Sri G S Rajaram vs Sri G N Muralidhara
2023 Latest Caselaw 3977 Kant

Citation : 2023 Latest Caselaw 3977 Kant
Judgement Date : 4 July, 2023

Karnataka High Court

Sri G S Rajaram vs Sri G N Muralidhara on 4 July, 2023

Bench: H T Prasad

                                               -1-
                                                       NC: 2023:KHC:22921
                                                       RFA No. 1167 of 2008




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 4TH DAY OF JULY, 2023

                                            BEFORE

                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

                    REGULAR FIRST APPEAL NO. 1167 OF 2008 (PAR)

                   BETWEEN:

                   1.     SRI G S RAJARAM
                          S/O.LATE SRINIVASA IYENGAR
                          AGED ABOUT 60 YRS

                   2.     VEDAVALLI
                          W/O. SRI. G S RAJARAM
                          AGED ABOUT 56 YEARS

                   3.     P C JANAKAMMAL

                          SINCE DEAD BY HIS LR'S

                   3(A) SMT. P.B. RADHA
Digitally signed        W/O SRI P.C. PATTABHIRAMAN
by
DHANALAKSHMI            AGED ABOUT 48 YEARS
MURTHY                  No.2460, 14TH CROSS
Location: High          25TH MAIN, SECTOR -1
Court of                HSR LAYOUT, BANGALORE - 560 102
Karnataka
                   3(B) SMT. V. AMRUDHAVALLI
                        W/O SRI V. VASUDEVAN
                        AGED ABOUT 51 YEARS
                        No.38, JEEVANANDAM STREET
                        VINAYAKAPURAM, AMBATTOOR
                        CHENNAI - 600053

                   3(C) SMT. N.K. SHANTHA
                        AGED ABOUT 40 YEARS
                        W/O SRI. N.K. VENKATAN
                               -2-
                                     NC: 2023:KHC:22921
                                     RFA No. 1167 of 2008




       No.1, SOUTH MADA STREET
       TRIPLICANE
       CHENNAI - 600005
                                            ...APPELLANTS

(BY SRI. RAVINDRANATH K., ADVOCATE FOR A1 AND A2
    SRI. SIDDU KENDULI, ADVOCATE FOR A3 (A-C)

AND:

1.     SRI. G N MURALIDHARA
       AGED ABOUT 57 YEARS
       S/O.LATE G R NAGAPPA
       NO.53, 60 FEET ROAD,
       GIRINAGAR, BANGALORE-85

2.     SRI. G N CHANDRASHEKAR
       S/O. SRI. G R NAGAPPA
       AGED ABOUT 60 YEARS
       NO.16, 2ND FLOOR, 4TH CROSS
       S.P. EXTENSION,
       MALLESHWARAM, BANGALORE-3.

3.     G N LAKSHMINARASIMHAIAH

       SINCE DEAD BY HIS LR'S

3(A) SMT. SARASWATHI
     AGED ABOUT 50 YEARS
     W/O LATE SRI. G.N. LAKSHMINARASIMHAIAH

3(B) SRI. GNANAKUMARASWAMY
     AGED ABOUT 38 YEARS
     S/O LATE SRI. G.N. LAKSHMINARASIMHAIAH

3(C) SMT. RAMYA
     AGED ABOUT 30 YEARS
     D/O LATE SRI. G.N. LAKSHMINARASIMHAIAH

4.     G N VYDYANTH
       S/O.LATE G R NAGAPPA
       AGED ABOUT 49 YRS
                                     -3-
                                             NC: 2023:KHC:22921
                                             RFA No. 1167 of 2008




     BEML NAGAR P O
     KATHAHALLI, KGF - 06

5.   G N PRABHAKAR
     S/O.LATE G R NAGAPPA
     AGED ABOUT 47 YRS
     NO.12/1, IIND FLOOR, 4TH CROSS
     SWIMMING POOL EXTENSION
     BANGALORE
                                                   ...RESPONDENTS

(BY SMT. SANDYA RANI, ADVOCATE FOR R1
    NOTICE TO R2, R4, R5 AND R3(A-C) SERVED AND
    UNREPRESENTED)

     THIS RFA IS FILED U/S 96 OF THE CPC AGAINST THE
JUDGEMENT AND DECREE DT. 16.7.08          PASSED IN
OS.NO.8800/97 ON THE FILE OF THE XXII ADDL. CITY CIVIL
JUDGE, BANGALORE, DECREEING THE SUIT FOR PARTITION,
SEPARATE POSSESSION AND MESNE PROFITS.

     THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                            JUDGMENT

This appeal is filed under Section 96 of CPC

challenging the judgment and decree dated 16.07.2008,

passed by the XXII Addl. City Civil Judge, Bengaluru in

O.S.No.8800/1997, whereby the suit filed by the plaintiff

is decreed.

NC: 2023:KHC:22921 RFA No. 1167 of 2008

2. The appellant herein claims to be the purchaser of

the suit schedule property by registered sale deed dated

18.12.2000, for a consideration of Rs.15,00,000/- from

defendants No.1 to 6 and their father. The plaintiff who is

respondent No.1 herein has filed a suit for partition and

separate possession in respect of the suit schedule

property. On service of summons, defendants 3, 5 and 6

have filed a common written statement contending that

the suit schedule property has been sold in favour of one

Rajaram, who is the appellant No.1 herein for a sum of

Rs.15,00,000/-.

3. Inspite of taking a specific contention in the

written statement, the appellant No.1 has not been made

as a party in the suit. With the leave of the Court, the

appellant has filed this appeal before this Court. Learned

counsel for the appellant has submitted that, if this Court

remand the matter to the trial Court to give opportunity to

the appellant, he may defend his case.

NC: 2023:KHC:22921 RFA No. 1167 of 2008

4. None appeared for the respondents.

5. Under the circumstances, in the interest of justice

and to give one more opportunity to the parties, I am of

the opinion that the matter requires to be remanded to the

Trial Court for fresh consideration. Hence, I proceed to

pass the following:

ORDER

a) The appeal is allowed.

b) The judgment and decree dated 16.07.2008, passed by the XXII Addl. City Civil Judge, Bengaluru in O.S.No.8800/1997, is set aside.

c) The appellant is permitted to file application for impleading on or before end of July 2023. The Trial Court is directed to consider the application in accordance with law.

d) If the application is allowed, the parties are at liberty to adduce additional evidence and produce additional documents. Thereafter, the trial Court is directed to decide the suit on merits within one year from the date the appellant files the impleading application.