Karnataka High Court
Sri Ramanna vs Sri K Puttasiddegowda on 29 June, 2022
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
R.F.A.NO.49 OF 2019 (MOR)
BETWEEN
SRI RAMANNA
S/O MANDYA THIMMEGOWDA
SINCE DECEASED BY HIS LRS
1. SMT CHIKKATHAYAMMA
AGED ABOUT 68 YEARS,
W/O LATE RAMANNA
RESIDING AT KYASAPURA VILLAGE
AND POST, KOOTAGAL HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT -562108
KARNATAKA
SHRI K. R. RAJANNA
S/O LATE RAMANNA
SINCE DECEASED BY HIS LRS
2. SMT MAMATHA H
AGED ABOUT 39 YEARS,
W/O LATE RAJANNA K R
RESIDING AT
NO.136, THUPPADA
ANJANEYA TEMPLE
DR. RAJKUMAR CIRCLE
KENGERI, BANGALORE-560060
3. MAS. DIGANTH GOWDA K R
AGED ABOUT 13 YEARS,
S/O LATE RAJANNA
K.R. NO. 136,
THUPPADA ANJANEYA TEMPLE
DR. RAJKUMAR CIRCLE
2
KENGERI
BANGALORE-560060
(HE IS MINOR REPRESENTED BY HIS
NATURAL GUARDIAN MOTHER BY NAME
MAMATHA H)
4. SMT SUNANDAMMA
W/O RAMAIAH
D/O LATE RAMANNA
AGED ABOUT 45 YEARS,
RESIDING AT NO.556,
1ST CROSS, GUDDE ANJANEYA
TEMPLE ROAD, KENGERI
BANGALORE-560060
5. SRI RAMESHA
S/O LATE RAMANNA
RESIDING AT
KYASAPURA VILLAGE
AND POST, KOOTAGAL HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT-562108
KARNATAKA
6. SRI DASE GOWDA
S/O LATE RAMANNA
RESIDING AT KYASAPURA VILLAGE
AND POST, KOOTAGAL HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT-562108
KARNATAKA
7. SMT CHANNAMMA
W/O UMESHA
D/O LATE RAMANNA
RESIDING AT KAKARAMANAHALLI VILLAGE,
GANAGAL POST
BIDADI HOBLI
RAMANAGARAM TALUK
RAMANAGARAM DISTRICT-562109
KARNATAKA
...APPELLANTS
(BY SRI M.V. SUNIL, ADVOCATE)
3
AND
SRI K PUTTASIDDEGOWDA
S/O LATE CHIKKABOREGOWDA
SINCE DECEASED BY HIS LRS
1. SRI K.P.SIDDARAMEGOWDA
S.O LATE PUTTASIDDEGOWDA K.
AGED ABOUT 52 YEARS,
RESIDING AT KYASAPURA VILLAGE AND POST
KOOTAGAL HOBLI
RAMANAGARA TALUK,
RAMANAGARA DISTRICT -562108
KARNATAKA
2. SRI K. P. CHANDRASHEKAR
S/O LATE PUTTASIDDEGOWDA K.
RESIDING AT KYASAPURA
VILLAGE AND POST, KOOTAGAL HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT -562108
KARNATAKA
3. SMT CHANNAMMA
W/O LATE PUTTASIDDEGOWDA K
RESIDING AT KYASAPURA VILLAGE AND POST
KOOTAGAL HOBLI RAMANAGARA TALUK ,
RAMANAGARA DISTRICT-562108
KARNATAKA
4. SMT K P LALITHAMMA
W/O GURULINGAIAH
D/O LATE K PUTTASIDDEGOWDA
RESIDING AT NO.3RD FLOOR,
B BLOCK, POLICE QUARTERS,
12TH MAIN, VIJAYANAGAR
BANGALORE-40
SMT THIMMAMMA
W/O MALLAIAH
D/O MANDYTHIMMEGOWDA
SINCE DECEASED BY HER LRS
5. BORALINGAIAH
S/O LATE MALLAIAH
4
AGED ABOUT 54 YEARS,
RESIDING AT NO.48,
KALIDASA LAYOUT,
NEAR MUNIESWAR TEMPLE,
RAGAVENDRANAGAR,
SRINAGAR EXTENSION
BANGALORE-560050
6. SRI SIDDARAMAIAH
S/O LATE MALLAIAH
RESIDING AT KYASAPURA VILLAGE AND POST,
KOOTAGAL HOBLI RAMANAGARA TALUK
RAMANAGARA DISTRICT-562108
KARNATAKA
7. SRI SHIVALINGAIAH
S/O LATE MALLAIAH
RESIDING AT KYASAPURA VILLAGE AND POST ,
KOOTAGAL HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT -562108
KARNATAKA
8. SRI KRISHNA
S/O LATE MALLAIAH
RESIDING AT KYASAPURA VILLAGE AND POST,
KOOTAGAL HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT -562108
KARNATAKA
9. SMT CHIKKATHAYAMMA
W/O LATE T RAMANNA
D/O LATE MALLAIAH
RESIDING AT NO.55,
ZINC LANE, 2ND CROSS
BEHIND UPSTAIR BUILDING
BHADRAVATHI TOWN,
SHIVAMOGA DISTRICT-577301
10. SMT PARVATHAMMA
D/O LATE MALLAIAH
RESIDING AT KYASAPURA VILLAGE AND POST,
KOOTAGAL HOBLI RAMANAGARA TALUK,
RAMANAGARA DISTRICT -562108
5
KARNATAKA
11. SMT GOWRARMMA
W/O LATE BASAVARAJ
D/O LATE MALLAIAH
RESIDING AT NO.15 SHOP SANNAPPA BUILDING
UPPER CIRCLE, BHADRAVATHI TOWN,
SHIVMOGA DISTRICT-577301
SRI K.B.SATHYANARAYANA
S/O LATE BALAJI RAMAIAH
RESIDING AT NO.487,
ARALE SANGAPPAS GARDEN,
MANDYA TOWN-571401
SINCE DECEASED, NOT CHALLENGED
THE CLAIM OF PLAINTIFF IN THE SUIT
AND REMAINED EXPARTE
12. SRI K B VYADHYANATHAIAH
AGED ABOUT 72 YEARS
S/O LATE BALAJI RAMAIAH
RESIDING AT NO.1830
RATHNASING STREET,
MANDI MOHALLA
MYSORE- 570001
SINCE DECEASED, NOT CHALLENGED
THE CLAIM OF THE PLAINTIFF IN THE
SUIT AND REMAINED EXPARTE
SMT CHANAMMA
W/O THIMMEGOWDA
SINCE DECEASED AND REPRESESNTED
BY HER LRS
SMT THIMAMMA
SINCE DECEASED AND REPRESENTED
BY HER LRS
13. SMT KEMPAMMA
W/O LATE DASAPPA
AGED ABOUT 71 YEARS,
RESIDING AT NO.102, VIDYAPEETA ROAD
KENGERI, BANGALORE
SOUTH TALUK,
BANGALORE-560060
6
14. SMT SAKAMMA
W/O LATE THIMMAIAH
RESIDING AT KESTHUR VILLAGE
ATHAGUR HOBLI, MADDUR TALUK
MANDYA DISTRICT-571476
...RESPONDENTS
THIS APPEAL IS FILED UNDER SECTION 96 R/W ORDER
41 RULE 1 OF THE CPC, AGAIST THE ORDER DATED 30.10.2018
PASSED IN F.D.P. NO.2/2002 ON THE FILE OF THE ADDITIONAL
CIVIL JUDGE AND JMFC, RAMANAGARA HOLDING THAT IF 4TH
DEFENDNAT FAILS TO VACATE POSSESSION, PLAINTIFF IS
DIRECTED TO TAKE POSSESSION THROUGH COURT BY
ISSUING WARRANT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellants seeks permission
to withdraw the appeal reserving liberty in favour of the
appellants to file an appropriate appeal before the
jurisdictional Court having requisite pecuniary jurisdiction
to try the appeal.
2. It is also submitted that since the appellants
bonafide in prosecuting the present appeal, the appellants
should be given the benefit of Section 14 of the Limitation
Act, 1963 (hereinafter referred to as 'the Act' for short).
3. The said submission is placed on record.
4. The appeal is dismissed as withdrawn
reserving liberty in favour of the appellants to file an
appropriate appeal before the jurisdictional Appellate
Court. If such an appeal is filed within a period of six
weeks from today, the appellants would be entitled to get
the benefit of Section 14 of the Act.
5. Registry is directed to forthwith return all the
papers to the appellants.
Sd/-
JUDGE
KTY
