Karnataka High Court
Huchappa vs Sri Huchaiah on 5 August, 2024
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NC: 2024:KHC:30852-DB
RFA No. 1820 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
REGULAR FIRST APPEAL NO. 1820 OF 2016 (DEC/INJ)
BETWEEN:
HUCHAPPA,
S/O LATE DODDA KONGALAIAH,
SINCE DEAD BY LRS.
SMT. GOWRAMMA,
1. W/O LATE HUCHAIAH,
AGED 55 YEARS.
2. SRI. KARIYAPPA,
S/O LATE HUCHAPPA,
AGED 40 YEARS.
3. SRI NAGARAJU,
S/O LATE HUCHAPPA,
Digitally signed by KORLAHALLI
AGED 37 YEARS.
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
KARNATAKA
4. SRI D NAGARAJU,
S/O LATE DODDA KONGALAIAH,
AGED 58 YEARS.
ALL ARE RESIDENTS OF:
KODIHALLI VILLAGE,
HAMLET OF BYRAMANGALA,
BIDADI HOBLI,
RAMANAGARA TALUK
AND DISTRICT- 581 453.
...APPELLANTS
(BY SRI. M B CHANDRACHOODA., ADVOCATE)
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NC: 2024:KHC:30852-DB
RFA No. 1820 of 2016
AND:
1. SRI HUCHAIAH,
S/O LATE KONGALAIAH,
AGED 75 YEARS.
2. SRI H KRISHNA MURTHY,
S/O HUCHAIAH,
AGED 41 YEARS.
BOTH ARE RESIDENTS OF:
KODIHALLI VILLAGE,
HAMLET OF BYRAMANGALA,
BIDADI HOBLI, RAMANAGARA TQ
& DISTRICT-581 453.
...RESPONDENTS
(R-1 & R-2 ARE SERVED AND UNREPRESENTED)
THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 03.07.2015 PASSED IN
OS NO.114/2007 ON THE FILE OF THE ADDL. SENIOR CIVIL
JUDGE, RAMANAGARA, DISMISSING THE SUIT FOR
DECLARATION AND PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
and
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)
This appeal is filed by legal representatives of the
plaintiff - Huchappa S/o Late. Dodda Kongalaiah challenging
the judgment and decree dated 03.07.2015 in
NC: 2024:KHC:30852-DB
O.S.No.114/2007 on the file of Additional Senior Civil Judge,
Ramanagara. Suit was for declaration of title of the plaintiff
and for permanent injunction in respect of two pieces of
lands measuring 2 acres 22 guntas and 1 acre 10 guntas in
survey No.84 of Byramangala Village, Bidadi Hobli,
Ramanagara Taluk and District. The plaintiff claims to have
purchased these two pieces of lands from Mayamma under
the sale deed dated 17.10.1979 and 18.01.1980. The
defendants in O.S.No.114/2007 also brought a separate suit
i.e. O.S.No.172/2008 in respect to the same properties
claiming to have purchased the said property from the very
same vendor Mayamma under sale deeds dated 09.11.1963
and 27.02.1979. The trial court clubbed the two suits and
passed a common judgment. O.S.No.114/2007 was
dismissed and O.S.No.172/2008 was decreed in terms of the
reliefs claimed therein.
2. We find that the suit was brought in respect of
same properties. Sri. M.B. Chandrachooda, learned counsel
for the appellant submits that the plaintiff in
O.S.No.114/2007 did not prefer appeal having suffered
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decree of dismissal of their suit but they have only
challenged the judgment in O.S.No.172/2008. Therefore,
what we find is that unless appellants herein challenge the
judgment in O.S.No.114/2007, there is no use if they
challenge the judgment in O.S.No.172/2008. That apart, the
clear finding of the trial court is that the sale deeds of the
defendants namely Huchappa S/o.Late Dodda Kongalaiah, H.
Krishna Murthy S/o Huchaiah were earlier in point of time.
Their sale deeds prevail over the appellants sale deeds.
Therefore, we do not find any infirmity in the judgment of
the trial court in dismissing O.S.No.114/2007, resultantly,
this appeal is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
AG
