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Sri U M Nataraj vs Sri N M Ananda
2025 Latest Caselaw 5702 Kant

Citation : 2025 Latest Caselaw 5702 Kant
Judgement Date : 18 August, 2025

Karnataka High Court

Sri U M Nataraj vs Sri N M Ananda on 18 August, 2025

                                                  -1-
                                                                NC: 2025:KHC:32121
                                                              RSA No.1118 of 2015
                                                         C/W RSA Nos.1136 of 2015
                                                                   & 1499 of 2015
                       HC-KAR



                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 18TH DAY OF AUGUST, 2025

                                                BEFORE
                                 THE HON'BLE MR. JUSTICE E.S.INDIRESH
                             REGULAR SECOND APPEAL NO.1118 OF 2015 (SP)
                                                 C/W
                              REGULAR SECOND APPEAL NO.1136 OF 2015 &
                                             1499 OF 2015


                       IN RSA NO.1118 OF 2015

                       BETWEEN:

                       1. SMT. M. YASHODAMMA
                          W/O SRI. K. ANNAJI
                          AGED ABOUT 56 YEARS
                          KERALAPURA VILLAGE AND POST
                          ARAKALAGUDU TALUK
                          HASSAN DISTRICT - 573136.
                                                                     ... APPELLANT

Digitally signed by    (BY SRI. SHIVAPRASAD E., ADVOCATE)
SHARMA ANAND
CHAYA
Location: HIGH COURT
OF KARNATAKA           AND:

                       1.    N.M. ANANDA
                             S/O SRI. T.N.MANDANNA
                             AGED ABOUT 63 YEARS
                             H. NO.10, KRISHNA LANE
                             KANNANDABANE
                             MADIKERI TOWN AND POST
                             KODAGU DISTRICT - 571201.

                       2.    SMT. PARVATHAMMA
                             W/O LATE S.M.MALLAPPA
                           -2-
                                          NC: 2025:KHC:32121
                                      RSA No.1118 of 2015
                                 C/W RSA Nos.1136 of 2015
                                           & 1499 of 2015
HC-KAR



     AGED ABOUT 73 YEARS
     AGRICULTURIST
     1ST BLOCK, KUSHALANAGAR TOWN
     SOMWARPET TALUK
     KODAGU DISTRICT - 576111.

3.   SRI. U.M.LAKSHMANA
     S/O SRI. UNNI MODILIAR
     AGED ABOUT 69 YEARS
     3RD BLOCK, KUSHALANAGAR
     GRAMA PANCHAYATH
     SOMWARPET TALUK - 576111.

4.   U.M. NATARAJ
     S/O LATE S.M. MALLAPPA
     AGED ABOUT 59 YEARS
     R/AT BACKSIDE OF
     AYYAPPA TEMPLE,
     DANDINAPET,
     KUSHALNAGAR TOWN,
     SOMWARPET TALUK - 576111.

5.   SMT. S.M. SAVITHRAMMA
     D/O LATE S.M. MALLAPPA AND
     W/O KRISHNA
     AGED ABOUT 43 YEARS
     R/AT HITTANAHALLI POST
     PERIYAPATNA TALUK
     MYSURU DISTRICT - 571107.
                                          ... RESPONDENTS

(BY SRI. S.RAJASJHEKAR, ADVOCATE FOR R1;
R3, R4 ARE SERVED AND UNREPRESENTED;
V/O DATED 19.01.2018 NOTICE TO R2 IS HELD SUFFICIENT;
SRI B.N. PRAKASH, ADVOCATE FOR R5)

     THIS   REGULAR   SECOND     APPEAL   IS   FILED   UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE,        AGAINST THE
JUDGMENT    &   DECREE   DATED    18.04.2015    PASSED    IN
R.A.NO.36/2014 ON THE FILE OF THE I ADDITIONAL DISTRICT
                           -3-
                                        NC: 2025:KHC:32121
                                      RSA No.1118 of 2015
                                 C/W RSA Nos.1136 of 2015
                                           & 1499 of 2015
HC-KAR



JUDGE, KODAGU, MADIKERI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2014
PASSED IN EX.NO.63/2007 ON THE FILE OF THE SENIOR CIVIL
JUDGE, MADIKERI.

IN RSA NO.1136 OF 2015

BETWEEN:

1. SRI. U.M. NATARAJ
   S/O LATE S.M. MALLAPPA
   AGED ABOUT 60 YEARS
   R/AT BACKSIDE OF
   AYYAPPA TEMPLE,
   DANDINAPET,
   KUSHALNAGAR TOWN,
   SOMWARPET TALUK - 571 234.

2. SMT. S.M. SAVITHRAMMA
   D/O LATE S.M. MALLAPPA AND
   W/O SRI KRISHNA
   R/AT HITTANAHALLI POST
   PERIYAPATNA TALUK
   MYSURU DISTRICT - 571107.
                                            ... APPELLANTS
(BY SRI. B.N. PRAKASH, ADVOCATE)

AND:

1.   SRI N.M. ANANDA
     S/O SRI. T.N.MANDANNA
     AGED ABOUT 64 YEARS
     H. NO.10
     KRISHNA LANE
     KANNANDABANE
     MADIKERI TOWN AND POST
     KODAGU DISTRICT - 571201.
                           -4-
                                          NC: 2025:KHC:32121
                                      RSA No.1118 of 2015
                                 C/W RSA Nos.1136 of 2015
                                           & 1499 of 2015
HC-KAR



2.   SMT. PARVATHAMMA M.,
     W/O LATE SRI. S.M.MALLAPPA
     AGRICULTURIST
     1ST BLOCK, KUSHALANAGAR TOWN
     MADIKERI - 571201.

3.   SRI. U.M.LAKSHMANA
     S/O SRI. UNNI MODILIAR
     AGED ABOUT 70 YEARS
     3RD BLOCK, KUSHALANAGAR
     GRAMA PANCHAYATH
     SOMWARPET TALUK - 571234.

4.   SMT. M. YASHODAMMA
     W/O SRI. K. ANNAJI
     AGED ABOUT 57 YEARS
     KERALAPURA VILLAGE AND POST
     HASSAN DISTRICT - 573136.

                                           ... RESPONDENTS

(BY SRI. S.RAJASJHEKAR, ADVOCATE FOR R1;
R2, R3, R4 ARE SERVED AND UNREPRESENTED;
SRI SHIVAPRASAD E., ADVOCATE FOR R4)

     THIS   REGULAR   SECOND     APPEAL   IS   FILED   UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE,        AGAINST THE
JUDGMENT    &   DECREE   DATED    18.04.2015    PASSED    IN
R.A.NO.36/2014 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE, KODAGU, MADIKERI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2014
PASSED IN EX.NO.63/2007 ON THE FILE OF THE SENIOR CIVIL
JUDGE, MADIKERI.
                           -5-
                                       NC: 2025:KHC:32121
                                     RSA No.1118 of 2015
                                C/W RSA Nos.1136 of 2015
                                          & 1499 of 2015
HC-KAR



IN RSA NO.1499 OF 2015

BETWEEN:

1. N.M. ANANDA
   S/O SRI. T.N.MANDANNA
   AGED ABOUT 72 YEARS
   H. NO.10
   KRISHNA LANE
   KANNANDABANE
   MADIKERI TOWN AND POST
   KODAGU DISTRICT - 571201.
                                            ... APPELLANT
(BY SRI. S. RAJASHEKAR, ADVOCATE)

AND:

1.   S.M. NATARAJ
     S/O LATE S.M. MALLAPPA
     AGED ABOUT 60 YEARS
     R/AT BACKSIDE OF
     AYYAPPA TEMPLE,
     DANDINAPET,
     KUSHALNAGAR TOWN,
     SOMWARPET TALUK - 571201.

2.   SMT. S.M. SAVITHRAMMA
     D/O LATE S.M. MALLAPPA AND
     W/O KRISHNA
     AGED ABOUT 44 YEARS
     R/AT HITTANAHALLI POST
     PERIYAPATNA TALUK
     MYSURU DISTRICT - 571134.

3.   SMT. M. PARVATHAMMA
     W/O LATE S.M.MALLAPPA
     AGED ABOUT 74 YEARS
     AGRICULTURIST
     1ST BLOCK, KUSHALANAGAR TOWN
     SOMWARPET TALUK
     KODAGU DISTRICT - 571201.
                           -6-
                                          NC: 2025:KHC:32121
                                      RSA No.1118 of 2015
                                 C/W RSA Nos.1136 of 2015
                                           & 1499 of 2015
HC-KAR




4.   SRI. U.M.LAKSHMANA
     S/O SRI. UNNI MODILIAR
     AGED ABOUT 70 YEARS
     3RD BLOCK, KUSHALANAGAR
     GRAMA PANCHAYATH
     SOMWARPET TALUK - 571201.

5.   SMT. M. YASHODAMMA
     D/O LATE S.M. MALLAPPA
     W/O SRI. K. ANNAJI
     AGED ABOUT 57 YEARS
     KERALAPURA VILLAGE AND POST
     HASSAN DISTRICT - 573201.


                                           ... RESPONDENTS

(BY SRI. B.N. PRAKASH, ADVOCATE FOR R1 & R2;
SRI. ASHWATH C.M., ADVOCATE FOR R4;
SRI. SHIVAPRASAD E., ADVOCATE FOR R5;
V/O DATED 23.10.2024 NOTICE TO R3 IS HELD SUFFICIENT)

     THIS   REGULAR   SECOND     APPEAL   IS   FILED   UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE,        AGAINST THE
JUDGMENT    &   DECREE   DATED    18.04.2015    PASSED    IN
R.A.NO.36/2014 ON THE FILE OF THE I ADDITIONAL DISTRICT
JUDGE, KODAGU, MADIKERI, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 29.11.2014
PASSED IN EX.NO.63/2007 ON THE FILE OF THE SENIOR CIVIL
JUDGE, MADIKERI.

     THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR. JUSTICE E.S.INDIRESH
                             -7-
                                         NC: 2025:KHC:32121
                                       RSA No.1118 of 2015
                                  C/W RSA Nos.1136 of 2015
                                            & 1499 of 2015
HC-KAR



                     ORAL JUDGMENT

RSA No.1118 of 2015 is filed by Judgment Debtor

No.4, (for short, 'JDR') challenging the judgment and

decree dated 18.04.2015 passed in RA.No.36 of 2014 on

the file of the I Additional District Judge, Kodagu, at

Madikeri, dismissing the appeal and confirming the order

dated 29.11.2014 passed in Ex.No.63 of 2007 on the file

of the Senior Civil Judge at Madikeri, dismissing IA No.IX

filed by the objectors.

2. RSA No. 1136 of 2015 is filed by Objectors,

challenging the judgment and decree dated 18.04.2015

passed in RA.No.36 of 2014 on the file of the I Additional

District Judge, Kodagu, at Madikeri, dismissing the appeal

and confirming the order dated 29.11.2014 passed in

Ex.No.63 of 2007 on the file of the Senior Civil Judge at

Madikeri, dismissing IA No.IX filed by the objectors.

3. RSA No.1499 of 2015 is filed by Decree

Holder/Assignee, challenging the judgment and decree

dated 18.04.2015 passed in RA.No.36 of 2014 on the file

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& 1499 of 2015 HC-KAR

of the I Additional District Judge, Kodagu, at Madikeri,

dismissing the appeal and confirming the order dated

29.11.2014 passed in Ex.No.63 of 2007 on the file of the

Senior Civil Judge at Madikeri, dismissing IA No.IX filed by

the objectors.

4. For the sake of convenience, the parties in this

appeal shall be referred to in terms of their status and

ranking before the trial Court.

5. Relevant facts for the adjudication of the case

are that, one M.M. Thimmaiah, and Smt. Malathi, had filed

suit in OS No.35 of 1997 on the file of Civil Judge, Kodagu,

Madikeri, seeking relief of specific performance of the

agreement dated 22.02.1993 and the said suit came to be

decreed by judgment and decree dated 30.11.2006.

Thereafter, the Decree Holders have transferred the

decree under Order XXI Rule 16 of CPC in favour of N.M.

Ananda-Assignee, (Appellant in RSA No.1499 of 2015).

The said assignee has filed an application under Order XXI

Rule 16 of CPC, to draft the Sale Deed which came to be

NC: 2025:KHC:32121

& 1499 of 2015 HC-KAR

allowed by the Trial Court and accordingly, registered Sale

Deed was executed in the Execution proceedings. During

the pendency of the execution proceedings, JDR No.1 died

and his legal representatives were brought on record. JDR

No.1(a) and 1(b) have filed application under Order XXI

Rule 95 of CPC and sought to object for the execution of

the decree. It is also forthcoming from the finding

recorded by the Executing Court that, the original

defendant - S.M. Mallapa, had filed Form No.7, before the

Land Tribunal, Somvarpet, seeking occupancy rights in

respect of the subject land and order of Land Tribunal is

produced at Ex.D2 and Ex.D3. It is the contention of the

objectors that, the Tribunal confirmed the occupancy right

in favour of the Judgment Debtor No.1-S.M. Mallappa, and

same would enure to the benefit of members of the joint

family and therefore, the said S.M. Mallappa, has no

authority under law to enter into Agreement dated

22.02.1993 with the plaintiffs, in OS No.35 of 1997. It is

further case of the objectors that, the Sale Agreement is

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& 1499 of 2015 HC-KAR

hit by Section 61 of the Karnataka Land Reforms Act, 1961

and Agreement of Sale itself is void document and

therefore, objected for execution of the judgment and

decree passed in OS No. 35 of 1997. The application filed

by the objectors in IA No.IX, in Ex.No.63 of 2007 came to

be dismissed by order dated 29.11.2014 by the Trial Court

and feeling aggrieved by the same, legal representatives

of JDR No.1/objectors, have filed RA.No.36 of 2014 before

First Appellate Court and the said appeal came to be

dismissed, consequently, confirming the order dated

29.11.2014 in Ex.No.63 of 2007. Feeling aggrieved by the

same, objectors have filed RSA No.1136 of 2015, JDR No.4

has filed RSA No.1118 of 2015 and the Assignee/Decree

Holder has filed RSA No.1499 of 2015.

6. This court vide order dated 23.03.2021

formulated following substantial question of law:

i. Whether the Courts below committed an error in construing an agreement of sale dated 22.02.1993 as an "alienation" for the purpose of Section 6 of the Hindu Succession (Amendment) Act, 2005?

- 11 -

NC: 2025:KHC:32121

& 1499 of 2015 HC-KAR

ii. Whether the Courts below committed an error in holding that the agreement of sale dated 22.02.1993 to which the objectors were not parties, bound the objectors as well, on the ground that the sale agreement was executed to meet the legal necessities of the family?

iii. Whether the Courts below committed an error in not noticing the fact that the decree holder or the assignee of the decree had failed to adduce any evidence regarding the legal necessity that compelled the sale of the suit property in terms of the agreement of sale dated 22.02.1993?

iv. Whether the Courts below committed an error in not restricting the decree to the share of the vendor under the agreement of sale dated 22.02.1993, in the face of findings of the Courts below that the grant of the suit property by the Land Tribunal enured to the benefit of the members of the family?

7. I have heard Sri. Shivaprasad E., learned

counsel appearing for appellant in RSA No.1118 of 2015,

for the respondent No.4 in RSA No.1136 of 2015 and for

the respondent No.5 in RSA No.1499 of 2015; Sri. S.

Rajashekar, learned counsel appearing for the respondent

No.1 in RSA No.1118 of 2015 and in RSA No.1136 of 2015

and for the appellant in RSA No.1499 of 2015; Sri. B.N.

- 12 -

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& 1499 of 2015 HC-KAR

Prakash, learned counsel appearing for the respondent

No.5 in RSA No.1118 of 2015, for the appellants in RSA

No.1136 of 2015 and for respondent Nos.1 and 2 in RSA

No.1499 of 2015 and Sri. Ashwath C. M., learned counsel

appearing for the respondent No.4 in RSA No.1499 of

2015.

8. Sri. Shivaprasad .E, learned counsel for the

appellant in RSA No.1118 of 2015 argued that OS No.35 of

1997 filed by the original plaintiff seeking relief of specific

performance against the father of the objector and the

said suit, came to be decreed on 30.11.2006. It is also

submitted that, father of the appellants have filed RFA

No.537 of 2007 before this Court and the appeal came to

be dismissed for default on 02.03.2007. It is the principal

argument of the learned counsel for the appellant that,

since the land in question has been granted by the Land

Tribunal in favour of the father of the objectors, as per

Form No.10 dated 23.05.1981 and father of the objectors

had entered into Agreement of Sale dated 22.02.1993 with

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& 1499 of 2015 HC-KAR

the plaintiff in the suit, for total consideration of

Rs.2,10,000/- by receiving sum of Rs.80,000/- as advance

amount and the said agreement is void as per Section 61

of the Karnataka Land Reforms Act, 1961 and in this

regard, learned counsel for the appellant, places reliance

on the judgment of the Hon'ble Supreme Court, in the

case of Narayanamma and Another vs. Govindappa

and Others reported in (2019) 19 SCC 42 and argued

that, since the said Sale Agreement is void and illegal,

therefore, the judgment and decree passed by the Trial

Court is nonest in law and accordingly, sought for

interference of this court.

9. Nextly, it is argued by the Sri. Shivaprasad E.,

learned counsel for the appellant by referring the

judgment of the Hon'ble Supreme Court in the case of

Brakewel Automative Components (India) Private

Limited vs. P. R. Selvam Alagappan reported in

(2017) 5 SCC 371 that, when a decree is nullity in law

and therefore, the Executing Court has no jurisdiction for

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NC: 2025:KHC:32121

& 1499 of 2015 HC-KAR

issuing direction to execute the registered Sale Deed in

favour of the original plaintiffs /assignee and accordingly,

sought for interference of this Court. It is also contended

by the learned counsel for the appellant that, as the

judgment and decree in OS No.35 of 1997 is nullity in law

and as such, the decree is inexecutable decree and

therefore, submitted that both the courts below have

committed an error in dismissing the application, filed by

the objectors as well as the legal representatives of the

defendant No.1.

10. Sri. B.N. Prakash, learned counsel appearing for

the appellants in RSA No.1136 of 2015, argued on similar

lines with the appellant in RSA No.1118 of 2015 and

further contended that since the land in question has been

granted in favour of the father of the objectors and

therefore, the grant shall enure to the benefit of the entire

family and therefore, the objectors and the legal

representatives deceased S.M. Mallappa had legal right

over the property in question and in this regard, he places

- 15 -

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& 1499 of 2015 HC-KAR

reliance on the judgment of the Hon'ble Supreme Court in

the case of Thimmappa Rai vs. Ramanna and Others

reported in (2007) 14 SCC 63 and in the case of Suraj

Lamp and Industries Private Limited vs. State of

Haryana and Another reported in (2012) 1 SCC 656

and further contended that, the Agreement of Sale does

not create any interest in favour of parties under the said

agreement except seeking relief of specific performance

against the share of the seller is the Joint family and

therefore, in view of Section 61 of the Karnataka Land

Reforms Act, the Agreement is void and accordingly,

sought for interference of this Court. Learned counsel for

the appellants also places reliance on the judgment of the

Hon'ble Supreme Court in the case of Vinod Infra

Developers Ltd vs. Mahaveer Lunia and Others

reported in 2025 SCC Online SC 1208 and submitted

that no interest be created in favour of purchasers of the

land in question which is admittedly a grant, made by the

Land Tribunal in favour of the father of the objectors.

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& 1499 of 2015 HC-KAR

11. Per contra, Sri. S. Rajashekar, learned counsel

for the appellant in RSA No.1499 of 2015 and contesting

respondents in aforementioned appeals, refers to the Gift

Deed dated 02.08.2002 (Ex.P5) said to have been

executed by S.M. Mallappa in favour of U.M. Nataraj,

(objector) and also, referred to the cause title in OS No.35

of 1997 and submitted that, the wife of the Mallappa-Smt.

M. Parvatamma, and daughter of Mallappa-M.

Yashodamma, were arraigned as defendant Nos.2 and 4 in

the above suit and therefore, these defendants, were well-

aware about the execution of the Agreement of Sale made

in favour of original plaintiff and accordingly, sought for

dismissal of the appeals in RSA No.1118 of 2015 and RSA

No.1136 of 2015.

12. In the light of the submission made by the

learned counsel appearing for the parties, it is not in

dispute that one M.M. Thimmaiah and Smt. Malathi have

filed OS.No.35 of 1997 against S.M. Mallappa (father of

the objectors) and JDR No.4 in Ex.No.63 of 2016. JDR

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& 1499 of 2015 HC-KAR

No.2 in Ex. No.63 of 2007 is the wife of late S.M.

Mallappa. The said suit is filed by the plaintiff, claiming

right over the property based on the Agreement of Sale

dated 22.02.1993. It is forthcoming from the Agreement

of Sale as well as paragraph 8 in the plaint that, the land

in question is granted in favour of the father of the

objectors and there is a bar to alienate the suit property.

It is also to be noted and not disputed that, the land in

question is granted in favour of father of the Objectors and

Form No.10 has been issued by the Government in favour

of the father of the Objectors. Though the said suit came

to be decreed by the Trial Court, as per judgment and

decree dated 30.11.2006, however, the bar of alienation

made in the order of grant made by the Government is for

a period of 15 years and, as the Sale Agreement was

entered into between the plaintiffs and defendants therein,

on 22.02.1993, within the non-alienation period and same

is hit by Section 61 of the Karnataka Land Reforms Act,

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& 1499 of 2015 HC-KAR

1961. The Hon'ble Supreme Court in the case of

Narayanamma (supra) at paragraph 24 held as follows:

"24. The transaction between the late Bale Venkataramanappa and the plaintiff is not disputed. Initially the said Bale Venkataramanappa had executed a registered mortgage deed in favour of the plaintiff. Within a month, he entered into an agreement to sell wherein, the entire consideration for the transfer as well as handing over of the possession was acknowledged. It could thus be seen, that the transaction was nothing short of a transfer of property. Under Section 61 of the Reforms Act, there is a complete prohibition on such mortgage or transfer for a period of 15 years from the date of grant. Sub-section (1) of Section 61 of the Reforms Act begins with a non-

obstante clause. It is thus clear that, the unambiguous legislative intent is that no such mortgage, transfer, sale, etc. would be permitted for a period of 15 years from the date of grant. Undisputedly, even according to the plaintiff, the grant is of the year 1983, as such, the transfer in question in the year 1990 is beyond any doubt within the prohibited period of 15 years. Sub- section (3) of Section 61 of the Reforms Act makes the legislative intent very clear. It provides, that any transfer in violation of sub-section (1) shall be invalid and it also provides for the consequence for such invalid transaction."

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13. In view of the dictum of the Hon'ble Supreme

Court stated above, as the Land Tribunal has conferred

occupancy rights in favour of father of the Objectors by

issuing Form No.7 vide order passed in KNRSR7/D,

D8/1975-76 and Certificate of Occupancy Right was issued

in Form No.10 on 10.11.1981 and the Agreement of Sale

was entered into between the father of the Objectors with

the Agreement Holder - M.M. Thimmaiah on 22.02.1993

within the stipulated period of 15 years and therefore, the

said Agreement of Sale dated 22.02.1993 is in violation of

the order of Grant made in favour of father of the

objectors and as such, I find force in the submission made

by the learned counsel appearing for the appellant in RSA

No.1118 of 2015. In view of the dictum of the Hon'ble

Supreme Court in Narayanamma's case (supra) and also

as the subject land is the joint family property of the

father of the objectors - S.M. Mallappa and in view of the

judgment of the Hon'ble Supreme Court in the case of

Thimmappa Rai's case (supra), the members of the joint

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family property are entitled for share in the granted land

and such granted land has to be considered as the Hindu

joint family property and therefore, the Objectors have

legal right over the property in question and same has to

be devolved amongst the legal heirs of deceased S.M.

Mallappa.

14. In the backdrop of these established principles

of law, the plaintiff in OS.No.35 of 1997, though succeeds

in the suit, however, the said judgment and decree is

contrary to the declaration of law made by the Hon'ble

Supreme Court in the case of Narayanamma (supra) and

therefore, the judgment and decree dated 30.11.2006 in

O.S.No.35 of 1997 is nullity in law and same cannot be

executable in the Execution petition. In that view of the

matter, as the original decree Holder-plaintiff in O.S.No.35

of 1997 has not acquired the right in respect of the land in

question and as such, the assignee of the original decree

holder - appellant in RSA No.1136 of 2015 has no right to

claim on the property in question. Therefore, the Trial

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Court has committed an error in rejecting IA No.IX filed by

the objectors and same has been erroneously dismissed

by the First Appellate Court in R.A. No.36 of 2002. It is

also pertinent to mention here that, though the learned

counsel appearing for the appellant in RSA No.1499 of

2015 raised plea of res-judicata, since Smt. M.

Pravathama and Smt. M.Yashodamma were arrayed as

parties in the earlier proceedings in O.S.No.25 of 1997, I

am of the opinion that, Section 11 of CPC is not applicable

in the peculiar circumstances of the case, as this Court has

arrived at the conclusion that the judgment and decree in

O.S.No.35 of 1997 itself is contrary to the judgment of the

Hon'ble Supreme Court in Narayanamma's case, I do not

find substance in the submission of the learned Counsel

for the appellant in RSA 1499 of 2015. Accordingly, the

substantial question of law referred to above favours the

Objectors.

15. Hence, I pass the following:

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ORDER

i) RSA 1118 of 2015 and RSA 1136 of 2015 are

hereby allowed. RSA 1499 of 2015 is hereby

dismissed.

ii) Application filed by the Objectors in IA No.IX in

Ex.No.63 of 2007 is hereby allowed. Accordingly,

the judgment and decree dated 30.11.2006 in OS

No.35 of 1997 on the file of Civil Judge (Sr.Dn.),

Madikeri is hereby set aside.

iii) Suit in O.S.35 of 1997 on the file of Civil Judge

(Sr.Dn.), Madikeri, is hereby dismissed.

SD/-

(E.S.INDIRESH) JUDGE

SB

 
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LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

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LatestLaws Partner Event : IJJ

 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 
 
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