Karnataka High Court
Smt Parvathamma vs B V Govinda Reddy on 20 November, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC:47999
RSA No. 783 of 2025
C/W RSA No. 1647 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.783 OF 2025 (PAR)
C/W
REGULAR SECOND APPEAL NO.1647 OF 2025 (PAR)
IN RSA NO.783/2025:
BETWEEN:
1. SMT. PARVATHAMMA
D/O LATE VENKATARAVANAPPA
W/O GOVINDAPPA
AGED ABOUT 64 YEARS
R/AT BYAPANAHALLI VILLAGE
SUGATUR HOBLI
KOLAR TALUK-563102.
2. SMT. SUSHEELAMMA
D/O LATE VENKATARAVANAPPA
Digitally signed W/O SRINIVASA
by DEVIKA M AGED ABOUT 53 YEARS
Location: HIGH R/AT URIGILI VILLAGE
COURT OF SUGATUR HOBLI
KARNATAKA
KOLAR TALUK-563102.
...APPELLANTS
(BY SRI. A. MADHUSUDHANA RAO., ADVOCATE)
AND:
1. B.V. GOVINDA REDDY
S/O LATE VENKATARAVANAPPA
AGED ABOUT 76 YEARS
SRI. B.V. NARAYANA REDDY
SINCE DEAD BY LR'S
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2. SMT. NARAYANAMMA
W/O LATE B.V. NARAYANAREDDY
AGED ABOUT 66 YEARS
3. SMT. B.N.RENUKA
D/O LATE. B.V. NARAYANAREDDY
AGED ABOUT 42 YEARS
4. SMT. B.N.SWATHI
D/O LATE. B.V. NARAYANAREDDY
AGED ABOUT 31 YEARS
5. SMT. SONAMMA
W/O LATE SRERAMAREDDY
AGED ABOUT 75 YEARS
SINCE DEAD BY HER LRS ARE ALREADY ON
RECORD AS RESPONDENT NOS.9 TO 11
6. SRI. B.V.SUBBARAYAREDDY
S/O LATE VENKATARAVANAPPA
AGED ABOUT 62 YEARS
7. SRI. B.V.NAGARAJA REDDY
S/O LATE VENKATARAVANAPPA
AGED ABOUT 60 YEARS
8. SRI. B.V.KRISHNAREDDY
S/O LATE VENKATARAVANAPPA
AGED ABOUT 56 YEARS
RESPONDENTS 1 TO 8 ARE
ALL R/AT BALAGERE VILLAGE,
SUGATUR HOBLI-563125.
9. SMT. INDIRAMMA
D/O LATE SREERAMAPPA
W/O NAGARAJ
AGED ABOUT 54 YEARS
R/AT GUMMALAPURA VILLAGE
KASABA HOBLI, MULBAGUL TALUK.
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RSA No. 783 of 2025
C/W RSA No. 1647 of 2025
HC-KAR
10. SMT. SAVITHA
D/O LATE SREERAMAPPA
W/O M.R.NARENDRA BABU
AGED ABOUT 52 YEARS
R/AT MADANAHALLI VILLAGE
SUGATUR HOBLI
KOLAR TALUK-563102.
11. SRI. KESHAVA REDDY
S/O LATE SREERAMAPPA
AGED ABOUT 50 YEARS
SUGATUR HOBLI
KOLAR TALUK-563125.
12. SRI. B. GOPAL S/O LATE BASAPPA
AGED ABOUT 86 YEARS
R/AT ALAPPANAHALLI VILLAGE
KASABA HOBLI, HOSKOTE TALUK
BENGALURU RURAL DISTRICT-562129.
13. SMT. SAROJAMMA
D/O NARAYANAPPA
AGED ABOUT 63 YEARS
BALAGERE VILLAGE
SUGATUR HOBLI,
KOLAR TALUK-563125.
14. SRI. P. MUISHAMI S/O POOJAPPA
AGED ABOUT 80 YEARS
R/AT SADARMANGALA VILLAGE
KADUGODI POST,
BENGALURU-560067.
...RESPONDENTS
(BY SRI. MANJUNATHA R.S., ADVOCATE FOR
R1 TO R4 AND R6 TO R11;
SRI. M. NARAYANAPPA, ADVOCATE FOR R12, R13 & R14;
VIDE ORDER DATED 04.08.2025 R9 TO R11 ARE
LRS OF DECEASED OF R5)
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RSA No. 783 of 2025
C/W RSA No. 1647 of 2025
HC-KAR
THIS RSA IS FILED UNDER SECTION 100 OF CPC,
AGAINST THE JUDGMENT AND DECREE DATED 4.02.2025
PASSED IN R.A.NO.141/2019 ON THE FILE OF PRL. SENIOR
CIVIL JUDGE AND CJM, KOLAR., DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DATED 18.09.2019
PASSED IN O.S.NO.700/2010 ON THE FILE OF PRL. CIVIL
JUDGE AND JMFC, KOLAR AND ETC.
IN RSA NO.1647/2025:
BETWEEN:
1. SMT. NARAYANAMMA
AGED ABOUT 66 YEARS,
W/O LATE B.V.NARAYANAREDDY.
2. SMT. B.N.RENUKA,
AGED ABOUT 41 YEARS,
D/O LATE B.V.NARAYANAREDDY.
3. SMT. B.N.SWATHI,
AGED ABOUT 31 YEARS,
D/O LATE B.V.NARAYANAREDDY,
APPELLANTS 1 TO 3 ARE
RESIDING AT BALAGERE VILLAGE,
SUGUTUR HOBLI, KOLAR TALUK,
KOLAR DISTRICT-563102.
...APPELLANTS
(BY SRI. PRASANNA KUMAR S., ADVOCATE)
AND:
1. SMT. PARVATHAMMA
AGED ABOUT 64 YEARS,
D/O LATE VENKATARAVANAPPA,
W/O GOVINDAPPA,
2. SMT. SUSHEELAMMA
AGED ABOUT 53 YEARS.
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D/O LATE VENKATARAVANAPPA.
W/O C.SRINIVASA.
RESPONDENTS 1 AND 2 ARE
URIGILI VILLAGE, SUGATUR HOBLI,
KOLAR TALUK, KOLAR DISTRICT-563102.
3. SRI. B.V. GOVINDAREDDY.
AGED ABOUT 76 YEARS.
S/O LATE VENKATARAVANAPPA
SMT. SONNAMMA,
W/O LATE SRIRAMAREDDY
DEAD BY HER LRS RESPONDENTS 7 TO 9 HEREIN
4. SRI. B.V.SUBBARAYA REDDY
S/O LATE VENKATARAVANAPPA,
AGED ABOUT 61 YEARS.
5. SRI. B.V.NAGARAJA REDDY.
AGED ABOUT 59 YEARS.
RESIDING AT BALAGERE VILLAGE,
6. SRI. B.V.KRISHNA REDDY.
S/O LATE VENKATARAVANAPPA,
AGED ABOUT 56 YEARS,
RESPONDENTS 4 TO 6 ARE
RESIDING AT BALAGERE VILLAGE,
SUGATUR HOBLI, KOLAR TALUK,
KOLAR DISTRICT-563102.
7. SMT. INDIRAMMA,
D/O LATE SREERAMAPPA.
W/O NAGARAJ
AGED ABOUT 54 YEARS
R/AT GUMMALAPURA VILLAGE
KASABA HOBLI,
MULABAGAL TALUK,
KOLAR DISTRICT.
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8. SMT. SAVITHA.
D/O LATE SREERAMAPPA,
W/O M.R.NARENDARABABU
AGED ABOUT 51 YEARS,
R/AT MADANAHALLI VILLAGE
SUGATUR HOBLI, KOLAR TALUK,
KOLAR DISTRICT-563102.
9. SRI. KESHAVA REDDY
S/O LATE SREERAMAPPA
AGED ABOUT 50 YEARS,
R/AT BALAGERE VILLAGE
SUGATUR HOBLI,
KOLAR TALUK,
KOLAR DISTRICT -563102.
10. SRI. B. GOPAL,
S/O LATE BASAPPA,
AGED ABOUT 85 YEARS
R/AT ALAPPANAHALLI VILLAGE
KASABA HOBLI, HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT.
11. SMT. SAROJAMMA
D/O NARAYANAPPA
AGED ABOUT 63 YEARS
R/AT BALAGERE VILLAGE,
SUGATUR HOBLI, KOLAR TALUK
KOLAR TALUK.
12. SRI. P. MUNISHAMI.
S/O POOJAPPA.
AGED ABOUT 80 YEARS,
R/AT SADARAMANGALA VILLAGE.
KADUGODI POST, BENGALURU.
...RESPONDENTS
(BY SRI. A. MADHUSUDHAN RAO, ADVOCATE FOR R1 & R2;
SRI. R.S.MANJUNATH, ADVOCATE FOR R3 TO R9;
SRI. M. NARAYANAPPA, ADVOCATE FOR R10 TO R12)
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RSA No. 783 of 2025
C/W RSA No. 1647 of 2025
HC-KAR
THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST
THE JUDGEMENT AND DECREE DATED 04.02.2025 PASSED
IN R.A.NO.138/2019 ON THE FILE OF PRINCIPAL SENIOR
CIVIL JUDGE AND CJM, KOLAR, DISMISSING THE APPEAL
AND CONFIRMING THE JUDGEMENT AND DECREE DATED
18.09.2019 PASSED IN O.S.NO.700/2010 ON THE FILE OF
PRINCIPAL CIVIL JUDGE AND JMFC, KOLAR AND ETC.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL JUDGMENT
The learned counsel appearing for the respective parties
submit that two appeals are filed i.e., in R.A.Nos.138/2019 and
141/2019 being aggrieved by the granting of share in respect
of some of the properties and also dismissal of the suit in
respect of some of the properties. Both the appeals are
independently considered by the First Appellate Court by the
very same Presiding Officer but the said appeals were ought to
have been taken up together. The counsel further submit that
when application under Order 41 Rule 27 of CPC was filed in
both the appeals, the same were not considered and in the
judgment of both the appeals, there is no point for
consideration in respect of the applications filed under Order 41
Rule 27 of CPC. The First Appellate Court ought to have
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considered the said applications to comes to know that whether
additional evidences are required for consideration of the issues
involved between the parties with regard to the germane issues
but the same was not considered. When such being the case,
the matter requires to be reconsidered by the First Appellate
Court considering both the appeals together and decide the
applications filed under Order 41 Rule 27 of CPC in both the
appeals to comes to know that whether those additional
documents are necessary for the consideration of the appeals
or not. With this observation, the appeals are allowed.
2. In view of the discussions made above, I pass the
following:
ORDER
Both the second appeals are allowed.
The impugned judgment passed by the First Appellate
Court in both the appeals are set aside and the matter is
remitted back to the First Appellate Court to consider the same
afresh including the applications which are filed before it under
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Order 41 Rule 27 of CPC and any other applications which are
pending.
The suit is of the year 2010. Already 1½ decades has
been elapsed. Hence, First Appellate Court is directed to
dispose of the appeals within 6 months from 19.12.2025.
The parties are directed to appear before the First
Appellate Court without expecting any notice from it on
19.12.2025.
The registry is directed to send the records to the First
Appellate Court to enable the Appellate Court to take up the
matter on 19.12.2025 without fail.
The respective parties and counsels are also directed to
assist the First Appellate Court in disposal of the Appeals within
time.
Sd/-
(H.P.SANDESH)
JUDGE
SN
