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KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SIDDALINGAMMA – Appellant
Versus
ABDUL SUDAN SAB @ PYARE SAB – Respondent
RSA 618/2000
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY, 2021
BEFORE
THE HON9BLE MR. JUSTICE N.K.SUDHINDRARAO
R.S.A.No.618/2000(INJ)
C/W
R.S.A.No.619/2000(DEC)
IN RSA No.618/2000(INJ)
BETWEEN:
1.SIDDALINGAMMA
MAJOR, W/O LATE T.H.SIDDALINGAPPA
2 . T S CHIDANANDA
MAJOR, S/O LATE T.H. SIDDAGANGAPPA
3 . T S PANCHAKSHARI
MAJOR, S/O LATE T.H. SIDDAGANGAPPA
4 . T S LALITHA
MAJOR, D/O LATE T.H. SIDDAGANGAPPA
ALL ARE RESIDENTS OF
CHICKPET, TUMKUR TOWN
TUMKUR DISTRICT.
&APPELLANTS
(BY SRI SUNIL KUMAR PATEL, FOR
SRI S K VENKATA REDDY, ADVOCATE)
AND:
ABDUL SUDAN SAB @ PYARE SAB
S/O MOHAMED SAB
2
AGED ABOUT 64 YEARS
SINCE DEAD BY HIS LRs.
1. RUKU BHUJAN
W/O LATE ABDUL SUBHAN SAB
AGED ABOUT 70 YEARS.
2. JAIULLA SHARIEF @ SADIQ
S/O O LATE ABDUL SUBHAN SAB
AGED ABOUT 50 YEARS.
3. NOORULLA SHARIEF @ SADIQ
S/O LATE ABDUL SUBHAN SAB
AGED ABOUT 40 YEARS.
4. GHOUSULLA SHARIEF @ CHOWTU
S/O LATE ABDUL SUBHAN SAB
AGED ABOUT 30 YEARS.
5. KHOUSAR
D/O LATE ABDUL SUBHAN SAB
AGED ABOUT 43 YEARS.
6. MUNI
D/O LATE ABDUL SUBHAN SAB
AGED ABOUT 35 YEARS.
ALL ARE RESIDING
BEHIND BASAVESWARA TEMPLE,
PANDURANGANAGAR
TUMKUR TOWN.
&RESPONDENTS
(BY SRI S NARAYANA, ADVOCATE FOR R1(b)
SRI B PURANDARA, ADVOCATE FOR R1(a, c & d)
R1(e)- SERVED, V/O DTD.20.11.2005, SERVICE OF
NOTICE TO R1(f) IS HELD SUFFICIENT)
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 12.1.2000
3
PASSED IN RA No.75/89 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE(SR.DIVN) AND CJM., TUMKUR, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 9.1.89 PASSED IN O.S.No.31/82 ON THE
FILE OF THE PRINCIPAL MUNSIFF, TUMKUR.
IN RSA No.619/2000(DEC)
BETWEEN:
CHIDANANDA
S/O LATE T H SIDDAGANGAPPA
AGED ABOUT 50 YEARS,
R/A D H No.100,
J C ROAD, CHIKPET,
TUMKUR DISTRICT.
&APPELLANT
(BY SRI SUNIL KUMAR PATEL, ADVOCATE FOR
SRI S K VENKATA REDDY, ADVOCATE)
AND:
ABDUL SUDAN SAB @ PYARE SAB
S/O MOHAMED SAB
AGED ABOUT 66 YEARS
SINCE DEAD BY HIS LRs.
1. RUKU BHUJAN
W/O LATE ABDUL SUBHAN SAB
AGED ABOUT 70 YEARS.
2. JAIULLA SHRIEF @ SADIQ
S/O O LATE ABDUL SUBHAN SAB
AGED ABOUT 50 YEARS.
3. NOORULLA SHARIEF @ SADIQ
S/O LATE ABDUL SUBHAN SAB
AGED ABOUT 40 YEARS.
4
4. GHOUSULLA SHARIEF @ CHOWTU
S/O LATE ABDUL SUBHAN SAB
AGED ABOUT 30 YEARS.
5. KHOUSAR
D/O LATE ABDUL SUBHAN SAB
AGED ABOUT 43 YEARS.
6. MUNI
D/O LATE ABDUL SUBHAN SAB
AGED ABOUT 35 YEARS.
ALL ARE RESIDING
BEHIND BASAVESWARA TEMPLE,
PANDURANGANAGAR
TUMKUR TOWN.
&RESPONDENTS
(BY SRI S NARAYANA, ADVOCATE FOR R1(b)
SRI B PURANDARA, ADVOCATE FOR R1(a & c),
R1(d)- SERVED, R1(e)- SERVED, V/O DTD.28.11.2005
SERVICE IS HELD SUFFICIENTNIN RESPESCT OF R1(f))
THIS RSA IS FILED UNDER SECTION 100 OF CPC
AGAINST THE JUDGMENT AND DECREE DATED 12.1.2000
PASSED IN RA No.23/89 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE(SR.DVN) AND CJM., TUMKUR, DISMISSING
THE APPEAL AND CONFIRMING THE JUDGMENT AND
DECREE DATED 9.1.89 PASSED IN O.S.No.22/82 ON THE
FILE OF THE PRINCIPAL MUNSIFF, TUMKUR.
THESE APPEALS COMING ON FOR FINAL HEARING
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These two regular second appeals are directed
against the judgment and decree dated 12-01-2000
5
passed in two separate regular appeals in R.A. No.
75/1989 and R.A.No.23/1989 by the learned Principal
Civil Judge (Sr.Dn) and CJM, Tumkur.
2. R.S.A.No.618/2000 is filed by the appellants/
defendants-Siddalingamma and others against the
judgment and decree passed in R.A.No.75/1989
connected to O.S.No.31/1982. R.S.A.No.619/2000 is
filed by the appellant/plaintiff- Chidananda against
the judgment and decree passed in R.A.No.23/1989
connected to O.S.No.22/1982. Since both the matters
are inter connected in the form of parties and the
schedule properties, they are disposed of in common.
3. In order to avoid conflict and overlapping, the
partie
