Karnataka High Court
B Chikkavenkategowda S/O Lt Bachegowda vs Sri R V Ramachandregowda S/O Late ... on 8 November, 2024
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2024:KHC:45229
RSA No. 1354 of 2009
C/W RSA No. 1756 of 2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REGULAR SECOND APPEAL NO. 1354 OF 2009 (DEC/INJ)
C/W
REGULAR SECOND APPEAL NO. 1756 OF 2009 (DEC/INJ)
IN RSA NO.1354/2009:
BETWEEN:
B. CHIKKAVENKATEGOWDA,
S/O LT BACHEGOWDA,
SINCE DEAD HIS LRs,
a. SRI B.C.RAME GOWDA,
S/O LATE B.CHIKKAVENKATEGOWDA,
AGED ABOUT 58 YEARS,
RESIDING AT NO.4,
BENDIGANAHALLI VILLAGE,
SULIBELE HOBLI, HOSKOTE TALUK.
Digitally signed by b. DR. CHANDRE GOWDA,
ANUSHA V S/O LATE B. CHIKKAVENKATEGOWDA,
Location: High AGED ABOUT 55 YEARS,
Court Of R/AT NO.720/A7, 11TH MAIN,
Karnataka 9TH CROSS, HAL II STAGE,
INDIRANAGARA,
BANGALORE - 560 008.
c. SRI B.V. BYREGOWDA,
S/O LATE B. CHIKKAVENKATEGOWDA,
AGED ABOUT 50 YEARS,
RESIDING AT NO.4,
BENDIGANAHALLI VILLAGE,
SULIBELE HOBLI, HOSKOTE TALUK.
SRI B.V.PRAKASH,
S/O LATE B. CHIKKAVENKATEGOWDA,
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RSA No. 1354 of 2009
C/W RSA No. 1756 of 2009
AGED ABOUT 49 YEARS,
NO.171, TMN STREET,
NEW THIPPASANDRA,
4TH CROSS, 3RD MAIN,
HAL III STAGE, BANGALORE.
...APPELLANTS
[BY SRI P.M. SIDDAMALLAPPA, ADVOCATE (PH)]
AND:
1. SRI R.V. RAMACHANDREGOWDA
S/O LATE VENKATEGOWDA,
AGED ABOUT 64 YEARS,
R/A BENDIGANAHALLI VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.,
BANGALORE RURAL DISTRICT.
2. CHANDRASHEKARAGOWDA,
S/O LATE VENKATEGOWDA,
AGED ABOUT 69 YEARS,
R/A BENDIGANAHALLI VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.,
BANGALORE RURAL DISTRICT.
3. LAKSHMAIAH,
S/O LATE CHOWDAPPA,
SINCE DEAD BY LRs
3(a) SRI SUMAN KUMAR,
S/O LATE LAKSHMAIAH,
AGED ABOUT 45 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
3(b) SMT. VIJAY KUMAR,
S/O LATE LAKSHMAIAH,
AGED ABOUT 45 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
3(c) SMT. PARVATHAMMA,
W/O LATE LAKSHMAIAH,
AGED ABOUT 45 YEARS,
R/A DODDARALAGERE VILLAGE,
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NC: 2024:KHC:45229
RSA No. 1354 of 2009
C/W RSA No. 1756 of 2009
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
4. SRI SEENAPPA,
S/O LATE DODDAHUCHAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 70 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
5. DASAPPA
S/O LATE NARAYANAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 65 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
6. GOVINDAPPA
S/O LT. MUNISHAMAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 44 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
7. SRIRAMAIAH,
S/O LATE MUNISHAMAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 44 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
8. NARAYANAMMA
W/O LT. MUNISHAMAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 74 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
9. RATHNAMMA,
W/O LT. VENKATESHAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 44 YEARS,
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NC: 2024:KHC:45229
RSA No. 1354 of 2009
C/W RSA No. 1756 of 2009
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
10. JAYARAMA,
S/O LATE VENKATESHAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 34 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
11. SAVITHRAMMA,
W/O MUNIYAPPA,
AGED ABOUT 49 YEARS,
R/A RAJAKALLAHALLI VILLAGE,
VEMAGAL HOBLI AND POST,
KOLAR DIST.
12. SHYAMALAMMA,
W/O PILLAMUNISHAMAPPA.
AGED ABOUT 29 YEARS,
R/A DODDADASANAHALLI VILLAGE,
HUNASENAHALLI POST,
SIDLAGHATTA TQ., KOLAR DIST.
...RESPONDENTS
[BY SRI K. VARADARAJAN, ADVOCATE FOR
SRI A.G.NAGARAJA, ADV. FOR R3 (a - c),
C/4 TO R7, R9, R10, R11 & R12 (PH);
V/O/DTD 19.02.2019-APPEAL ABATES AGAINST R5;
V/O/DTD 13.10.2023-APPEAL ABATES AGAINST R8;
R1 & R2 ARE SERVED]
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT & DECREE DATED 12.08.2009 PASSED IN
R.A.NO.144/2005 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT-V, BANGALORE RURAL DISTRICT, BANGALORE,
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND
DECREE DATED 04.04.2005 PASSED IN OS.NO.216/1995 ON THE
FILE OF THE CIVIL JUDGE (JR.DN.) & JMFC., HOSKOTE.
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NC: 2024:KHC:45229
RSA No. 1354 of 2009
C/W RSA No. 1756 of 2009
IN RSA NO.1756/2009:
BETWEEN:
SRI B.C. VENKATESHGOWDA,
S/O LATE CHANNABYREGOWDA,
AGED ABOUT 70 YEARS,
R/A BENDIGANAHALLI VILLAGE,
SULIBELE HOBLI, HOSKOTE TALUK,
BANGALORE RURAL DISTRICT.
...APPELLANT
[BY SRI P.M. SIDDAMALLAPPA, ADVOCATE (PH)]
AND:
1. SRI R.V. RAMACHANDREGOWDA
S/O LATE VENKATEGOWDA,
AGED ABOUT 64 YEARS,
R/A BENDIGANAHALLI VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.,
BANGALORE RURAL DISTRICT.
2. CHANDRASHEKARAGOWDA,
S/O LATE VENKATEGOWDA,
AGED ABOUT 69 YEARS,
R/A BENDIGANAHALLI VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.,
BANGALORE RURAL DISTRICT.
3. LAKSHMAIAH,
S/O LATE CHOWDAPPA,
SINCE DEAD BY LRs
3(a) SRI SUMAN KUMAR,
S/O LATE LAKSHMAIAH,
AGED ABOUT 45 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
3(b) SMT. VIJAY KUMAR,
S/O LATE LAKSHMAIAH,
AGED ABOUT 45 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
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NC: 2024:KHC:45229
RSA No. 1354 of 2009
C/W RSA No. 1756 of 2009
BANGALORE RURAL DISTRICT.
3(c) SMT. PARVATHAMMA,
W/O LATE LAKSHMAIAH,
AGED ABOUT 45 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
4. SRI SEENAPPA,
S/O LATE DODDAHUCHAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 70 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
5. DASAPPA
S/O LATE NARAYANAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 65 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
6. GOVNDAPPA
S/O LT. MUNISHAMAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 44 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
7. SRIRAMAIAH,
S/O LATE MUNISHAMAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 44 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
8. NARAYANAMMA
W/O LT. MUNISHAMAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 74 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
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NC: 2024:KHC:45229
RSA No. 1354 of 2009
C/W RSA No. 1756 of 2009
BANGALORE RURAL DISTRICT.
9. RATHNAMMA,
W/O LT. VENKATESHAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 44 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
10. JAYARAMA,
S/O LATE VENKATESHAPPA,
S/O LATE LAKSHMAIAH,
AGED ABOUT 34 YEARS,
R/A DODDARALAGERE VILLAGE,
SULIBELE HOBLI, HOSKOTE TQ.
BANGALORE RURAL DISTRICT.
11. SAVITHRAMMA,
W/O MUNIYAPPA,
AGED ABOUT 49 YEARS,
R/A RAJAKALLAHALLI VILLAGE,
VEMAGAL HOBLI AND POST,
KOLAR DIST.
12. SHYAMALAMMA,
W/O PILLAMUNISHAMAPPA.
AGED ABOUT 29 YEARS,
R/A DODDADASANAHALLI VILLAGE,
HUNASENAHALLI POST,
SIDLAGHATTA TQ., KOLAR DIST.
...RESPONDENTS
[BY SRI K. VARADARAJAN, ADVOCATE FOR
SRI A.G.NAGARAJA, ADV. FOR R3 (a - c),
C/4 TO R7, R9, R10, R11 & R12 (PH);
V/O/DTD 19.02.2019-APPEAL ABATES AGAINST R5;
V/O/DTD 13.10.2023-APPEAL ABATES AGAINST R8;
R1 & R2 ARE SERVED]
THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST
THE JUDGMENT & DECREE DATED 12.08.2009 PASSED IN
R.A.NO.144/2005 ON THE FILE OF THE PRESIDING OFFICER, FAST
TRACK COURT-V, BANGALORE RURAL DISTRICT, BANGALORE,
ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND
-8-
NC: 2024:KHC:45229
RSA No. 1354 of 2009
C/W RSA No. 1756 of 2009
DECREE DATED 04.04.2005 PASSED IN OS.NO.216/1995 ON THE
FILE OF THE CIVIL JUDGE (JR.DN.) & JMFC., HOSKOTE.
THESE APPEALS ARE COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Learned counsel for respondents no.3 to 7, 9 to 12
submits that present appeals are by plaintiffs. Since both
appeals insofar as respondents no.5 and 8 are dismissed as
abated and relief sought in suit was for declaration and
permanent injunction, appeals against others would not survive
for consideration.
2. Learned counsel for appellants is unable to
controvert same.
In view of above, both appeals are dismissed as abated.
Sd/-
(RAVI V HOSMANI)
JUDGE
AV
