Karnataka High Court
A Balakrishne Gowda vs Sri M Mahadevegowda @ Appaji on 3 March, 2025
-1-
NC: 2025:KHC:9045
RSA No. 140 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
REGULAR SECOND APPEAL NO. 140 OF 2022 (PAR)
BETWEEN:
A BALAKRISHNE GOWDA
SON OF LATE ANKE GOWDA
AGED ABOUT 70 YEARS
THELLANURU VILLAGE AND POST
PALYA HOBLI, KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT - 571440
...APPELLANT
(BY SMT. H.C. LOKESHWARI, ADVOCATE)
AND:
1. SRI M MAHADEVEGOWDA @ APPAJI
Digitally AGED ABOUT 48 YEARS
signed by RESIDING AT YEDAMARANAHALLY VILLAGE
SUNITHA K S UYYAMBALLY HOBLI, KANAKAPURA TALUK
Location: RAMANAGARA DISTRICT - 562 159
HIGH COURT
OF 2. SRI M PUTTEGOWDA
KARNATAKA AGED ABOUT 46 YEARS
RESIDING AT CHIKKALURU VILLAGE
THELLANURU POST, PALYA HOBLI
KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT - 571 440
3. SRI M GOVINDA
AGED ABOUT 44 YEARS
RESIDING AT JAKKEGOWDANA DODDI VILLAGE
UYYAMBALLI HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562159
-2-
NC: 2025:KHC:9045
RSA No. 140 of 2022
SHAMBULINGE GOWDA
S/O LATE P. NANJAPPAGOWDA
SINCE DEAD BY LEGAL REPRESENTATIVES
4. SMT VASANTHA
AGED ABOUT 54 EARS
W/O SHAMBULINGE GOWDA
5. SMT JYOTHI T N
AGED ABOUT 40 YEARS
W/O RAVI
D/O SHAMBULINGEGOWDA
RESIDING AT 181, II MAIN, 2ND CROSS
BAPUJI NAGARA
MURUTHINAGARA, BENGALURU
6. SRI SANTHOSH
AGED ABOUT 38 YEARS
S/O SHAMBULINGEGOWDA
RESPONDENT Nos. 4 AND 6 ARE
R/AT THELLANURU VILLAGE
PALYA HOBLI, KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT -571440
7. SMT SOWMYA T N
W/O PRAKASH M.H.
AGED ABOUT 36 YEARS
D/O SHAMBULINGEGOWDA
R/AT MANGADAHALLI VILLAGE
VIRUPAKSHIPURA HOBLI
CHENNAPATNA TALUK
RAMANAGARA DISTRICT - 562 160
HUCHEGOWDA
DEAD BY LEGAL REPRESENTATIVES
8. GEETA
W/O HUCHEGOWDA
AGED ABOUT 44 YEARS
-3-
NC: 2025:KHC:9045
RSA No. 140 of 2022
9. KRISHNAPRASAD
S/P LATE HUCHEGOWDA
AGED ABOUT 42 YEARS
10. VEDHAVATHI
D/O LATE HUCHEGOWDA
AGED ABOUT 18 YEARS
ALL ARE R/AT THELLANUR VILLAGE
PALYA HOBLI
KOLLEGAL TALUK
CHAMARAJANAGAR DISTRICT - 571 440
11. SMT SHANTAMMA
W/O VEERANNAGOWDA @ S M CHANDRASHEKAR
D/O LATE P NANJAPPA GOWDA
AGED ABOUT 50 YEARS
RESIDING AT SHETTYKERE DODDI
UYYAMBALLY HOBLI,
KANAKAPURA TALUK
RAMANAGARA DISTRICT - 562 117
12. SMT SUMITHRA
W/O RAJANNA
D/O LATE P NANJAPPA GOWDA
AGED ABOUT 50 YEARS
RESIDING AT THELLANURU VILLAGE
PALYA HOBLI
KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT - 571440
MADEGOWDA
DEAD BY LEGAL REPRESENTATIVES
13. SMT. RADHA
W/O LATE MADE GOWDA
AGED ABOUT 48 YEARS
14. SRI CHETHAN
S/O LATE MADEGOWDA
AGED ABOUT 28 YEARS
-4-
NC: 2025:KHC:9045
RSA No. 140 of 2022
15. SMT ASHWINI
D/O LATE MADEGOWDA
AGED ABOUT 25 YEARS
RESPONDENTS No.13 TO 15 ARE
RESIDING AT VOKKALIGARA STREET
VENKATAIAHNA CHATRA HOSURU VILLAGE
CHAMARAJANAGARA TALUK AND DISTRICT-571 313
16. SMT VIJAYA @ VIJAYALAKSHMI
W/O LATE RUDRASWAMY
AGED ABOUT 46 YEARS
RESIDING AT THELLANURU VILLAGE
PALYA HOBLI, KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT - 571 313
17. SMT. HOMBALAMMA
W/O A BALAKRISHNE GOWDA
AGED ABOUT 65 YEARS
R/AT THEKLLANURU VILLAGE
PALYA HOBLI, KOLLEGAL TALUK
CHAMARAJNAGARA DISTRICT - 571 313
18. SRI RAVI
S/O LATE YASHODAMMA
AGED ABOUT 42 YEARS
RESIDING AT NO 140/32, 9TH MAIN
4TH BLOCK, NANDINI LAYOUT
BANGALORE - 96
19. SMT SUDHA
D/O LATE YADHODAMMA
AGED ABOUT 40 YEARS
C/O SRI RAVI
RESIDING AT NO 140/32, 9TH MAIN
4TH BLOCK, NANDINI LAYOUT
BANGALORE - 560096
SMT. MURTHAMMA
W/O LATE PUTTASWAMY GOWDA
SINCE DEAD BY LRS
-5-
NC: 2025:KHC:9045
RSA No. 140 of 2022
20. SMT MEENAKSHI
W/O SRI. NAGARAJU
R/AT THELLANURU VILLAGE
PALYA HOBLI, KOLLEGAL TALUK
CHAMARAJNAGARA DISTRICT - 571 313
21. SMT SAVITHRI
W/O SRI KRISHNAPPA
R/AT THELLANURU VILLAGE
PALYA HOBLI, KOLLEGAL TALUK
CHAMARAJNAGARA DISTRICT - 571 313
22. SMT KANTHAMMA
W/O MUTHE GOWDA
AGED ABOUT 60 YEARS
RESIDING AT DODDINDUVADI VILLAGE
PALYA HOBLI, KOLLEGALA TALUK
CHAMARAJANAGARA DISTRICT - 571 313
...RESPONDENTS
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 29.10.2021
PASSED IN RA No.29/2014 ON THE FILE OF THE ADDITIONAL
DISTRICT AND SESSIONS JUDGE, CHAMARAJANAGARA
(SITTING AT KOLLEGALA) PARTLY ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
15.10.2014 PASSED IN OS No.9/2006 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JMFC, KOLLEGALA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-6-
NC: 2025:KHC:9045
RSA No. 140 of 2022
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL JUDGMENT
The learned counsel appearing for the appellant,
through video conferencing, seeks leave of the Court to
convert a Regular Second appeal into a Miscellaneous
Second Appeal.
2. Submission is placed on record.
3. Perused the records.
4. The First Appellate Court, vide the impugned
judgment, dated 29.10.2021 has set aside the judgment
and decree passed by the trial Court and remitted the
matter to the trial Court to provide an opportunity to the
defendants to file an additional written statement, if any,
and further, directed the trial Court to frame the proper
issues by recasting the issues already framed and give an
opportunity to all the parties to the suit to lead further
evidence, if any and dispose the case afresh in accordance
with law, as early as possible. The appellant, aggrieved by
NC: 2025:KHC:9045
the order of remission has filed this Regular Second
Appeal.
5. As per Order XLIII Rule 1 (u) of the Code of Civil
Procedure, 1908, an order under Rule 23 of 23A of Order
XLI, remanding a case where an appeal would lie from the
decree of appellate Court, a Miscellaneous Second Appeal
lies against the remand of a case. The Regular Second
Appeal filed by the appellant is not maintainable.
Accordingly, the appellant is permitted to convert this
Regular Second Appeal into a Miscellaneous Second
Appeal.
For statistical purpose, the appeal is disposed of.
In view of the disposal of appeal, I.A.1/2022 does
not survive for consideration and is accordingly, disposed
of.
Sd/-
(ASHOK S.KINAGI)
JUDGE
rs
