Karnataka High Court
Sri. Chandramallegowda @ Rajanna vs Sri. Raveesha. C on 10 March, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO. 7382 OF 2024 (CPC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 5746 OF 2024 (CPC)
IN MFA No. 7382/2024
BETWEEN:
1. SRI. CHANDRAMALLEGOWDA @ RAJANNA,
SON OF CHANNAMALLEGOWDA,
AGED ABOUT 71 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE: 572142.
2. SRI. CHANDRASHEKAR C.,
SON OF CHANDRAMALLEGOWDA @ RAJANNA,
Digitally signed by AGED ABOUT 41 YEARS,
LAKSHMINARAYAN
N RESIDING AT CHAKENAHALLI VILLAGE,
Location: High Court
of Karnataka
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE: 572142.
3. SRI. LINGESH C.,
SON OF CHANDRAMALLEGOWDA @ RAJANNA,
AGED ABOUT 39 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE: 572142.
...APPELLANTS
(BY SRI. PUNITH C., ADVOCATE)
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NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
AND:
1. SRI RAVEESHA C.,
SON OF LATE CHANNAMALLAIAH @
CHANNAMALLEGOWDA,
AGED ABOUT 55 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
2. SRI. MAHESHA C.L,
SON OF LATE LINGAPPA @ LINGALAH,
AGED ABOUT 51 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
3. SRI. SHASHIKUMARA C.L,
SON OF LATE LINGAPPA @ LINGAIAH,
AGED ABOUT 49 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
4. SRI. CHANDREGOWDA C.P,
SON OF LATE PUTTAMALLAIAH,
AGED ABOUT 58 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
5. SMT. JAYAMMA,
WIFE OF LATE SHIVARAMAIAH,
AGED ABOUT 71 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
6. SRI. C.S.UMESHA,
SON OF LATE SHIVARAMAIAH,
AGED ABOUT 56 YEARS,
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NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
7. SRI. C.S. NAGARAJU,
SON OF LATE SHIVARAMAIAH,
AGED ABOUT 49 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
8. SMT. THIMMAMMA,
WIFE OF LATE VAJARAIAH,
AGED ABOUT 66 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
9. SRI. C.V.SOMASHEKAR
SON OF LATE VAJARAIAH,
AGED ABOUT 43 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
10. SMT. GOWRAMMA,
WIFE OF LATE NARAYANGOWDA,
AGED ABOUT 61 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
11. SRI. RAVIKUMAR,
SON OF LATE NARAYANAGOWDA,
AGED ABOUT 39 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
12. SRI.C.S. VIJAYALAKSHMI,
DAUGHTER OF LATE SOORAGADA MALLEGOWDA,
AGED ABOUT 57 YEARS,
-4-
NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
13. SRI. C.K.SIDDALINGEGOWDA
SON OF LATE KARIGOWDA,
AGED ABOUT 69 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
14. SMT. LAKSHMAMMA,
DAUGHTER OF LATE KARIGOWDA,
AGED ABOUT 65 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
15. SMT. GEETHA,
WIFE OF LATE C.K.NINGEGOWDA,
AGED ABOUT 59 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
16. SRI. MAHESHA,
SON OF LATE C.K.NINGEGOWDA,
AGED ABOUT 31 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
17. SRI. UMESHA,
SON OF LATE C.K.NINGEGOWDA,
AGED ABOUT 29 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
18. SMT. NINGAMMA,
DAUGHTER OF LATE KARIGOWDA,
AGED ABOUT 57 YEARS,
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NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
19. SRI. C.K.CHANNAMALLEGOWDA,
SON OF LATE KARIGOWDA,
AGED ABOUT 53 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
20. SRI. MALLIKARJUNSWAMY,
SON OF LATE KARIGOWDA,
AGED ABOUT 49 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
...RESPONDENTS
(BY SRI. SHIVARAMU H. C., ADV. FOR R1,
R2 TO 20 NOTICE DISPENSED WITH.)
THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC,
AGAINST THE ORDER DT.27.05.2024 PASSED ON IA NO.2 IN
O.S.NO.129/2023 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AND JMFC, KUNIGAL, REJECTING IA NO.2 FILED
U/O.39 RULE 1 AND 2 OF CPC.
IN MFA NO. 5746/2024
BETWEEN:
1. SRI. CHANDRAMALLEGOWDA @ RAJANNA
S/O CHANNAMALLEGOWDA,
AGED ABOUT 71 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
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NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
2. SRI CHANDRASHEKAR C.,
S/O CHANNAMALLEGOWDA @ RAJANNA
AGED ABOUT 41 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
3. SRI LINGESH C.,
S/O CHANDRAMALLEGOWDA @ RAJANNA
AGED ABOUT 39 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
...APPELLANTS
(BY SRI. PUNITH C., ADVOCATE)
AND:
1. SRI. RAVEESHA C.,
S/O CHANNAMALLAIAH @ CHANNAMALLEGOWDA,
AGED ABOUT 55 YEARS,
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
2. SRI MAHESHA C L
S/O LATE LINGAPPA @ LINGAIAH
AGED ABOUT 51 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
3. SRI SHASHIKUMARA C L
S/O LATE LINGAPPA @ LINGAIAH
AGED ABOUT 49 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
4. SRI CHANDREGOWDA C P
S/O LATE PUTTAMALLAIAH
AGED ABOUT 58 YEARS
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NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
5. SMT JAYAMMA
W/O LATE SHIVARAMAIAH
AGED ABOUT 71 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
6. SRI C S UMESHA
S/O LATE SHIVARAMAIAH
AGED ABOUT 56 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
7. SRI C S NAGARAJU
S/O LATE SHIVARAMAIAH
AGED ABOUT 49 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
8. SMT THIMMAMMA
W/O LATE VAJARAIAH
AGED ABOUT 66 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
9. SRI C V SOMASHEKAR
S/O LATE VAJARAIAH
AGED ABOUT 43 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
10. SMT GOWRAMMA
W/O LATE NARAYANGOWDA
AGED ABOUT 61 YEARS
-8-
NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
11. SRI RAVIKUMAR
S/O LATE NARAYANAGOWDA
AGED ABOUT 39 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
12. SRI C S VIJAYALAKSHMI
D/O LATE SOORAGADA MALLEGOWDA
AGED ABOUT 57 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
13. SRI C K SIDDALINGEGOWDA
S/O LATE KARIGOWDA
AGED ABOUT 69 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
14. SMT LAKSHMAMMA
D/O LATE KARIGOWDA
AGED ABOUT 65 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
15. SMT GEETHA
W/O LATE C K NINGEGOWDA
AGED ABOUT 59 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
16. SRI MAHESHA
S/O LATE C K NINGEGOWDA
AGED ABOUT 31 YEARS
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NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
17. SRI UMESHA
S/O LATE C K NINGEGOWDA
AGED ABOUT 29 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
18. SMT NINGAMMA
D/O LATE KARIGOWDA
AGED ABOUT 57 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
19. SRI C K CHANNAMALLEGOWDA
S/O LATE KARIGOWDA
AGED ABOUT 53 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
20. SRI MALLIKARJUNSWAMY
S/O LATE KARIGOWDA
AGED ABOUT 49 YEARS
RESIDING AT CHAKENAHALLI VILLAGE,
YEDIYUR HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT, PIN CODE: 572142.
...RESPONDENTS
(BY SRI. SHIVARAMU H. C., ADV. FOR R1,
R2 TO R20 - NOTICE DISPENSED WITH.)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION
151 OF CPC, AGAINST THE ORDER DATED 28.06.2024
PASSED ON I.A.NO.3 IN OS.NO.129/2023 ON THE FILE OF
THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC,
KUNIGAL, REJECTING THE IA.NO. 3 FILED UNDER ORDER
39 RULE 1 AND 2 OF CPC.
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NC: 2025:KHC:10015
MFA No. 7382 of 2024
C/W MFA No. 5746 of 2024
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
The plaintiffs being aggrieved by the rejection of IA
Nos. II and III filed under Order XXXIX Rule 1 and 2 of
Code of Civil Procedure in O.S.No.129/2023 on the file of
Senior Civil Judge, Kunigal, praying not to alienate the suit
schedule property and not to interfere with the possession
over the suit schedule property, have filed this present
appeal.
2. The plaintiffs are making assertions on the
basis of registered release deed executed on 02.11.1950.
Admittedly, there is no pleading in the plaint with regard
to that the plaintiffs have acquired the right, title, interest
and possession over the suit schedule property and also
while considering the application in IA Nos. II and III for
order of injunction filed before the Trial Court and the said
document was not produced. Therefore, in this regard,
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NC: 2025:KHC:10015
the plaintiffs have not made out prima-facie case.
Admittedly, as per RTC records, it is shown that the
defendants are in possession of the suit schedule property
but not the plaintiffs. Further, the Trial Court has
observed in paragraph No.11 of the impugned order that
how the plaintiffs have not made out prima-facie case to
get an order of injunction. Therefore, the Trial Court is
correct in dismissing the applications in IA Nos.II and III
filed by the plaintiffs.
3. However, it is submitted by the learned counsel
for the appellants-plaintiffs that though the plaintiffs have
committed error in not pleading regarding relinquishment
deed and also in not producing the registered release deed
at the time of consideration of aforesaid applications,
liberty may be reserved to make amendment in the plaint
and also to file application for praying the order of
injunction.
4. Considering the submission made by the
learned counsel for the appellants-plaintiffs, liberty is
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NC: 2025:KHC:10015
reserved to the plaintiffs to prefer one more application as
deems fit by the appellants-plaintiffs and the Trial Court is
directed to consider the same in accordance with law.
5. With the above observation, the appeals are
disposed of.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SSD
