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2024 Supreme(Online)(KAR) 38948
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE K.NATARAJAN MISCELLANEOUS FIRST APPEAL NO. 5777 OF 2024 C/W MISCELLANEOUS FIRST APPEAL NO.5528 OF 2024 C/W MISCELLANEOUS FIRST APPEAL NO.5770 OF 2024 IN MFA NO.5777/2024 BETWEEN:
K.V. GANESH S/O YATHUGALAPPA AGED ABOUT 49 YEARS, R/AT KOTIGANAHALLI VILLAGE, HATHUR HOBLI, KOLAR TALUK ...APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
K.V. KRISHNAPPA, S/O. LATE VARADAPPA, SINCE DEAD BY HIS LRS., 1 .
YELAMMA W/O. LATE K. V. KRISHNAPPA, AGED ABOUT 72 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
2 . MUNIRATHNAMMA D/O. LATE K. V. KRISHNAPPA, W/O. CHANDRASHEKAR, AGED ABOUT 54 YEARS, RESIDING AT SRI LAKSHMI VENKATESHWARA NILAYA, C/O. KALAVATHI RAMAPPA (TEACHER), MARUTHI NAGAR, SRINIVASPUR TOWN, KOLAR DISTRICT.
K. RAVINDRA S/O LATE K. V. KRISHNAPPA, SINCE DEAD BY HIS LRS
3 . RADHAMMA W/O LATE K. RAVINDRA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
4 . VIDYA R.
D/O LATE RAVINDRA K. AGED ABOUT 27 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
5 . DIVYA K.R.
D/O LATE RAVINDRA K. AGED ABOUT 21 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
6 . K. MANJUNATHA S/O LATE K.V. KRISHNAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
7 . K. JYOTHI W/O PRASANNA KUMAR, D/O LATE K.V. KRISHNAPA, AGED ABOUT 42 YEARS, RESIDING AT NO.33, 9TH CROSS, B. CHENNASANDRA, BENGALURU - 560 043.
8 . E. SUMITHRAMMA W/O LATE K.V. SRINIVASAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 216, 2ND 'A' MAIN ROAD, KASTURI NAGAR, EAST OF NGEF LAYOUT, BENGALURU - 560 043.
9 . K.V. RANGEGOWDA S/O LATE VARADAPPA, AGED ABOUT 67 YEARS, RESIDDING AT MAVAHALLI VILLAGE, ROBERTSONPET HOBLI, K.G.F. TALUK.
10 . V. BHEEMEGOWDA SO/ LATE VARADAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 8-'A'.
'AIK-1A', 6TH 'B' MAIN ROAD, KALYAN NAGAR, BEHIND ROYAL CONCODE, INTERNATIONAL SCHOOL, BENGALURU - 560 043.
11 . K V VENKATESHAPPA S/O LATE VARADAPPA, AGED ABOUT 89 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
12 . NARAYANAMMA W/O LATE S. ERE GOWDA AND D/O LATE VARADAPPA, AGED ABOUT 84 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
K. V. YETHUGALAPPA, S/O LATE K. V. KRISHNAPPA, SINCE DEAD BY HIS LRS
13 . MUNIVEKATAMMA W/O LATE YETHUGALAPPA AGED ABOUT 69 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
14 . K Y BALAJI, S/O LATE K V YETHUGALAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
15 . K Y KASTURI, D/O LATE K V YETHUGALAPPA, AGED ABOUT 39 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE HOTHUR HOBLI, KOLAR TALUK.
VENKATAGIRIYAMMA, SINCE DEAD BY HER LRs
16 . MANJUNATH GOWDA E S/O LATE L B ERAPPA AGED ABOUT 56 YEARS, RESIDING AT NO.125, NACHIKETHA NILAYA, SAI ENCLAVE LAYOUT 3RD CROSS, M S RAMAIAH CITY LAYOUT, AREKERE J P NAGAR, 8TH PHASE, BENGALURU -560 075.
17 . VIMALA D/O LATE K B ERAPPA, W/O PRAHALADH, AGED ABOUT 53 YEARS, R/AT NAVODA SCHOOL, JIGANI, ANEKAL TALUK, BENGALURU SOUTH - 560 105.
18 . APPOJI S/O LATE K B ERAPPA, AGED ABOUT 47 YEARS, R/AT NO. 125, NACHIKETHA NILAYA, SAI ENCLAVE LAYOUT, 3RD CROSS, M S RAMAIAH CITY LAYOUT, AREKERE, J P NAGAR, 8TH PHASE, BENGALURU -560 075.
19 . VEENA D/O LATE K V ERAPPA, AGED ABOUT YEARS, W/O SRINIAS RESIDING AT 2ND CROSS, KARANJI KATTE, JOGAPPA COMPOUND.
KHADRIPURA ROAD, KOLAR CITY, KOLAR.
20 . KAMALAMMA W/O R VENKATARAMAPPA, D/O LATE VARADAPPA, AGED ABOUT 70 YEARS, R/AT D.NO.441
5TH STAGE, 3RD CROSS, II PHASE, BEML LAYOUT, RAJA RAJESHWARI NAGAR, BENGALURU - 560 098.
21 . K.V.ARJUNA GOWDA S/O. VENKATESHAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.2, IPP QUARTERS, IN THE PREMISES OF K.C.GENERAL HOSPITAL, MALLESHWARAM, BENGALURU NORTH.
22 . M.S.SWAROOP RAJ S/O. K.M.SHIVARAJ, AGED ABOUT 30 YEARS, RESIDING AT NEAR MAREMMA TEMPLE, KATARIPALYA, KOLAR.
23 . V.SHILPA W/O. K.Y.GANESH, AGED ABOUT 40 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
24 . SHIRISHA D/O. K.Y.GANESH, AGED ABOUT 10 YEARS, MINOR, REP. BY HER NATURAL GUARDIAN AND FATHER K.Y.GANESH RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
25 . K.Y.KASTURI D/O. LATE YETHUGALAPPA, AGED ABOUT 45 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
26 . K.Y.BALAJI S/O. LATE YETHUGALAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
27 . K.S.ARATHI W/O. K.Y.BALAJI, AGED ABOUT 41 YEARS RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
28 . UDITH SAI.B.GOWDA S/O. K.Y.BALAJI, AGED ABOUT 9 YEARS MINOR, REP. BY HER NATURAL GUARDIAN AND FATHER K.Y.GANESH RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
29 . REKHA.V W/O. M.SURESH, AGED ABOUT 37 YEARS, R/AT SY.NO.31/1, COLONY MAIN ROAD, IRANDAHALLI, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, VIRGONAGAR POST, BENGALURU - 560 049. 30 . K.V.PARAMESH S/O. VENKATESHAPPA, AGED ABOUT 58 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
31 . ANUSUYA W/O. ANJANEYA GOWDA, AGED ABOUT 49 YEARS, RESIDING AT C/O. ARJUN GOWDA, NO.2, IPP QUARTERS, IN THE PREMISES OF K.G.GENERAL HOSPITAL, MALLESHWARAM, BENGALURU NORTH.
32 . S.UMA W/O. V.ASHOK AGED ABOUT 44 YEARS, RESIDING AT NO.10, BASAVANAPURA MAIN ROAD, 5TH CROSS, VINAYAKA NAGARA, BENGALURU NORTH, BENGALURU.
33 . V.ASHOK S/O. VENKATESHAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.10, BASAVANAPURA MAIN ROAD, 5TH CROSS, VINAYAKA NAGARA, BENGALURU NORTH, BENGALURU.
34 . SHIVAJI.R S/O. RUPALAPPA LAMANI, AGED ABOUT 38 YEARS, RESIDING AT NO.30, SRI MANJUNATHA KRUPA, 1ST CROSS, SRI SAI BRUNDAVANA LAYOUT, KITHAGANURU COLONY, K.R.PURAM POST, BENGALURU - 560 036.
35 . SWATHI.S W/O. SHIVAJI.R, AGED ABOUT 37 YEARS, RESIDING AT NO.30., SRI. MANJUNATHA KRUPA, 1ST CROSS, SRI SAI BRUNDAVANA LAYOUT, KITHAGANURU COLONY, K.R.PURAM POST, BENGALURU - 560 036.
…RESPONDENTS (BY SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR R1 TO R10, R12 AND R20;
VIDE ORDER DATED: 14/11/24, R11, R13 TO R15, R21 TO R28, R30 TO R33 ARE HELD SUFFICIENT;
VIDE ORDER DATED:14/11/24 NOTICE TO R12, R16 TO R20, R29, R34 & R35 ARE DISPENSED WITH)
THIS MFA IS FILED UNDER ORDER 43 RULE 1(R) OF CPC, AGAINST THE ORDER DATED 22.02.2022 PASSED ON I.A. NO.16 IN O.S.NO. 340/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, KOLAR, REJECTING I.A. NO.XVI FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
IN MFA NO.5528/2024 BETWEEN:
K.V. GANESH, S/O. YATHUGALAPPA, AGED ABOUT 49 YEARS, R/AT KOTIGANAHALLI VILLAGE HUTHUR HOBLI, KOLAR TALUK.
...APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
K.V. KRISHNAPPA, S/O. LATE VARADAPPA, SINCE DEAD BY HIS LRS., 1 .
YELAMMA W/O. LATE K. V. KRISHNAPPA, AGED ABOUT 72 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
2 . MUNIRATHNAMMA D/O. LATE K. V. KRISHNAPPA, W/O. CHANDRASHEKAR, AGED ABOUT 54 YEARS, R/AT SRI LAKSHMI VENKATESHWARA NILAYA, C/O. KALAVATHI RAMAPPA (TEACHER), MARUTHI NAGAR, SRINIVASPUR TOWN, KOLAR DISTRICT.
K. RAVINDRA S/O LATE K. V. KRISHNAPPA, SINCE DEAD BY HIS LRS
3 . RADHAMMA W/O LATE K. RAVINDRA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
4 . VIDYA R.
D/O LATE RAVINDRA K. AGED ABOUT 27 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
5 . DIVYA K.R.
D/O LATE RAVINDRA K. AGED ABOUT 21 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
6 . K. MANJUNATHA S/O LATE K.V. KRISHNAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
7 . K. JYOTHI W/O PRASANNA KUMAR, D/O LATE K.V. KRISHNAPA, AGED ABOUT 42 YEARS, RESIDING AT NO.33, 9TH CROSS, B. CHENNASANDRA, BENGALURU - 560 043.
8 . E. SUMITHRAMMA W/O LATE K.V. SRINIVASAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 216, 2ND 'A' MAIN ROAD, KASTURI NAGAR, EAST OF NGEF LAYOUT, BENGALURU - 560 043.
9 . K.V. RANGEGOWDA S/O LATE VARADAPPA, AGED ABOUT 67 YEARS, RESIDDING AT MAVAHALLI VILLAGE, ROBERTSONPET HOBLI, K.G.F. TALUK.
10 . V. BHEEMEGOWDA SO/ LATE VARADAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 8-'A'.
'AIK-1A', 6TH 'B' MAIN ROAD, KALYAN NAGAR, BEHIND ROYAL CONCODE, INTERNATIONAL SCHOOL, BENGALURU - 560 043.
11 . K V VENKATESHAPPA S/O LATE VARADAPPA, AGED ABOUT 89 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
12 . NARAYANAMMA W/O LATE S. ERE GOWDA AND D/O LATE VARADAPPA, AGED ABOUT 84 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
K. V. YETHUGALAPPA, S/O LATE K. V. KRISHNAPPA, SINCE DEAD BY HIS LRS
13 . MUNIVEKATAMMA W/O LATE YETHUGALAPPA AGED ABOUT 69 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
14 . K Y BALAJI, S/O LATE K V YETHUGALAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
15 . K Y KASTURI, D/O LATE K V YETHUGALAPPA, AGED ABOUT 39 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE HOTHUR HOBLI, KOLAR TALUK.
VENKATAGIRIYAMMA, SINCE DEAD BY HER LRs
16 . MANJUNATH GOWDA E S/O LATE L B ERAPPA AGED ABOUT 56 YEARS, RESIDING AT NO.125, NACHIKETHA NILAYA, SAI ENCLAVE LAYOUT 3RD CROSS, M S RAMAIAH CITY LAYOUT, AREKERE J P NAGAR, 8TH PHASE, BENGALURU -560 075.
17 . VIMALA D/O LATE K B ERAPPA, W/O PRAHALADH, AGED ABOUT 53 YEARS, R/AT NAVODA SCHOOL, JIGANI, ANEKAL TALUK, BENGALURU SOUTH - 560 105.
18 . APPOJI S/O LATE K B ERAPPA, AGED ABOUT 47 YEARS, R/AT NO. 125, NACHIKETHA NILAYA, SAI ENCLAVE LAYOUT, 3RD CROSS, M S RAMAIAH CITY LAYOUT, AREKERE, J P NAGAR, 8TH PHASE, BENGALURU -560 075.
19 . VEENA D/O LATE K V ERAPPA, AGED ABOUT YEARS, W/O SRINIAS RESIDING AT 2ND CROSS, KARANJI KATTE, JOGAPPA COMPOUND.
KHADRIPURA ROAD, KOLAR CITY, KOLAR.
20 . KAMALAMMA W/O R VENKATARAMAPPA, D/O LATE VARADAPPA, AGED ABOUT 70 YEARS, R/AT D.NO.441
5TH STAGE, 3RD CROSS, II PHASE, BEML LAYOUT, RAJA RAJESHWARI NAGAR, BENGALURU - 560 098.
21 . K.V.ARJUNA GOWDA S/O. VENKATESHAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.2, IPP QUARTERS, IN THE PREMISES OF K.C.GENERAL HOSPITAL, MALLESHWARAM, BENGALURU NORTH.
22 . M.S.SWAROOP RAJ S/O. K.M.SHIVARAJ, AGED ABOUT 30 YEARS, RESIDING AT NEAR MAREMMA TEMPLE, KATARIPALYA, KOLAR.
23 . V.SHILPA W/O. K.Y.GANESH, AGED ABOUT 40 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
24 . SHIRISHA D/O. K.Y.GANESH, AGED ABOUT 10 YEARS, MINOR, REP. BY HER NATURAL GUARDIAN AND FATHER K.Y.GANESH RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
25 . K.Y.KASTURI D/O. LATE YETHUGALAPPA, AGED ABOUT 45 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
26 . K.Y.BALAJI S/O. LATE YETHUGALAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
27 . K.S.ARATHI W/O. K.Y.BALAJI, AGED ABOUT 41 YEARS RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
28 . UDITH SAI.B.GOWDA S/O. K.Y.BALAJI, AGED ABOUT 9 YEARS MINOR, REP. BY HER NATURAL GUARDIAN AND FATHER K.Y.GANESH RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
29 . REKHA.V W/O. M.SURESH, AGED ABOUT 37 YEARS, R/AT SY.NO.31/1, COLONY MAIN ROAD, IRANDAHALLI, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, VIRGONAGAR POST, BENGALURU - 560 049. 30 . K.V.PARAMESH S/O. VENKATESHAPPA, AGED ABOUT 58 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
31 . ANUSUYA W/O. ANJANEYA GOWDA, AGED ABOUT 49 YEARS, RESIDING AT C/O. ARJUN GOWDA, NO.2, IPP QUARTERS, IN THE PREMISES OF K.G.GENERAL HOSPITAL, MALLESHWARAM, BENGALURU NORTH.
32 . S.UMA W/O. V.ASHOK AGED ABOUT 44 YEARS, RESIDING AT NO.10, BASAVANAPURA MAIN ROAD, 5TH CROSS, VINAYAKA NAGARA, BENGALURU NORTH, BENGALURU.
33 . V.ASHOK S/O. VENKATESHAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.10, BASAVANAPURA MAIN ROAD, 5TH CROSS, VINAYAKA NAGARA, BENGALURU NORTH, BENGALURU.
34 . SHIVAJI.R S/O. RUPALAPPA LAMANI, AGED ABOUT 38 YEARS, RESIDING AT NO.30, SRI MANJUNATHA KRUPA, 1ST CROSS, SRI SAI BRUNDAVANA LAYOUT, KITHAGANURU COLONY, K.R.PURAM POST, BENGALURU - 560 036.
35 . SWATHI.S W/O. SHIVAJI.R, AGED ABOUT 37 YEARS, RESIDING AT NO.30., SRI. MANJUNATHA KRUPA, 1ST CROSS, SRI SAI BRUNDAVANA LAYOUT, KITHAGANURU COLONY, K.R.PURAM POST, BENGALURU - 560 036.
…RESPONDENTS (BY SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR R1 TO R10, R12 AND R20;
VIDE ORDER DATED: 14/11/24, NOTICE TO R12, R16 TO R20, R34 & R35 ARE DISPENSED WITH;
(NOTICE NOT ORDERED IN R/O R11, R13, R14, R15, R21 TO R28, R30 TO R33) )
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 22.02.2022 PASSED ON I.A.NO.12 IN OS.NO.340/2020 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, KOLAR, PARTLY ALLOWING THE IA.NO.12 FILED UNDER ORDER 39 RULE 1 AND 2 R/W SECTION 151 OF CPC.
IN MFA NO.5770/2024 BETWEEN:
K.V. GANESH, S/O. YATHUGALAPPA, AGED ABOUT 49 YEARS, R/AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
...APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
K.V. KRISHNAPPA, S/O. LATE VARADAPPA, SINCE DEAD BY HIS LRS., 1. YELAMMA W/O. LATE K. V. KRISHNAPPA, AGED ABOUT 72 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
2. MUNIRATHNAMMA D/O. LATE K. V. KRISHNAPPA, W/O. CHANDRASHEKAR, AGED ABOUT 54 YEARS, RESIDING AT SRI LAKSHMI VENKATESHWARA NILAYA, C/O. KALAVATHI RAMAPPA (TEACHER), MARUTHI NAGAR, SRINIVASPUR TOWN, KOLAR DISTRICT.
K. RAVINDRA S/O LATE K. V. KRISHNAPPA, SINCE DEAD BY HIS LRS
3. RADHAMMA W/O LATE K. RAVINDRA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK. 4. VIDYA R.
D/O LATE RAVINDRA K. AGED ABOUT 27 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
5. DIVYA K.R.
D/O LATE RAVINDRA K. AGED ABOUT 21 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
6. K. MANJUNATHA S/O LATE K.V. KRISHNAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK. 7. K. JYOTHI W/O PRASANNA KUMAR, D/O LATE K.V. KRISHNAPA, AGED ABOUT 42 YEARS, RESIDING AT NO.33, 9TH CROSS, B. CHENNASANDRA, BENGALURU - 560 043. 8. E. SUMITHRAMMA W/O LATE K.V. SRINIVASAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 216, 2ND 'A' MAIN ROAD, KASTURI NAGAR, EAST OF NGEF LAYOUT, BENGALURU - 560 043.
9. K.V. RANGEGOWDA S/O LATE VARADAPPA, AGED ABOUT 67 YEARS, RESIDDING AT MAVAHALLI VILLAGE, ROBERTSONPET HOBLI, K.G.F. TALUK.
10. V. BHEEMEGOWDA SO/ LATE VARADAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO. 8-'A'.
'AIK-1A', 6TH 'B' MAIN ROAD, KALYAN NAGAR, BEHIND ROYAL CONCODE, INTERNATIONAL SCHOOL, BENGALURU - 560 043.
11. K V VENKATESHAPPA S/O LATE VARADAPPA, AGED ABOUT 89 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
12. NARAYANAMMA W/O LATE S. ERE GOWDA AND D/O LATE VARADAPPA, AGED ABOUT 84 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
K. V. YETHUGALAPPA, S/O LATE K. V. KRISHNAPPA, SINCE DEAD BY HIS LRS
13. MUNIVEKATAMMA W/O LATE YETHUGALAPPA AGED ABOUT 69 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
14. K Y BALAJI, S/O LATE K V YETHUGALAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
15. K Y KASTURI, D/O LATE K V YETHUGALAPPA, AGED ABOUT 39 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE HOTHUR HOBLI, KOLAR TALUK.
VENKATAGIRIYAMMA, SINCE DEAD BY HER LRs
16. MANJUNATH GOWDA E S/O LATE L B ERAPPA AGED ABOUT 56 YEARS, RESIDING AT NO.125, NACHIKETHA NILAYA, SAI ENCLAVE LAYOUT 3RD CROSS, M S RAMAIAH CITY LAYOUT, AREKERE J P NAGAR, 8TH PHASE, BENGALURU -560 075.
17. VIMALA D/O LATE K B ERAPPA, W/O PRAHALADH, AGED ABOUT 53 YEARS, R/AT NAVODA SCHOOL, JIGANI, ANEKAL TALUK, BENGALURU SOUTH - 560 105.
18. APPOJI S/O LATE K B ERAPPA, AGED ABOUT 47 YEARS, R/AT NO. 125, NACHIKETHA NILAYA, SAI ENCLAVE LAYOUT, 3RD CROSS, M S RAMAIAH CITY LAYOUT, AREKERE, J P NAGAR, 8TH PHASE, BENGALURU -560 075.
19. VEENA D/O LATE K V ERAPPA, AGED ABOUT YEARS, W/O SRINIAS RESIDING AT 2ND CROSS, KARANJI KATTE, JOGAPPA COMPOUND.
KHADRIPURA ROAD, KOLAR CITY, KOLAR.
20. KAMALAMMA W/O R VENKATARAMAPPA, D/O LATE VARADAPPA, AGED ABOUT 70 YEARS, R/AT D.NO.441
5TH STAGE, 3RD CROSS, II PHASE, BEML LAYOUT, RAJA RAJESHWARI NAGAR, BENGALURU - 560 098.
21. K.V.ARJUNA GOWDA S/O. VENKATESHAPPA, AGED ABOUT 60 YEARS, RESIDING AT NO.2, IPP QUARTERS, IN THE PREMISES OF K.C.GENERAL HOSPITAL, MALLESHWARAM, BENGALURU NORTH.
22. M.S.SWAROOP RAJ S/O. K.M.SHIVARAJ, AGED ABOUT 30 YEARS, RESIDING AT NEAR MAREMMA TEMPLE, KATARIPALYA, KOLAR.
23. V.SHILPA W/O. K.Y.GANESH, AGED ABOUT 40 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
24. SHIRISHA D/O. K.Y.GANESH, AGED ABOUT 10 YEARS, MINOR, REP. BY HER NATURAL GUARDIAN AND FATHER K.Y.GANESH RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
25. K.Y.KASTURI D/O. LATE YETHUGALAPPA, AGED ABOUT 45 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
26. K.Y.BALAJI S/O. LATE YETHUGALAPPA, AGED ABOUT 47 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
27. K.S.ARATHI W/O. K.Y.BALAJI, AGED ABOUT 41 YEARS RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
28. UDITH SAI.B.GOWDA S/O. K.Y.BALAJI, AGED ABOUT 9 YEARS MINOR, REP. BY HER NATURAL GUARDIAN AND FATHER K.Y.GANESH RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK.
29. REKHA.V W/O. M.SURESH, AGED ABOUT 37 YEARS, R/AT SY.NO.31/1, COLONY MAIN ROAD, IRANDAHALLI, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, VIRGONAGAR POST, BENGALURU - 560 049.
30. K.V.PARAMESH S/O. VENKATESHAPPA, AGED ABOUT 58 YEARS, RESIDING AT KOTIGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR TALUK. 31. ANUSUYA W/O. ANJANEYA GOWDA, AGED ABOUT 49 YEARS, RESIDING AT C/O. ARJUN GOWDA, NO.2, IPP QUARTERS, IN THE PREMISES OF K.G.GENERAL HOSPITAL, MALLESHWARAM, BENGALURU NORTH.
32. S.UMA W/O. V.ASHOK AGED ABOUT 44 YEARS, RESIDING AT NO.10, BASAVANAPURA MAIN ROAD, 5TH CROSS, VINAYAKA NAGARA, BENGALURU NORTH, BENGALURU.
33. V.ASHOK S/O. VENKATESHAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.10, BASAVANAPURA MAIN ROAD, 5TH CROSS, VINAYAKA NAGARA, BENGALURU NORTH, BENGALURU.
34. SHIVAJI.R S/O. RUPALAPPA LAMANI, AGED ABOUT 38 YEARS, RESIDING AT NO.30, SRI MANJUNATHA KRUPA, 1ST CROSS, SRI SAI BRUNDAVANA LAYOUT, KITHAGANURU COLONY, K.R.PURAM POST, BENGALURU - 560 036.
35. SWATHI.S W/O. SHIVAJI.R, AGED ABOUT 37 YEARS, RESIDING AT NO.30., SRI. MANJUNATHA KRUPA, 1ST CROSS, SRI SAI BRUNDAVANA LAYOUT, KITHAGANURU COLONY, K.R.PURAM POST, BENGALURU - 560 036.
…RESPONDENTS (BY SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR R1 TO R10, R12 AND R20;
VIDE ORDER DATED: 14/11/24, NOTICE TO R12, R16 TO R20, R29, R34 & R35 ARE DISPENSED WITH;
(NOTICE NOT ORDERED TO R11, R13 TO R15, R21 TO R28, & R30 TO R33) )
THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF CPC, AGAINST THE ORDER DATED 22.02.2022 PASSED ON I.A. NO. 15 IN O.S.NO.340/2020 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, KOLAR, REJECTING I.A. NO. XV FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC.
THESE MISCELLANEOUS FIRST APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 25.11.2024 THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
RESERVED FOR ORDERS ON: 25.11.2024 PRONOUNCED ON : 02.12.2024 CORAM: HON'BLE MR JUSTICE K.NATARAJAN
CAV JUDGMENT
MFA No.5777/2024 is filed by the appellant/defendant No.6 for setting aside the order dated 22.2.2022 passed by the Prl. Sr. Civil Judge and CJM, Kolar in O.S.No.340/2020 on the application filed by the defendant Nos.1 and 6 on I.A.No.16 filed under Order XXXIX Rules 1 and 2 read with 151 of CPC for having rejected the application.
2. MFA 5528/2024 is filed by the same appellant/defendant No.6 by challenging the order passed by the same Trial Court in O.S.No.340/2020 for having allowed the application filed by the respondent No.1/plaintiff on I.A.No.12 under Order XXXIX Rules 1 and 2 read with 151 of CPC for having granted temporary injunction.
3. MFA No.5770/2024 is filed by the same appellant in the same case for setting aside the order of the same court passed on IA No.15 filed by the appellant/defendant Nos.1 and 6 filed under Order XXXIX Rules 1 and 2 read with 151 of CPC for having rejected the temporary injunction by the Trial Court.
4. Heard the arguments of learned counsel for the appellants and learned counsel for the respondents.
5. The appellant was the defendant No.6 and respondents were the plaintiffs in the Trial Court. Hence, the ranks of the parties are retained for the sake of convenience.
6. The case of the plaintiffs before the Trial Court is that plaintiffs have filed suit for partition and consequential relief for 1/9th share each, out of 4/9th share, holding that the registered gift deed dated 03.07.2020 executed by the defendant No.3 in favour of the defendant No.5 in respect of 'A' schedule in items Nos.35, 36 and 40 are not binding on the plaintiff.
7. The defendant appeared and filed written statement and during the pendency of the suit the plaintiffs have filed IA No.12 under Order XXXIX Rules 1 and 2 read with 151 of CPC seeking temporary injunction as against appellant/defendant restraining the defendant from cutting and removing the eucalyptus trees situated/existing in the item No.35, 36 to 40 and put up construction.
8. Whereas the appellants/defendant Nos.1 and 6 filed two IA Nos.15 and 16 for temporary injunction restraining the plaintiffs from digging the pit/krushi Honda (agriculture tank) by cutting the trees, found on the item Nos.35, 36 and 40.
9. After hearing the arguments, the Trial Court granted injunction in favour of the plaintiffs restraining the defendant Nos.1 and 6, from cutting and removing the existing trees and digging up of Krushi honda or tank for storing the water for agriculture, until disposal of the suit. Consequently, rejected the prayer for cutting the tree, as well as putting up water tank in the suit item Nos.35, 36 and 40, which is under challenge.
10. Learned Counsel for the appellant has contended that the Trial Court committed error in dismissing his application for restraining the plaintiffs from obstructing the defendant from cutting the trees and putting up Krushi honda for the purpose of agriculture. The appellant has already obtained 50% subsidy from the Government of Karnataka for the purpose of digging pit constructing tank and even if the trees were cut, only a minimum trees will be cut and removed for the purpose of digging up tank and the tank will be helpful to both parties, even if the suit is decreed, it will not affect the plaintiff in any manner. It is also taken contention that the suit property in item No.35 to 40 have been purchased by appellant 's father on 28.03.1980 and gifted to the appellant on 03.07.2020. The appellant obtained loan with subsidy of 50% from Government for putting up construction of tank for cultivating tomato and other vegetable products. Item No.40 purchased by his father who died on 22.5.2021 and item No.40 was gifted to him under the gift deed dated 03.07.2020. Therefore, item Nos.36 and 40, the appellant was cultivating the land in question. It is absolutely self acquired property of his father and gifted to him and his father is already dead. The suit is filed by the plaintiff for seeking partition, but erroneo
