Sriramulu Gupta vs P Suryaprakash
2023 Latest Caselaw 7604 Kant

                                           R.F.A No.1038/2019

                               1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 7TH DAY OF NOVEMBER, 2023

                           PRESENT

         THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                             AND

     THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

               R.F.A NO. 1038 OF 2019 (POS)

BETWEEN:

SRIRAMULU GUPTA
S/O SUBBARATHNAIAH SHETTY
AGED ABOUT 64 YEARS
R/A NO.516 E, 1ST FLOOR
1ST 'C' MAIN, 2ND STAGE
RPC LAYOUT, VIJAYANAGAR
BENGALURU-560 040.                               ...APPELLANT

(BY SHRI. N. JAGADEESH BALIGA, ADVOCATE)

AND:

1.      P. SURYAPRAKASH
        S/O B. SUBBARATHNAIAH SHETTY
        AGED ABOUT 59 YEARS
        R/A NO.516 E, 1ST FLOOR
        1ST 'C' MAIN, 2ND STAGE
        RPC LAYOUT, VIJAYANAGAR
        BENGALURU-560 040.

2.      P. KODANDARAMASHETTY
        S/O B. SUBBARATHNAIAH SHETTY
        AGED ABOUT 56 YEARS
        R/A NO.516 E, 1ST FLOOR
        1ST 'C' MAIN, 2ND STAGE
        RPC LAYOUT
                                               R.F.A No.1038/2019

                                 2

       VIJAYANAGAR
       BENGALURU-560 040.                        ...RESPONDENTS

(BY SHRI. G.V. CHANDRASHEKAR, SENIOR ADVOCATE FOR
    SHRI. SANDEEP LAHIRI, ADVOCATE FOR R1;
    SHRI. K. PRADEEP NAIK, ADVOCATE FOR R2)

      THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SEC. 96 OF THE
CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.02.2019 PASSED
IN O.S.No.3127/2011 ON THE FILE OF THE I ADDITIONAL CITY CIVIL
AND   SESSIONS JUDGE,    BENGALURU, DECREEING THE SUIT FOR
RECOVERY OF POSSESSION


      THIS RFA, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT
ON 26.10.2023 COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS
DAY, P.S. DINESH KUMAR, J., PRONOUNCED THE FOLLOWING:-


                          JUDGMENT

This appeal is directed against the judgment and decree

dated February 18th, 2019 in O.S.No.3127/2011 passed by

the I Additional City Civil and Sessions Judge, Bengaluru

decreeing suit for possession.

2. Brief facts of the case are, plaintiff in the instant

suit is one Shri. Surya Prakash. He has brought the suit

against his two brothers seeking possession of the suit

property on the premise that he is the absolute owner of the

property in question.

R.F.A No.1038/2019

3. Surya Prakash's father and one brother

Shri. Sreeramulu Gupta had filed O.S. No.6404/1999 on the

file of City Civil Court, Bengaluru seeking 1/3rd share in the

suit schedule property on the premise that it was a Joint

Family Property. That suit stood dismissed. Plaintiffs therein,

challenged the judgment and decree passed by the Trial Court

in R.F.A. No.424/2011. We have heard the said appeal

simultaneously with this appeal. One of the specific point

raised for our consideration in that appeal is, whether the suit

property is a joint family property? We have answered that

point in the negative. For the reasons recorded in our

judgment, we have upheld the judgment and decree passed

by the Trial Court dismissing O.S. No.6404/1999. The

resultant position is that, plaintiffs in O.S. No.6404/1999 have

failed to prove that the property was a joint family property.

4. The instant suit has been filed by Surya Prakash

seeking possession on the ground that he is the absolute

owner of the property. In view of our detailed findings R.F.A No.1038/2019

recorded in the connected R.F.A. No.424/2011, this appeal

also must fail and it is accordingly dismissed with costs.

Sd/-

JUDGE

Sd/-

JUDGE

SPS