERVICE STATION,
INDIAN OIL DEALERS (PETROL BUNK)
6
OPP.IDEAL PHOTO HOUSE,
B.M.ROAD, HASSAN - 573 201.
12. M/s.HOTEL SHILPA SHREE PVT.LTD.,
HASSAN,
REPRESENTED BY ITS CHAIRMAN
AND MANAGING DIRECTOR,
SRI H.S.PUTTASWAMY,
MAJOR,
HEMAVATHI AGENCIES,
SANTHEPET, B.M.ROAD,
HASSAN - 573 201.
13. SRI H.S.KRISHNASWAMY,
S/O H.V.SUNDARARAJA SHETTY,
MAJOR.
14. SMT.PADMA K.SHETTY,
W/O SRI H.S.KRISHNASWAMY,
MAJOR.
RESPONDENTS 13 AND 14 ARE
BOTH R/AT M/s.VAYUPUTRA TRADERS,
SRI.RANGA ENTERPRISES,
AZAD ROAD, HASSAN - 573 201.
15. M/s.KRUTHIKA ENTERPRISES,
A PARTNERSHIP FIRM HAVING
ITS OFFICE AT B.M.ROAD CROSS,
C K S SCHOOL ROAD,
HASSAN.
REPRESENTED BY ITS
MANAGING PARTNER
SRI N.LEELA KUMAR
S/O LATE SRI N.BHEEMA RAO,
AGED ABOUT 54 YEARS.
16. SRI C.V.RAMACHANDRA,
S/O C.T.VENKATARAMAIAH,
HUSBAND OF ANANTHALAKSHMI
AGED ABOUT 72 YEARS.
7
17. SRI C.R.MANJUNATH,
S/O C.V.RAMACHANDRA
AGED ABOUT 37 YEARS.
RESPONDENTS No.16 AND 17
ARE R/AT D.NO.134, 5TH MAIN,
2ND BLOCK, 4TH PHASE,
BANASHANKARI 3RD STAGE,
BENGALURU - 560 085. ...RESPONDENTS
(BY SRI K V NARASIMHAN, ADVOCATE FOR R1 TO R3;
SRI B.C.SEETHARAMA RAO, ADVOCATE FOR
R4 TO R9; SRI MOHAN BHAT, ADVOCATE FOR R11;
SRI SHARATH S.GOWDA, ADVOCATE FOR R12;
SRI RAGHAVENDRA, ADVOCATE FOR R13 & R14;
SMT.P.V.KALPANA, ADVOCATE FOR R16 & R17;
R10, R15 are served)
THIS RFA FILED U/O 41 R 1 R/W S.96 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 5.3.2009 PASSED IN
O.S.NO.102/1993 ON THE FILE OF THE ADDL.CIVIL JUDGE
(SR.DN.), HASSAN, PARTLY DECREEING THE SUIT FOR
DECLARATION, PARTITION AND SEPERATE POSSESSION AND
THE APPELLANTS HEREIN PRAYS TO SET ASIDE THE JUDGMENT
AND DECREE IN SO FAR AS IT RELATES TO REJECTING THE
CLAIM OF THE APPELLANTS FOR A SHARE IN RESPECT OF THE
ENTIRE SUIT SCHEDULE PROPERTIES AND GRANTING THE
SAME ONLY IN THE PORTIONS RETAINED BY THEIR MOTHER
SMT.SUBBALAKSHMAMMA AND THE PROPERTY BEQUEATHED TO
THEIR FATHER AND ETC.,
THIS REGULAR FIRST APPEAL COMING ON FOR ORDERS,
THIS DAY, G.NARENDAR J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appellants and the
learned counsel for the respondents.
2. A memo is preferred praying leave of the Court
to withdraw the appeal on the premise that the matter is
settled out of the Court.
3. The learned counsel for Respondents No.4, 5, 7,
8 and 9 would object to the claim that the matter is settled
out of the Court and submit that out of the Court, there is
no settlement between the respondents and the appellants.
4. Be that as it may. The memo is taken on
record. The appeal is dismissed as withdrawn.
Sd/-
JUDGE
Sd/-
JUDGE
DH
