Karnataka High Court
Sri. Subbaraya vs Smt.Gangamma on 5 December, 2023
Author: V Srishananda
Bench: V Srishananda
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RFA No. 1486 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL NO. 1486 OF 2015 (PAR)
BETWEEN:
SRI. SUBBARAYA,
S/O LATE PILLAPPA,
AGED ABOUT 42 YEARS,
R/AT NO.265, A.K.COLONY,
HORAMAVU AGRA, HORAMAVU POST,
BENGALURU - 560 043.
...APPELLANT
(BY SRI. SURESH S. LOKRE, SENIOR COUNSEL FOR
SRI. SHRAVAN S. LOKRE, ADVOCATE)
AND:
Digitally 1. SMT.GANGAMMA,
signed by R
MANJUNATHA W/O LATE PILLAPPA,
Location: AGED ABOUT 65 YEARS,
HIGH COURT
OF R/AT A.K.COLONY,
KARNATAKA
HORAMAVU AGRA, HORAMAVU POST,
BENGALURU-560 043.
2. SMT.THIMMAKKA,
W/O APPAIAH,
AGED ABOUT 38 YEARS,
R/AT SADAPALLI BAGEPALLI,
KOLAR TALUK.
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RFA No. 1486 of 2015
3. SMT. GUNDAMMA,
W/O LATE PILLAPPA,
AGED ABOUT 80 YEARS,
4. SMT.SAVITHRI
W/O GUNDAMMA,
AGED ABOUT 40 YEARS,
5. SMT.RUKMINI
D/O LATE GUNDAMMA,
AGED ABOUT 40 YEARS,
6. SMT.RADHA
D/O SMT.GUNDAMMA,
AGED ABOUT 35 YEARS,
RESPONDENT Nos.3 TO 6 ARE
R/AT NEELASANDRA,
NEAR BUS STAND,
BENGALORE - 560047.
7. SMT.MUNIYAMMA,
D/O LATE THIMMARAYAPPA
& SMT.KONDAMMA,
AGED ABOUT 75 YEARS,
R/AT A.K.COLONY,
HORAMAVU AGRA VILLAGE,
HORAMAVU POST,
BENGALURU-560 043.
8 SMT.MUNILAKSHMAMMA,
D/O LATE THIMMARAYAPPA
& SMT.KONDAMMA,
AGED ABOUT 55 YEARS,
R/AT GUNJURPALYA,
BENGALURU - 560 043.
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RFA No. 1486 of 2015
9. SRI.KRISHNA,
FATHER'S NAME NOT
KNOWN TO PLAINTIFF,
AGED ABOUT 60 YEARS,
R/AT SHIVAJINAGAR ICE FACTORY,
SHIVAJINAGAR, BENGALURU - 560001.
10. SMT. BHAGYALAKSHMI,
W/O KRISHNA,
AGED ABOUT 55 YEARS,
R/AT SHIVAJINAGAR ICE FACTORY,
SHIVAJINAGAR, BENGALURU - 560001.
11. T.V.GOVINDARAJ,
S/O VENKATASWAMY,
AGED ABOUT 67 YEARS,
R/AT MARATHAHALLI VILLAGE,
MARATHAHALLI POST,
BENGALURU SOUTH TALUK.
12. N.RAJU,
S/O P.NARAYANASWAMY,
AGED ABOUT 46 YEARS,
MEMBER / CHAIRMAN,
HORAMAVU AGRA VILLAGE PANCHAYTH,
R/AT HORAMAVU VILLAGE,
BENGALURU - 560043.
...RESPONDENTS
(BY SRI. S KALYAN BASAVARAJ, ADVOCATE FOR R12;
R1 AND R7 - SERVED AND UNREPRESENTED;
V/O DATED 09.11.2023, R2 TO R6 AND R8 TO
R11 SERVED THROUGH PAPER PUBLICATION)
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RFA No. 1486 of 2015
THIS RFA IS FILED UNDER SEC.96 OF THE CPC.,
AGAINST THE JUDGMENT AND DECREE DATED:19.06.2015
PASSED IN O.S.NO.8352/2006 ON THE FILE OF THE XVIII
ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY,
DECREEING THE SUIT FOR PARTITION AND SEPARATE
POSSESSION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri.Suresh S. Lokre, learned Senior Counsel on
behalf of appellant and Sri.S.Kalyan Basavaraj, learned
counsel for respondent No.12.
2. The present appeal is filed challenging the validity
of the judgment and decree passed in O.S.No.8352/2006
dated 19.06.2015 on the file of XVIII Additional City Civil
Judge, Bengaluru City (CCH-10).
3. When the appeal is pending, a separate suit came
to be filed by the very same appellant and also an
application is filed under Order XXIII Rule 3(A) of CPC.
The suit filed by the very same appellant came to be
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dismissed and so also, the application filed under Order
XXIII Rule 3(A) of CPC. The order dismissing the
application under Order XXIII Rule 3(A) of CPC is
challenged by the appellant before this Court which is now
pending in Writ Petition No.11064/2018.
4. In view of the above subsequent developments,
appellant having chosen to file separate suit and
application under Order XXIII Rule 3(A) of CPC, present
appeal would not survive for further consideration.
Accordingly, the appeal needs to be dismissed.
5. However, since there is a serious allegations of
fraud etc., made by the appellant herein in the application
filed under Order XXIII Rule 3(A) of CPC, it is always open
for the parties to urge all available grounds before the
Court, where the Writ Petition No.11064/2018 is pending.
It is needless to emphasize that Writ Petition
No.11064/2018 would be disposed of on merits
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uninfluenced by the dismissal of RFA No.1486/2015.
Accordingly, following:
ORDER
i. Admission is declined.
ii. Appeal is dismissed.
Sd/-
JUDGE
KAV
