Karnataka High Court
S Shanmukappa vs S Shankrappa on 26 March, 2025
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NC: 2025:KHC:12893
CP No. 177 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CIVIL PETITION NO. 177 OF 2018
BETWEEN:
1. S.SHANMUKAPPA
S/O LATE CHANNABASAPPA
AGED ABOUT 56 YEARS
SINCE DEAD BY LR'S
1A. SMT.S.DHARMMMA
W/O LATE SHANMUKAPPA
AGED ABOUT 65 YEARS
1B. SRI.S.S.SHIVAYOGI
S/O LATE SHANMUKAPPA
AGED ABOUT 42 YEARS
1C. SRI.S.S.SANTHOSH KUMAR
S/O. LATE SHANMUKAPPA
AGED ABOUT 38 YEARS
Digitally
signed by 1D. SMT.S.S.VIJAYALAKSHMI
SUVARNA T D/O LATE SHANMUKAPPA
Location: AGED ABOUT 40 YEARS
HIGH
COURT OF 1E. SMT.S.S.ROHINI
KARNATAKA D/O LATE SHANMUKAPPA
AGE ABOUT 44 YEARS
PETITIONERS 1A TO 1E ARE R/O
MADENAHALLI VILLAGE
DAVANAGERE DISTRICT
1F. SMT.KUMADVATHI
D/O LATE SHANMUKAPPA
W/O BAVIGOWDRA YOGESHWARAPPA
AGED ABOUT 46 YEARS
RESIDENT OF HATTURU VILLAGE
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CP No. 177 of 2018
HONNALLI TALUK
DAVANAGERE DISTRICT
...PETITIONERS
(BY SRI. B.K.MANJUNATH, ADVOCATE)
AND:
1. S.SHANKRAPPA
S/O MAHADEVAPPA
AGED ABOUT 61 YEARS
AGRICULTURIST
2. MAHADEVAPPA
S/O DODDABASAPPA
AGED ABOUT 56 YEARS
AGRICULTURIST
3. S.JAYAPPA
S/O MAHADEVAPPA
AGED ABOUT 54 YEARS
AGRICULTURIST
4. UJJAPPA
S/O DODDABASAPPA
AGED ABOUT 52 YEARS
AGRICULTURIST
RESPONDENTS 1 TO 4 ARE
R/O MADENAHALLI VILLAGE,
HONNALI TALUK
DAVANAGERE DISTRICT
5. SMT.KAMALAMMA
W/O PARAMESHWARAPPA
AGED ABOUT 63 YEARS
AGRICULTURIST
BALLURU VILLAGE
SHIKARIPURA TALUK
SHIMOGA DISTRICT
6. SMT. HIRIYAMMA
W/O VIRUPAKSHAPPA
AGED ABOUT 54 YEARS
AGRICULTURIST
JAKKINAKOPPA VILALGE,
SHIKARIPURA TALUK
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CP No. 177 of 2018
SHIMOGA DISTRICT
7. MANJULA
W/O RUDRAPPA
AGED ABOUT 50 YEARS
AGRICULTURIST
KODAMAGGI VILLAGE,
BHADRAVATHI TALUK
SHIMOGA DISTRICT
8. SRI.RAJENDRAPPA
S/O SIDDABASAPPA
SINCE DEAD BY HIS LR'S
8.1. KALAMMMA
W/O RAJENDRAPPA,
AGED ABOUT 58 YEARS,
KATTIGE VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT
8.2. VASANTHA
S/O RAJENDRAPPA,
AGED ABOUT 38 YEARS.
KATTIGE VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT
8.3. SANTHOSH
S/O RAJENDRAPPA,
AGED ABOUT 32 YEARS,
KATTIGE VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT
8.4. CHANNESH,
S/O RAJENDRAPPA,
AGED ABOUT 32 YEARS,
KATTIGE VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT
9. SMT. BHARMAMMA
W/O BASAVARAJAPPA
AGED ABOUT 53 YEARS
AGRICULTURIST
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CP No. 177 of 2018
R/O MADENAHALLI VILLAGE,
HONNALI TALUK
DAVANAGERE DISTRICT
10. CHANDRAPPA
S/O MAHADEVAPPA
AGED ABOUT 56 YEARS
AGRICULTURIST
R/O MADENAHALLI VILLAGE,
HONNALI TALUK
DAVANAGERE DISTRICT
11. SMT.NINGAMMA
W/O MANJAPPA
AGED ABOUT 76 YEARS
AGRICULTURIST
KANAGANAHALLI VILLAGE,
SHIMOGA TALUK
SHIMOGA DISTRICT
12. THIMMAPPA
S/O MANJAPPA
AGED ABOUT 76 YEARS
AGRICULTURIST
KANAGANAHALLI VILLAGE,
SHIMOGA TALUK
SHIMOGA DISTRICT
13. SIDDAPPA
S/O MANJAPPA
AGED ABOUT 51 YEARS
AGRICULTURIST
KANAGANAHALLI VILLAGE,
SHIMOGA TALUK
SHIMOGA DISTRICT
...RESPONDENTS
(BY SRI.S.RAJENDRA, ADVOCATE FOR
SRI.S.V.PRAKASH, ADVOCATE FOR R1 TO R7 & R9 TO 13
R8(A), R8(D)- SERVED ON IA-2 TO IA-4/21
R8(B) & R8(C)- SERVED)
THIS CIVIL PETITION FILED UNDER SEC.24 OF CPC, PRAYING
TO WITHDRAW R.A 85/2016 PENDING ON THE FILE OF THE
LEARNED 1ST ADDL. DISTRICT AND SESSION JUDGE, DAVANGERE
AND DISPOSE OF THE SAME ON MERITS ALONG WITH RFA
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CP No. 177 of 2018
1413/2016 AND RFA 1841/2016 PENDING BEFORE THIS HON'BLE
COURT IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present petition is filed to withdraw R.A.No.85/2016
pending on the file of the Ist Additional District and Sessions
Judge, Davangere and transfer the same to this Court to
dispose off the same along with RFA No.1413/2016 and RFA
No.1841/2016 pending before this Court.
2. The petitioner herein had filed O.S.No.10/2009 against
the respondents on the file of the learned Senior Civil Judge,
Harihar, seeking declaration of title in respect of the schedule
properties. O.S.No.135/2007 was filed by the respondents
against the petitioner in respect of the very same properties on
the file of the Senior Civil Judge and MACT at Harihar seeking
declaration and possession of the suit schedule properties and
also for mandatory injunction. O.S.No.41/2009 was filed by the
petitioner on the file of the Civil Judge and JMFC, Honnally,
seeking permanent injunction and the said suit was transferred
to the Senior Civil Judge and MACT, Harihar.
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3. The trial Court had clubbed all the three suits and
passed a common order whereby the suits filed by the
petitioner as well as the suit filed by the respondents was
dismissed. Thereafter, the petitioner being aggrieved by the
common judgment and decree passed in O.S.No.41/2009 dated
23.04.2016 had preferred R.A.No.85/2016 before the Principal
District and Sessions Court, Davangere. As against the order
passed in O.S.No.10/2009, the petitioner had filed
RFA.No.1413/2016 before this Court. Against the order passed
in O.S.No.135/2016, RFA.No.1841/2016 is filed before this
Court. Now, the present petition is filed seeking transfer of the
R.A.No.85/2016 to this Court to be decided along with the
pending RFA.No.1413/2016 and RFA.No.1841/2016.
4. Learned counsel appearing for the petitioner submits
that the parties are one and the same and now, if these cases
are decided separately, there is every scope for conflicting of
judgments and it would cause lot of hardship to the petitioner.
He submits that the respondents cannot have an objection if
the same is transferred to this Court, the petitioner could be
losing his right of appeal and the respondents cannot have any
objection for transfer of the same.
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5. Learned counsel appearing for the respondents submits
that the suits are in respect of the same properties and
between the same parties, he has no objection to transfer the
same. Hence, this Court is passing the following order:
ORDER
i. R.A.No.85/2016 pending on the file of the Ist
Additional District and Sessions Judge,
Davangere, is withdrawn and the same is
transferred to this Court to be heard along with
RFA.No.1413/2016 and RFA No.1814/2016.
ii. Accordingly, this Civil Petition is allowed.
iii. All I.As. in this Civil Petition shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
MEG
