Karnataka High Court
Girija vs Vijaya on 5 November, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:44326
RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO.184 OF 2011 (RES)
C/W
REGULAR SECOND APPEAL NO.182 OF 2011 (POS)
REGULAR SECOND APPEAL NO.183 OF 2011 (POS)
BETWEEN:
1. GIRIJA,
W/O LATE DHANANJAYA,
AGED 83 YEARS, R/A KANHANGAD,
KASARGOD DISTRICT & POST,
KERALA - 670 315.
2. RATHNAVATHI,
W/O LATE BHASKAR,
AGED 58 YEARS,
R/A KEMMAI, CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
3. SHARADA,
D/O LATE DHANANJAYA,
Digitally signed
AGED 70 YEARS,
by ANUSHA V 4. KASTHURI,
Location: High D/O LATE DHANANJAYA,
Court Of AGED 64 YEARS,
Karnataka
5. MADHAVA,
S/O LATE DHANANJAYA,
AGED 59 YEARS,
RESPONDENTS NO.3 TO 5 ARE
R/A KEMMAI, CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. DISTRICT - 574 201.
6. MONAPPA,
S/O APPAYYA,
AGED 53 YEARS,
7. PRAJWAL,
S/O MONAPPA,
AGED 20 YEARS,
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NC: 2024:KHC:44326
RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
8. PRUTHVI,
S/O MONAPPA,
AGED 17 YEARS,
NO.6 IS THE HUSBAND OF
APPELLANT NO.7 SUMATHI AND NO.7 & 8 ARE
HER SONS, NO.8 BEING A MINOR, IS REP. BY
MONAPPA, FATHER/NATURAL GUARDIAN.
RESPONDENT NOS.6 TO 8 ARE
R/AT OPP. PRASANNA EDUCATION TRUST,
ITI COLLEGE, RAMANAGAR MAIN ROAD,
SATHEKATTE, BELTHANGADY TALUK,
D.K.DISTRICT - 574 214.
9. CHANDRASHEKAR,
S/O LATE DHANANJAYA,
AGED 47 YEARS, R/AT KEMMAI,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
...APPELLANTS (COMMON IN ALL APPEALS)
[BY SMT. NEERAJA KARANTH, ADVOCATE (PH)]
IN RSA No.184/2011:
AND:
1. SHIVAMMA,
AGED ABOUT 62 YEARS,
W/O HONNAPPA GOWDA,
R/AT PATTA, BANNUR VILALGE,
PUTTUR TALUK, D.K. - 574 201.
2. GIRIJA,
AGED ABOUT 55 YEARS,
W/O NAGARAJA, R/AT DARUNDAKAKKU,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
3. RUKMINI,
AGED ABOUT 51 YEARS,
W/O SHRIDHARA, R/A NEHRUTHOTA,
HIREBANDADY VILLAGE,
PUTTUR TALUK D.K. - 574 201.
4. SHIVAPPA GOWDA,
AGED ABOUT 56 YEARS,
S/O LATE NAGAPPA GOWDA,
5. SHESHAPPA GOWDA,
AGED ABOUT 56 YEARS,
S/O LATE NAGAPPA GOWDA,
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RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
6. HONNAPPA GOWDA,
AGED ABOUT 46 YEARS,
S/O LATE NAGAPPA GOWDA,
RESPONDENTS NO.4 TO 6 ARE
R/AT BEERIGE HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK D.K. - 574 201.
7. VIMALA D. JAIN,
AGED ABOUT 60 YEARS,
W/O D.JAIN, R/AT KUMBRUGA HOUSE
CHIKKAMUDNOOR VILLAGE,
PUTTUR, D.K. - 574 201.
8. BHANUMATHI CHITTARANJAN,
AGED ABOUT 58 YEARS,
W/O CHITTARANJAN,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR, D.K. - 574 201.
9. SWARNALATHA D RAJ,
W/O DHARMARAJ ARIGA,
D/O VASANT KUMARI,
AGED ABOUT 55 YEARS,
R/AT BELLANDOOR HOUSE,
KALMANJA VILLAGE,
PUTTUR D.K. - 574 201.
10. K SUBHASHCHANDRA RAI
AGED ABOUT 52 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KRISHNA NAGARA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
11. K. PRAKASH CHADNRA RAI,
AGED ABOUT 49 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
12. SHALINI AJITH,
AGED ABOUT 47 YEARS,
W/O LATE AJITH RAI,
R/AT NEAR HANDEL GUTHU,
MIJAR POST, MOODABIDRI,
D.K. DISTRICT - 574 201.
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RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
13. JAGADEESH CHANDRA RAI,
AGED ABOUT 45 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. -574 201.
14. SOWMYA PRASAD,
AGED ABOUT 43 YEARS,
W/O PADMA PRASAD,
D/O VASANTHA KUMARI,
R/AT PARIJATHA HOUSE,
RAGHAVENDRA MUTT ROAD,
RAVINDRA NAGAR, HASSAN - 573 201.
15. VIJAYA,
W/O LATE DUGGANNA GOWDA,
AGED ABOUT 59 YEARS,
16. VASANTHA KUMAR,
S/O LATE DUGGANNA GOWDA,
AGED ABOUT 33 YEARS,
17. MISS LEKHASHREE,
D/O LATE DUGGANNA GOWDA,
AGED ABOUT 29 YEARS,
18. VIVEK KUMAR,
S/O LATE DUGGANNA GOWDA,
AGED ABOUT 28 YEARS,
R15 TO R18 ARE R/AT SAMETHADKA HOUSE,
SAMETHADKA, PUTTUR TALUK D.K.-574 201.
19. NEMUGOWDA,
S/O KARIYA GOWDA,
AGED ABOUT 73 YEARS,
R/AT BEERIGA, CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK D.K. - 574 201.
20. PONNAKKA,
W/O ANTHAPPA GOWDA,
AGED ABOUT 65 YEARS,
R/AT MALA, KOILA VILLAGE,
PUTTUR TQ, D.K. - 574 201.
...RESPONDENTS
(BY SRI K.CHANDRANATH ARIGA, ADVOCATE FOR R1, R2, R4 & R6;
SRI A. KESHAV BHAT & SRI G.L. MOHAN MAIYA, ADVS. FOR R8;
R10, R11, R15 TO R18; R9, R12, R13, R14 & R20 ARE SERVED;
V/O DATED 23.04.2021 APPEAL AGAINST R3, R5, R7 & R19
STANDS DISMISSED)
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NC: 2024:KHC:44326
RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 21.09.2010 PASSED IN
R.A.NO.63/08 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE,
PUTTUR, D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 28.03.2008 PASSED IN
O.S.NO.340/69 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
(JR.DN.), PUTTUR, D.K.
IN R.S.A NO.182/2011:
AND:
1. VIMALA D. JAIN,
AGED ABOUT 60 YEARS,
W/O D.JAIN, R/AT KUMBRUGA HOUSE
CHIKKAMUDNOOR VILLAGE, PUTTUR, D.K. - 574 201.
2. BHANUMATHI CHITTARANJAN,
AGED ABOUT 58 YEARS,
W/O CHITTARANJAN,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR, D.K. - 574 201.
3. SWARNALATHA D RAJ,
W/O DHARMARAJ ARIGA,
D/O VASANT KUMARI,
AGED ABOUT 55 YEARS,
R/AT BELLANDOOR HOUSE,
KALMANJA VILLAGE, PUTTUR D.K. - 574 201.
4. K. SUBHASHCHANDRA RAI,
AGED ABOUT 52 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KRISHNA NAGARA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
5. K. PRAKASH CHADNRA RAI,
AGED ABOUT 49 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
6. SHALINI AJITH,
AGED ABOUT 47 YEARS,
W/O LATE AJITH RAI,
R/AT NEAR HANDEL GUTHU,
MIJAR POST, MOODABIDRI,
D.K. DISTRICT - 574 201.
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NC: 2024:KHC:44326
RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
7. K. JAGADEESH CHANDRA RAI,
AGED ABOUT 45 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. -574 201.
8. SOWMYA PRASAD,
AGED ABOUT 43 YEARS,
W/O PADMA PRASAD,
D/O VASANTHA KUMARI,
R/AT PARIJATHA HOUSE,
RAGHAVENDRA MUTT ROAD,
RAVINDRA NAGAR, HASSAN - 573 201.
9. NEMUGOWDA,
S/O KARIYA GOWDA,
AGED ABOUT 73 YEARS,
R/AT BEERIGA, CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK D.K. - 574 201.
10. SHIVAPPA GOWDA,
AGED ABOUT 56 YEARS,
S/O LATE NAGAPPA GOWDA,
11. SHESHAPPA GOWDA,
AGED ABOUT 56 YEARS,
S/O LATE NAGAPPA GOWDA,
12. HONNAPPA GOWDA,
AGED ABOUT 46 YEARS,
S/O LATE NAGAPPA GOWDA,
RESPONDENTS NO.10 TO 12 ARE
R/AT BEERIGE HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK D.K. - 574 201.
13. GIRIJA,
W/O LATE DHANANJAYA,
AGED 83 YEARS, R/A KANHANGAD,
KASARGOD DISTRICT & POST,
KERALA - 670 315.
14. PONNAKKA,
W/O ANTHAPPA GOWDA,
AGED ABOUT 65 YEARS,
R/AT MALA, KOILA VILLAGE,
PUTTUR TQ, D.K. - 574 201.
15. SHIVAMMA,
AGED ABOUT 62 YEARS,
W/O HONNAPPA GOWDA,
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RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
R/AT PATTA, BANNUR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
16. RUKMINI,
AGED ABOUT 51 YEARS,
W/O SHRIDHARA,
R/A NEHRUTHOTA, HIREBANDADY VILLAGE,
PUTTUR TALUK D.K. - 574 201.
17. VIJAYA,
W/O LATE DUGGANNA GOWDA,
AGED ABOUT 59 YEARS,
18. VASANTHA KUMAR,
S/O LATE DUGGANNA GOWDA,
AGED ABOUT 33 YEARS,
19. MISS LEKHASHREE,
D/O LATE DUGGANNA GOWDA,
AGED ABOUT 29 YEARS,
20. VIVEK KUMAR,
S/O LATE DUGGANNA GOWDA,
AGED ABOUT 28 YEARS,
R17 TO R20 ARE R/AT SAMETHADKA HOUSE,
SAMETHADKA, PUTTUR TALUK D.K.-574 201.
...RESPONDENTS
(BY SRI A. KESHAVA BHAT, ADV. FOR R2; R5, R17 TO R20;
R3, R4, R6, R7, R10, R12, R13, R14, R15 ARE SERVED;
V/O DATED 23.04.2021 APPEAL AGAINST R1, R9, R11 & R16
STANDS DISMISSED; V/O DATED 23.04.2021 NOTICE TO R8
IS HELD SUFFICIENT)
THIS RSA NO.182/2011 IS FILED UNDER SEC.100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 21.09.2010 PASSED
IN R.A.NO.63/08 ON THE FILE OF THE PRL. SENIOR CIVIL
JUDGE,PUTTUR,D.K.ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 28.03.2008 PASSED IN
O.S.NO.340/69 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
(JR.DN.), PUTTUR,D.K.
IN RSA NO.183/2011:
AND:
1. VIJAYA,
W/O LATE DUGGANNA GOWDA,
AGED ABOUT 59 YEARS,
2. VASANTHA KUMAR,
S/O LATE DUGGANNA GOWDA,
AGED ABOUT 33 YEARS,
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RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
3. MISS LEKHASHREE,
D/O LATE DUGGANNA GOWDA,
AGED ABOUT 29 YEARS,
4. VIVEK KUMAR,
S/O LATE DUGGANNA GOWDA,
AGED ABOUT 28 YEARS,
R17 TO R20 ARE R/AT SAMETHADKA HOUSE,
SAMETHADKA, PUTTUR TALUK D.K.-574 201.
5. NEMUGOWDA,
S/O KARIYA GOWDA,
AGED ABOUT 73 YEARS, R/AT BEERIGA,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK D.K. - 574 201.
6. VIMALA D. JAIN,
AGED ABOUT 60 YEARS, W/O D.JAIN,
R/AT KUMBRUGA HOUSE
CHIKKAMUDNOOR VILLAGE,
PUTTUR, D.K. - 574 201.
7. BHANUMATHI CHITTARANJAN,
AGED ABOUT 58 YEARS,
W/O CHITTARANJAN,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR, D.K. - 574 201.
8. SWARNALATHA D RAJ,
W/O DHARMARAJ ARIGA,
D/O VASANT KUMARI,
AGED ABOUT 55 YEARS,
R/AT BELLANDOOR HOUSE,
KALMANJA VILLAGE, PUTTUR D.K. - 574 201.
9. K SUBHASHCHANDRA RAI
AGED ABOUT 52 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KRISHNA NAGARA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
10. K. PRAKASH CHADNRA RAI,
AGED ABOUT 49 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. - 574 201.
11. SHALINI AJITH,
AGED ABOUT 47 YEARS,
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RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
W/O LATE AJITH RAI,
R/AT NEAR HANDEL GUTHU,
MIJAR POST, MOODABIDRI,
D.K. DISTRICT - 574 201.
12. JAGADEESH CHANDRA RAI,
AGED ABOUT 45 YEARS,
S/O LATE SANTHAPPA RAI,
R/AT KUMBRUGA HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK, D.K. -574 201.
13. SOWMYA PRASAD,
AGED ABOUT 43 YEARS,
W/O PADMA PRASAD,
D/O VASANTHA KUMARI,
R/AT PARIJATHA HOUSE,
RAGHAVENDRA MUTT ROAD,
RAVINDRA NAGAR, HASSAN - 573 201.
14. SHIVAPPA GOWDA,
AGED ABOUT 56 YEARS,
S/O LATE NAGAPPA GOWDA,
15. SHESHAPPA GOWDA,
AGED ABOUT 56 YEARS,
S/O LATE NAGAPPA GOWDA,
16. HONNAPPA GOWDA,
AGED ABOUT 46 YEARS,
S/O LATE NAGAPPA GOWDA,
RESPONDENTS NO.14 TO 16 ARE
R/AT BEERIGE HOUSE,
CHIKKAMUDNOOR VILLAGE,
PUTTUR TALUK D.K. - 574 201.
...RESPONDENTS
(BY SRI A. KESHAVA BHAT, ADV. FOR R1 TO R4, R7 & R10;
R8, R9, R11, R12, R14, R16 ARE SERVED;
V/O DATED 23.04.2021 NOTICE TO R13 IS H/S;
V/O DATED 23.04.2021 APPEAL AGAINST R5, R6, & R15
STANDS DISMISSED)
THIS RSA NO.183/2011 IS FILED UNDER SEC.100 OF CPC.,
AGAINST THE JUDGMENT AND DECREE DATED 21.09.2010 PASSED
IN R.A.NO.63/08 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE,
PUTTUR, D.K. ALLOWING THE APPEAL AND SETTING ASIDE THE
JUDGMENT AND DECREE DATED 28.03.2008 PASSED IN
O.S.NO.340/69 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
(JR.DN.), PUTTUR,D.K.
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NC: 2024:KHC:44326
RSA No. 184 of 2011
C/W RSA No. 182 of 2011
RSA No. 183 of 2011
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
RSA.no.184/2011 and connected appeals are filed by
plaintiffs challenging divergent decree in suit for possession
against three different properties.
It is seen that as per order dated 23.04.2021, appeal is
dismissed against respondents no.3, 5, 7 and 19 in
RSA.no.184/2011 and likewise in connected appeals also,
appeal is dismissed against some contesting respondents.
In view of fact that steps are not taken, appeal against
remaining respondents would not be tenable. Consequently,
appeals are dismissed.
Sd/-
(RAVI V HOSMANI)
JUDGE
GRD
