Back
HIGH COURT OF KARNATAKA
M.G.S. KAMAL
MALAKAPPA S/O. SHIVAPUTRA MUDAVI – Appellant
Versus
RAMCHANDRA S/O. VITOBA SALUNKE – Respondent
RSA/5353/2012
SALE OF PROPERTY - MENTAL CAPACITY - LIS PENDENS - [SALE OF PROPERTY BY A PERSON WITH MENTAL DISABILITY] - [SUBSEQUENT PURCHASE DURING PENDENCY OF SUIT] - [EFFECT OF LIS PENDENS ON SUBSEQUENT PURCHASER]
Fact of the Case:
Jakkappa, the owner of the suit property, allegedly sold it to the plaintiff in 1986. The defendants, Jakkappa's wife and children, claimed that Jakkappa was mentally abnormal and the sale was void. Defendant No. 6 purchased the property from the defendants during the pendency of the suit filed by the plaintiff.
Finding of the Court:
The First Appellate Court reversed the Trial Court's dismissal of the suit, declaring the plaintiffs as absolute owners and granting a permanent injunction against the defendants. The court found that the deed of sale executed by Jakkappa in 1986 remained unchallenged and that the subsequent purchase by Defendant No. 6 was subject to the doctrine of lis pendens.
Issues: 1. Whether Jakkappa had the mental capacity to execute the sale deed in 1986. 2. Whether the subsequent purchase by Defendant No. 6 during the pendency of the suit was valid.
Ratio Decidendi: 1. The defendants failed to provide sufficient evidence to establish Jakkappa's mental abnormality. 2. The doctrine of lis pendens binds subsequent purchasers to the outcome of a pending suit, making Defendant No. 6's purchase subject to the plaintiff's claim.
Final Decision: The appeal was dismissed, upholding the First Appellate Court's judgment and order declaring the plaintiffs as absolute owners and granting a permanent injunction against the defendants.
- 1 -
RSA No. 5353 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
REGULAR SECOND APPEAL NO. 5353 OF 2012 (DEC/INJ)
BETWEEN:
1.
1.A
1.B
1.C
1.D
1.E
SHRI. MALAKAPPA S/O. SHIVAPUTRA MUDAVI,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. KATRAL, TQ: ATHANI, DIST: BELGAUM.
SINCE DECEASED LR’s OF APPELLANT,
SMT. MAHADEVI W/O. LATE MALAKAPPA MUDAVI,
AGE: 69 YEARS, OCC: HOUSEHOLD,
R/O. KATRAL, TAL: KAGWAD,
DIST: BELAGAVI.
SMT. CHANDRAWWA W/O. LATE MALAKAPPA MUDAVI
AGE: 67 YEARS, OCC: HOUSEHOLD,
R/O. KATRAL, TAL: KAGWAD,
DIST: BELAGAVI.
SHRI. REVANASIDDA S/O. LATE MALAKAPPA MUDAVI
AGE: 43 YEARS, OCC: AGRUICULTURE,
R/O. KATRAL, TAL: KAGWAD,
DIST: BELAGAVI.
SHRI. MAHANTESH S/O. LATE MALAKAPPA MUDAVI
AGE: 38 YEARS, OCC: AGRICULTURE,
R/O. KATRAL, TAL: KAGWAD,
DIST: BELAGAVI.
SHRI. SANJAY S/O. LATE MALAKAPPA MUDAVI,
AGE: 35 YEARS, OCC: AGRICULTURE,
ROHAN
HADIMANI
T
Digitally signed by
ROHAN
HADIMANI T
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
Date: 2023.01.13
11:49:51 +0530
- 2 -
RSA No. 5353 of 2012
R/O. KATRAL, TAL: KAGWAD,
DIST: BELAGAVI.
…APPELLANTS
(BY SRI. VISHWANATH V.BADIGER, ADVOCATE)
AND:
1.
1.A
SHRI. RAMCHANDRA S/O. VITOBA SALUNKE
SINCE DECEASED BY HIS LR’s,
SMT. SHANTABAI W/O. RAMCHANDRA SALUNKE,
AGE: 69 YEARS, OCC: HOUSEHOLD,
R/O. KAVATHE-MAHANKAL, DIST: SANGLI.
1.B
1B.1
SHRI. DHONDIBA S/O. RAMCHANDRA SALUNKE
SINCE DECEASED BY HIS LR’s
SMT. SUNITA W/O. DHONDIRAM SALUNKE,
AGE: 51 YEARS, OCC: HOUSEHOLD,
R/O. KOGANALLI, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
1B.2 SMT. JAYASHREE BEDAG,
AGE: 27 YEARS, OCC:AGRICULTURE,
R/O. ARAG, TQ: MIRAJ, DIST: SANGLI.
1B.3 SRI. DAJIRAO S/O. DONDIRAM SALUNKE
AGE: 23 YEARS, OCC: AGRICULTURE,
R/O. KOGANALLI, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
1B.4 MISS. ASHWINI D/O. DONDIRAM SALUNKE,
AGE: 19 YEARS, OCC: NILL,
R/BY. HER M/G. SMT. SUNITA SALUNKE,
R/O. KOGANALLI, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
1.C
GANAPATI S/O. RAMCHANDRA SALUNKE
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. KOGANALLI, TQ: KAVATHE MAHANKAL,
DIST: SANGLI.
- 3 -
RSA No. 5353 of 2012
1.D
SRIPATI S/O. RAMCHANDRA SALUNKE
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. KOGANALLI, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
1.E
BALASAHEB S/O. RAMCHANDRA SALUNKE
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. KOGANALLI, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
2.
SHANTABAI W/O. JAKKAPPA RASAL
AGE: 51 YEARS, OCC: KIRANA BUSINESS,
R/O. DESHING, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
3.
PRAKASH S/O. JAKAPPA RASAL,
AGE: 30 YEARS, OCC: COOLIE,
R/O. DESHING, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
4.
SHINDU S/O. JAKAPPA RASAL
AGE: 27 YEARS, OC: COOLIE,
R/O. DESHING, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
5.
KUMARI. RUPAVATI D/O. JAKAPPA RASAL
AGE: 25 YEARS, OCC: HOUSEHOLD WORK,
R/O. DESHING, TQ: KAVATHE-MAHANKAL,
DIST: SANGLI.
…RESPONDENTS
(BY SRI. AHAMED ALI J.RAHIMANSHAH, ADV. FOR
R1A, R1B(1 TO 4) AND R1(C AND D);
R1E – STANDS ABATED;
SRI. MADANMOHAN M.KHANNUR, ADV. FOR R2 TO R5)
THIS RSA IS FILED UNDER SECTION 100 KOF CPC
AGAINST THE JUDGMENT AND ECREE DATED 12.12.2011
PASSED IN RA NO.41/2007 ON THE FILE OF SENIOR CIVIL
JUDGE, ATHANI, ALLOWING THE APPEAL FILED AGAINST THE
JUDGMENT DATED 05.04.2007 AND THE DECREE PASSED IN
OS NO.143/1991 ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.)
- 4 -
RSA No. 5353 of 2012
AND JMFC., ATHANI, DISMISSING THE SUIT FILED FOR
DECLARATION INJUNCTION.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Present appeal filed by the defendant No.6 aggrieved
by the judgment and order dated 12.12.2011 passed in
R.A.No.41/2007 on the file of the learned Senior Civil
Judge, Athani, (hereinafter referred to as the ‘First
Appellate Court’), in and by which the First Appellate Court
while allowing the appeal set aside the judgment and
decree dated 05.04.2007 passed in O.S.No.143/1991 on
the file of the learned
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
