Sri G Mahadevaiah vs Smt Parvathamma
2024 Latest Caselaw 11474 Kant

Karnataka High Court

Sri G Mahadevaiah vs Smt Parvathamma on 9 May, 2024

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                                                      NC: 2024:KHC:17159
                                                     RSA No. 779 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 9TH DAY OF MAY, 2024

                                        BEFORE
                        THE HON'BLE MR JUSTICE C.M. POONACHA
                REGULAR SECOND APPEAL NO. 779 OF 2024 (DEC/INJ)
               BETWEEN:

               1.    SRI. G. MAHADEVAIAH,
                     S/O LATE GANGANNA @ GANGAPPA,
                     AGED ABOUT 56 YEARS,

               2.    SMT. RATHNAMMA,
                     W/O LATE YOGISH,
                     AGED ABOUT 41 YEARS,

               3.    SRI. H.S. MANJUNATH,
                     S/O LATE SHIVALINGAIAH,
                     AGED ABOUT 42 YEARS,

               4.    SRI. SIDDARAMAIAH,
                     S/O LATE GANGANNA @ GANGAPPA,
                     AGED ABOUT 63 YEARS,

               5.    SRI. NANDISH,
Digitally            S/O LATE YAKARAJ,
signed by H          AGED ABOUT 36 YEARS,
K HEMA
Location:            APPELLANTS 1 TO 8 ALL ARE
High Court           RESIDENTS OF HESARAHALLI VILLAGE,
of Karnataka
                     NITTUR HOBLI, GUBBI TALUK,
                     TUMKURU DISTRICT - 572 126.

                                                           ...APPELLANTS
               (BY SRI. MANU SHANKAR S.S, ADVOCATE)

               AND:

               1.    SMT. PARVATHAMMA,
                     W/O LATE NAJUNDAIAH,
                              -2-
                                         NC: 2024:KHC:17159
                                     RSA No. 779 of 2024




     AGED ABOUT 81 YEARS,

2.   SRI. H.N. GANGADHAR,
     S/O LATE NANJUNDAIAH,
     AGED ABOUT 52 YEARS,

3.   SMT. VIJAYA,
     D/O LATE NANJUNDAIAH,
     AGED ABOUT 48 YEARS,

4.   SRI. H.N. KUMARASWAMY,
     S/O LATE NANJUNDAIAH,
     AGED ABOUT 42 YEARS,

     THE RESPONDENTS 1 TO 4 ARE
     ALL RESIDENTS OF HESARAHALLI VILLAGE,
     NITTUR HOBLI, GUBBI TALUK,
     TUMKURU DISTRICT - 572 126.

5.   SMT. RUDRAMMA,
     W/O LATE SHANMUKHAIAH,
     AGED ABOUT 61 YEARS,
     RESIDENTS OF HESARAHALLI VILLAGE
     NITTUR HOBLI, GUBBI TALUK
     TUMKURU DISTRICT - 572 126.

6.   THE EXECUTIVE ENGINEER,
     OFFICE OF THE EXECUTIVE ENGINEER,
     HEMAVATHI CANAL DIVISION,
     KUNIGAL ROAD, TUMKURU - 572 101.

7.   THE THASILDHAR,
     GUBBI TALUK,
     TUMKUR DISTRICT - 572 216.

                                            ...RESPONDENTS
     THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST
THE JUDGMENT AND DECREE DATED 27.02.2024 PASSED IN
RA NO.4/2023 ON THE FILE OF THE VI ADDITIONAL DISTRICT
AND SESSIONS JUDGE, TUMAKURU, ALLOWING THE APPEAL
AND SETTING ASIDE THE ORDER DATED 16.11.2022 PASSED
ON I.A.NO.IV IN OS.NO.83/2022 ON THE FILE OF THE SENIOR
                                -3-
                                             NC: 2024:KHC:17159
                                           RSA No. 779 of 2024




CIVIL JUDGE AND JMFC, GUBBI, ALLOWING THE I.A. FILED
UNDER ORDER VII RULE 11(d) OF CPC FOR REJECTION OF
PLAINT.

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

Learned counsel for the appellants has filed a memo

which reads as follows:

"The counsel for appellants prays that this Hon'ble court be pleased to permit the appellants to convert the regular Second appeal (RSA) in to Miscellaneous second appeal (MSA) in the interest of justice and equity"

2. In view of the same, the appellants are permitted to

convert the present Regular Second Appeal into a Miscellaneous

Second Appeal.

3. The present Regular Second Appeal is disposed off

for statistical purpose. Learned counsel for the appellants to do

the needful regarding conversion before the Registry within

two weeks.

SD/-

JUDGE

ABK