Karnataka High Court
G Prashantha Kumar @ Babu vs T Muddarangegowda on 22 February, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:7544
RSA No. 1138 of 2015
C/W RSA No. 1139 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO.1138 OF 2015 (MOR)
C/W
REGULAR SECOND APPEAL NO. 1139 OF 2015(MOR)
IN R.S.A.No.1138/2015:
BETWEEN:
G. PRASHANTHA KUMAR @ BABU,
S/O GANGARAM,
AGED ABOUT 54 YEARS,
R/O THIMMANAHALLI - 572 214.
KANDIKERE HOBLI,
C.N. HALLI TALUK,
TUMKUR DISTRICT.
...APPELLANT
(BY SRI HARISH N.R AND
SRI PATEL D KARE GOWDA, ADVOCATE)
AND:
T. MUDDARANGEGOWDA,
Digitally signed by 80 YEARS,
MOHANKUMAR M SON OF THOREYAPPA,
Location: High SINCE DEAD BY LRS.
Court of Karnataka
LR (a) ANUSUYAMMA,
55 YEARS,
D/O MUDDARANGEGOWDA,
DEAD BY LRS.
LR (A) (a) P.S. MOHANKUMAR,
40 YEARS,
S/O ANUSUYAMMA,
DEAD BY LRS.
1. JAYALAKSHMI,
AGED 44 YEARS,
W/O LATE P.S. MOHANKUMAR,
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RSA No. 1138 of 2015
C/W RSA No. 1139 of 2015
2. ULLAS KUMAR,
AGED 19 YEARS,
S/O MOHANKUMAR,
3. DEEPIKA,
AGED ABOUT 17 YEARS,
D/O MOHANKUMAR,
4. KAVYA,
AGED ABOUT 15 YEARS,
D/O MOHANKUMAR,
RESPONDENTS 3 AND 4 ARE MINORS,
REPRESENTED BY NATURAL GUARDIAN
MOTHER JAYALAKSHMI FIRST RESPONDENT.
RESPONDENTS 1 TO 4 ARE
R/O PANJIGANAHALLI - 572 137.
KASABA HOBLI, SIRA TALUK,
TUMKUR DISTRICT.
5. P.S. PREMA,
AGED ABOUT 46 YEARS,
D/O ANUSUYAMMA.
6. P.S. ANANTHARAJU,
AGED ABOUT 40 YEARS,
S/O ANUSUYAMMA.
7. P.S. BHARGAVARAM,
S/O ANUSUYAMMA,
AGED ABOUT 37 YEARS.
8. P.S. RANGANATHA,
S/O ANUSUYAMMA,
AGED ABOUT 39 YEARS.
9. SUSHEELAMMA,
AGED ABOUT 58 YEARS,
D/O MUDDARANGEGOWDA.
RESPONDENTS 5 TO 9 ARE
RESIDENTS OF PANJIGANAHALLI - 572 137.
KASABA HOBLI, SIRA TALUK, TUMKUR DISTRICT.
...RESPONDENTS
(BY SRI KESHAV R. AGNIHOTRI, ADVOCATE FOR R1, R2, R5 TO R9;
R3 AND R4 ARE MINORS REPRESENTED BY THEIR MOTHER
NATURAL GUARDIAN R1)
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RSA No. 1138 of 2015
C/W RSA No. 1139 of 2015
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 26.03.2015 PASSED IN
R.A.No.38/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE,
CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE APPEAL AND
MODIFYING JUDGMENT AND DECREE DATED 06.06.2011 PASSED IN
O.S.No.54/1992 ON THE FILE OF THE COURT OF ADDL. CIVIL JUDGE
AND J.M.F.C. CHIKKANAYAKANAHALLI.
IN R.S.A.No.1139/2015:
BETWEEN:
G. PRASHANTHA KUMAR @ BABU,
S/O GANGARAM,
AGED ABOUT 54 YEARS,
R/O THIMMANAHALLI - 572 214.
KANDIKERE HOBLI,C.N. HALLI TALUK,
TUMKUR DISTRICT.
...APPELLANT
(BY SRI HARISH N.R AND
SRI PATEL D KARE GOWDA, ADVOCATE)
AND:
T. MUDDARANGEGOWDA,
80 YEARS,
SON OF THOREYAPPA,
SINCE DEAD BY LRS.
LR (a) ANUSUYAMMA,
55 YEARS,
D/O MUDDARANGEGOWDA,
DEAD BY LRS.
LR (A) (a) P.S. MOHANKUMAR,
40 YEARS,
S/O ANUSUYAMMA,
DEAD BY LRS.
1. JAYALAKSHMI,
AGED 44 YEARS,
W/O LATE P.S. MOHANKUMAR,
2. ULLAS KUMAR,
AGED 19 YEARS,
S/O MOHANKUMAR,
3. DEEPIKA,
AGED ABOUT 17 YEARS,
D/O MOHANKUMAR,
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RSA No. 1138 of 2015
C/W RSA No. 1139 of 2015
4. KAVYA,
AGED ABOUT 15 YEARS,
D/O MOHANKUMAR,
RESPONDENTS 3 AND 4 ARE MINORS,
REPRESENTED BY NATURAL GUARDIAN
MOTHER JAYALAKSHMI FIRST RESPONDENT.
RESPONDENTS 1 TO 4 ARE
R/O PANJIGANAHALLI - 572 137.
KASABA HOBLI, SIRA TALUK,
TUMKUR DISTRICT.
5. P.S. PREMA,
AGED ABOUT 46 YEARS,
D/O ANUSUYAMMA.
6. P.S. ANANTHARAJU,
AGED ABOUT 40 YEARS,
S/O ANUSUYAMMA.
7. P.S. BHARGAVARAM,
S/O ANUSUYAMMA,
AGED ABOUT 37 YEARS.
8. P.S. RANGANATHA,
S/O ANUSUYAMMA,
AGED ABOUT 39 YEARS.
9. SUSHEELAMMA,
AGED ABOUT 58 YEARS,
D/O MUDDARANGEGOWDA.
RESPONDENTS 5 TO 9 ARE
RESIDENTS OF PANJIGANAHALLI - 572 137.
KASABA HOBLI, SIRA TALUK, TUMKUR DISTRICT.
...RESPONDENTS
(BY SRI KESHAV R. AGNIHOTRI, ADVOCATE FOR R1, R2, R5 TO R9;
R3 AND R4 ARE MINORS REPRESENTED BY THEIR MOTHER
NATURAL GUARDIAN R1)
THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 26.03.2015 PASSED IN
R.A.NO.25/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE,
ITINERATE COURT, CHIKKANAYAKANAHALLI, DISMISSING THE
APPEAL AND MODIFYING THE ORDER DATED 06.06.2011 PASSED IN
O.S.No.54/1992 ON THE FILE OF THE ADDL. CIVIL JUDGE AND
J.M.F.C., CHIKKANAYAKANAHALLI.
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RSA No. 1138 of 2015
C/W RSA No. 1139 of 2015
THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for respondents has filed a memo for
disposal stating that when matter was listed on 12.06.2023,
appellant and respondents were present wherein appellant had
agreed to hand over vacant possession of schedule property to
respondents within 10 months and order sheet was also signed
by parties and therefore, appeal may be disposed of in terms of
said order.
2. Learned counsel for appellant submits that an
affidavit undertaking is filed in terms of said order agreeing to
vacate and hand over possession of schedule premises to
respondents on or before 12.04.2024.
3. It is also stated that respondent No.6 has deposited
a sum of Rs.1,56,305/- before Additional Civil Judge and JMFC,
C.N.Halli in F.D.P.No.20/2018 and for release of said amount,
appellant would file application before Executing Court.
Likewise, counsel for respondent no.6 submitted that
application for claiming damages for ten months of occupation
permitted under affidavit would be filed before Executing Court.
NC: 2024:KHC:7544
4. Reserving liberty to parties to work out their
remedies before Executing Court insofar as release of amount
in deposit or for damages respectively, affidavit undertaking is
taken on record.
5. In light of order dated 12.06.2023 and affidavit
undertaking, appellant shall hand over vacant possession of
schedule property to respondent no.6 on or before 6:00 p.m. of
12.04.2024 with clarification that appellant would not be
entitled to seek for any further extension on any grounds
whatsoever.
Accordingly, both appeals stand disposed of.
Registry to draw decree incorporating terms of affidavit
undertaking in respective appeals.
Sd/-
JUDGE
MKM/MR
