Karnataka High Court
Sri S A Babureddy vs Smt Jolly Varghese on 7 February, 2024
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NC: 2024:KHC:5291
RFA No. 497 of 2008
C/W RFA No. 498 of 2008
RFA No. 499 of 2008
RFA No. 500 of 2008
RFA No. 501 of 2008
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI
REGULAR FIRST APPEAL NO. 497 OF 2008 (INJ)
C/W
REGULAR FIRST APPEAL NO. 498 OF 2008(INJ)
REGULAR FIRST APPEAL NO. 499 OF 2008(INJ)
REGULAR FIRST APPEAL NO. 500 OF 2008(INJ)
REGULAR FIRST APPEAL NO. 501 OF 2008(INJ)
IN RFA NO.497/2008:
BETWEEN:
SRI S.A. BABUREDDY,
S/O S.P. ANNAIAH REDDY,
AGED ABOUT 59 YEARS,
R/AT NO.7, SAPTHAGIRI NILAYA,
Digitally signed
by 7TH CROSS, 35TH MAIN,
ANNAPURNA G S. P. ANNAIAH REDDY LAYOUT,
Location: High BTM 2ND STAGE, BANGALORE - 68.
Court of
Karnataka ...APPELLANT
(BY SRI S. SHAKER SHETTY, ADVOCATE)
AND:
1. SMT. T.T. THANGAMMA,
W/O P.K. OPPEN,
AGED ABOUT 49 YEARS,
R/AT OLD NO.11, NEW NO.22,
BHARTHI LAYOUT, 5TH CROSS,
S.GUNTE PALYA,
BANGALORE - 560 029.
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RFA No. 497 of 2008
C/W RFA No. 498 of 2008
RFA No. 499 of 2008
RFA No. 500 of 2008
RFA No. 501 of 2008
2. SRI NAGARAJA REDDY N.,
AGED ABOUT 60 YEARS,
R/AT D.NO. 5/3,
16TH CROSS,
2ND MAIN, 6TH SECTOR,
HSR LAYOUT,
BANGALORE - 560 034.
3. SRI ANANDA REDDY,
S/O J. NARAYANA REDDY,
AGED ABOUT 48 YEARS,
R/A KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK - 562 106,
BANGALORE DIST.
...RESPONDENTS
(BY SRI C. RAVINDRAN &
SRI. RAVIKUMAR B., ADVOCATE FOR C/R1;
NOTICE TO R2 AND R3 DISPENSED WITH
V/O DATED 09.09.2009)
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED.17.01.2008 PASSED IN
O.S.NO.2399/2004 ON THE FILE OF THE XVII ADDL. CITY
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
IN RFA NO.498/2008:
BETWEEN:
SRI S.A. BABUREDDY,
S/O S.P. ANNAIAH REDDY,
AGED ABOUT 59 YEARS,
R/AT NO.7,
'SAPTHAGIRI NILAYA',
7TH CROSS,
35TH MAIN,
S.P. ANNAIAH REDDY LAYOUT,
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NC: 2024:KHC:5291
RFA No. 497 of 2008
C/W RFA No. 498 of 2008
RFA No. 499 of 2008
RFA No. 500 of 2008
RFA No. 501 of 2008
BTM 2ND STAGE,
BANGALORE - 560 068.
...APPELLANT
(BY SRI S. SHAKER SHETTY, ADVOCATE)
AND:
1. SMT. GRACY,
W/O ZACHARIAS C.K.,
AGED ABOUT 38 YEARS,
R/AT JMJ CHICKEN CENTRE,
MARUTHI NAGAR,
MADIWALA,
BANGALORE - 560 068.
2. SRI NAGARAJA REDDY N.,
AGED ABOUT 60 YEARS,
R/AT D. NO.5/3, 16TH CROSS,
2ND MAIN, 6TH SECTOR,
HSR LAYOUT,
BANGALORE - 560 034.
3. SRI ANANDA REDDY
S/O J.NARAYANA REDDY,
AGED ABOUT 48 YEARS,
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK,
BANGALORE DISTRICT - 562 106.
...RESPONDENTS
(BY SRI. S.Y.KUMBAR., ADVOCATE FOR R1;
NOTICE TO R2 AND R3 DISPENSED WITH
VIDE ORDER DATED 09.09.2009.)
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 17.01.2008 PASSED IN
O.S.NO.2396/2004 ON THE FILE OF THE XVII ADDL. CITY
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NC: 2024:KHC:5291
RFA No. 497 of 2008
C/W RFA No. 498 of 2008
RFA No. 499 of 2008
RFA No. 500 of 2008
RFA No. 501 of 2008
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
IN RFA NO.499/2008:
BETWEEN:
SRI S.A. BABUREDDY,
S/O S.P. ANNAIAH REDDY,
AGED ABOUT 59 YEARS,
R/AT NO.7, 'SAPTHAGIRI NILAYA',
7TH CROSS, 35TH MAIN,
S.P. ANNAIAH REDDY LAYOUT,
BTM 2ND STAGE,
BANGALORE - 560 068.
...APPELLANT
(BY SRI S. SHAKER SHETTY, ADVOCATE)
AND:
1. SMT. JOLLY VARGHESE,
W/O VARGHESE,
AGED ABOUT 39 YEARS,
R/AT NO.78, 4TH CROSS,
MUNESHWARA NAGAR,
SHAMPUR ROAD,
ARABIC COLLEGE POST,
BANGALORE - 560 045.
2. SRI NAGARAJA REDDY N.,
AGED ABOUT 60 YEARS,
R/AT D. NO.5/3, 16TH CROSS,
2ND MAIN, 6TH SECTOR,
HSR LAYOUT,
BANGALORE - 560 034.
3. SRI ANANDA REDDY,
S/O J.NARAYANA REDDY,
AGED ABOUT 48 YEARS,
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RFA No. 497 of 2008
C/W RFA No. 498 of 2008
RFA No. 499 of 2008
RFA No. 500 of 2008
RFA No. 501 of 2008
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK - 562 106.
BANGALORE DISTRICT.
4. SRI P. RAGHURAMA REDDY,
S/O LATE PILLA REDDY,
AGED ABOUT 40 YEARS,
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK - 562 106.
BANGALORE DISTRICT.
...RESPONDENTS
(BY SRI. C. RAVINDRAN &
SRI. RAVIKUMAR B., ADVOCATE FOR C/R1;
NOTICE TO R2 AND R3 DISPENSED WITH
VIDE ORDER DATED 09.09.2009)
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 17.01.2008 PASSED IN
O.S.NO.2398/2004 ON THE FILE OF THE XVII ADDL. CITY
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
IN RFA NO.500/2008:
BETWEEN:
SRI S.A. BABUREDDY,
S/O S.P. ANNAIAH REDDY,
AGED ABOUT 59 YEARS,
R/AT NO.7, SAPTHAGIRI NILAYA,
7TH CROSS, 35TH MAIN,
S.P. ANNAIAH REDDY LAYOUT,
BTM 2ND STAGE, BANGALORE - 560 068.
...APPELLANT
(BY SRI S. SHAKER SHETTY, ADVOCATE)
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RFA No. 497 of 2008
C/W RFA No. 498 of 2008
RFA No. 499 of 2008
RFA No. 500 of 2008
RFA No. 501 of 2008
AND:
1. SRI P.O. HORMISE,
S/O P.K. OPPEN,
AGED ABOUT 28 YEARS,
R/AT OLD NO.11, NEW NO.22,
BHARTHI LAYOUT, 5TH CROSS.
S.GUNTE PALYA,
BANGALORE - 560 029.
2. SRI NAGARAJA REDDY N.,
AGED ABOUT 60 YEARS,
R/AT D.NO.5/3, 16TH CROSS,
2ND MAIN, 6TH SECTOR,
HSR LAYOUT,
BANGALORE - 560 034.
3. SRI ANANDA REDDY,
S/O J. NARAYANA REDDY,
AGED ABOUT 48 YEARS,
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK - 562 106.
BANGALORE DISTRICT.
...RESPONDENTS
(BY SRI. C. RAVINDRAN &
SRI. RAVIKUMAR B., ADVOCATE FOR C/R1;
NOTICE TO R2 AND R3 DISPENSED WITH VIDE ORDER
DATED 09.09.2009)
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 17.01.2008 PASSED IN
O.S.NO.2397/2004 ON THE FILE OF THE XVII ADDL. CITY
CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR
PERMANENT INJUNCTION.
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NC: 2024:KHC:5291
RFA No. 497 of 2008
C/W RFA No. 498 of 2008
RFA No. 499 of 2008
RFA No. 500 of 2008
RFA No. 501 of 2008
IN RFA NO.501/2008:
BETWEEN:
SRI S.A. BABUREDDY,
S/O S.P. ANNAIAH REDDY,
AGED ABOUT 59 YEARS,
R/AT NO.7, 'SAPTHAGIRI NILAYA',
7TH CROSS, 35TH MAIN,
S.P. ANNAIAH REDDY LAYOUT,
BTM 2ND STAGE, BANGALORE - 560 068.
...APPELLANT
(BY SRI S. SHAKER SHETTY, ADVOCATE)
AND:
SMT. JALAJAKSHI N.,
W/O P. MUNISWAMY,
AGED ABOUT 36 YEARS,
R/AT NO.1, BEHIND CANARA BANK,
BALAPPA COMPOUND,
HOSUR MAIN ROAD,MADIWALA,
BANGALORE - 560 068.
...RESPONDENT
(BY SRI. CHANDRAMOULESHWARACHARI C., ADVOCATE
FOR R1;
NOTICE TO R2 AND R3 DISPENSED WITH VIDE ORDER
DATED 09.09.2009)
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 17.01.2008 PASSED IN
O.S.NO.7819/2004 ON THE FILE OF THE XVII ADDL. CITY
CIVIL JUDGE, BANGALORE (CCH-16), DECREEING THE SUIT
FOR PERMANENT INJUNCTION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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RFA No. 497 of 2008
C/W RFA No. 498 of 2008
RFA No. 499 of 2008
RFA No. 500 of 2008
RFA No. 501 of 2008
JUDGMENT
Sri S. Shaker Shetty, learned counsel appeared for
the appellant in all these appeals appears through video
conference.
2. Learned counsel for the appellant has filed memos
stating that all these appeals arise out of suit for injunction and
the appellant has died on 25.07.2017. The decree being in
personam, the same is binding on the defendant but not his
legal heirs and therefore, the cause of action do not survive.
3. It is also submitted that the impugned judgment
and decree had been passed subject to the result in
O.S.No.1748/2004, which was decreed in favour of legal heirs
of the appellant.
4. Accordingly, in Execution Petition No.2903/2011 a
sale deed has been executed and therefore, the legal heirs of
the deceased appellant have acquired absolute title and also
the revenue records have been mutated. Therefore, it is
submitted that the present appeals do not survive anymore.
NC: 2024:KHC:5291
5. The memos filed in all the above appeals to that
effect are taken on record.
Accordingly, all these appeals are disposed of as
abated.
Sd/-
JUDGE
PTM
