Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 983 OF 2018 (DEC/INJ)
BETWEEN:
1. SMT C T JAYASHREE AGED ABOUT 71 YEARS W/O LATE C.S.THIRUMALA IYENGAR
2. SRI.C.T.PRAKASH AGED ABOUT 51 YEARS S/O LATE C.S. THIRUMALA IYENGAR, 3. SMT.PREMALATHA AGED ABOUT 49 YEARS Digitally signed D/O LATE C.S. THIRUMALA IYENGAR, by PANKAJA S W/O SRI M.N.RAJAGOPAL Location: HIGH COURT OF KARNATAKA ALL ARE RESIDING AT NO.19/36, 1ST MAIN ROAD, SRIPURAM LAYOUT, SESHADRIPURAM BENGALURU-560 020 REPRESENTED BY THEIR GPA HOLDER SRI RAMANJULY RAJU AGED ABOUT 57 YEARS, S/O LATE V.SUBBA RAJU R/AT NO.27/1, 47TH CROSS, 8TH BLOCK JAYANAGAR BENGALURU-560 082 …APPELLANTS (BY SRI. M.R. RAJGOPAL, SENIOR ADVOCATE, SRI. H.N. BASAVARAJU ALONG WITH SRI. SUNIL M.V AND VINAYAK KULKARNI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 009.
3. THE ASSISTANT COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 009.
4. THE SPECIAL TAHSILDAR BENGALURU NORTH (ADDL)
TALUK, BENGALURU.
5. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002.
6. SRI.VENKATASWAMAPPA MAJOR IN AGE, S/O LATE POOJAPPA R/O KATTIGENAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH (ADDITIONAL)TALUK-560 064.
SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES
6(a) SMT. DODDABADRAMMA W/O LATE VENKATASWAMAPPA MAJOR IN AGE
6(b) SMT. JAYALAKSHMAMMA D/O LATE VENKATASWAMAPPA MAJOR IN AGE
6(c) SRI PUTTARAJU S/O LATE VENKATASWAMAPPA MAJOR IN AGE
6(d) SRI. PUTTEGOWDA S/O LATE VENKATASWAMAPPA MAJOR IN AGE
6(e) SRI. VENKATAPPA S/O LATE VENKATASWAMAPPA MAJOR IN AGE
6(f) SRI. VASANTHA KUMAR S/O LATE VENKATASWAMAPPA MAJOR IN AGE
6(g) SRI. SHANKAR S/O LATE VENKATASWAMAPPA MAJOR IN AGE RESPONDENT NO.6(a) to 6(g)
ARE RESIDING AT:
KATTIGENAHALLI VILLAGE JALA HOBLI, BENGALURU NORTH (ADDITIONAL) TALUK-560 064. 7. SMT.MUNIRATHNAMMA AGED ABOUT 42 YEARS D/O LATE MUTHAPPA, 8. SRI.VENKATESH AGED ABOUT 40 YEARS S/O LATE MUTHAPPA, 9. SRI.THIMMANNA AGED ABOUT 38 YEARS S/O LATE MUTHAPPA, 10. SMT.VENKATALAKSHMAMMA AGED ABOUT 35 YEARS D/O LATE MUTHAPPA, 11. SMT.CHANNAMMA AGED ABOUT 33 YEARS D/O LATE MUTHAPPA, RESPONDENTS NO.7 TO 11 ARE RESIDING AT KATTIGENAHALLI VILLAGE JALA HOBLI, BENGALURU NORTH (ADDITIONAL) TALUK-560 064.
12. SRI.CHINNAPPA MAJOR IN AGE S/O LATE POOJAPPA, SINCE DECEASED, REPRESENTED BY HIS LEGAL REPRESENTATIVES
12(a) SMT. MUTHAMMA W/O LATE CHINNAPPA MAJOR IN AGE
12(b) SMT. AKKAYAMMA D/O LATE CHINNAPPA MAJOR IN AGE
12(c) SRI. MUNEGOWDA S/O LATE CHINNAPPA MAJOR IN AGE
12(d) SMT. VENKATALAKSHMI D/O LATE CHINNAPPA MAJOR IN AGE
12(e) SMT. CHINAMMA D/O LATE CHINNAPPA MAJOR IN AGE
12(f) SMT. JAYAMMA D/O LATE CHINNAPPA MOJOR IN AGE
12(f) (A) SRI S. GOPALAIAH S/O SHIVAM AGED 40 YEARS
12(f) (B) MASTER. PAWAN S/O SRI. S. GOPALAIAH AGED 13 YEARS SINCE MINOR REPRESENTED BY SRI. S. GOPALAIAH
12(f) (C) MISS. PALLAVI S/O SRI. G. GOPALAIAH AGED 10 YEARS SINCE MINOR REPRESENTED BY SRI. S. GOPALAIAH
12(f) (A), 12(f) (B) AND 12(f) (C)
ARE RESIDING AT MUDDANAHALLI VILLAGE HESARAGATTA HOBLI RAJANAKUNTE POST BENGALURU NORTH TALUK BENGALURU
12(g) SMT. ANNAYAPPA S/O LATE CHINNAPPA MAJOR IN AGE RESPONDENT NO.12 (a) TO 12(g)
RESIDING AT KATTIGENAHALLI VILLAGE JALA HOBLI BENGALURU NORTH (ADDITIONAL) TALUK-560 064.
13. SRI.MANJUNATH MAJOR IN AGE S/O LATE THIRUMALAPPA
14. SRI. SURESH MAJOR IN AGE S/O LATE THIRUMALAPPA
15 SRI.SHIVARAJ MAJOR IN AGE S/O LATE THIRUMALAPPA 16. SMT.BHAGYAMMA MAJOR IN AGE D/O LATE THIRUMALAPPA
17. SMT.AKKAYAMMA MAJOR IN AGE D/O LATE THIRUMALAPPA RESPONDENTS NO.13 TO 17 ARE RESIDING AT KATTIGENAHALLI VILLAGE JALA HOBLI, BENGALURU NORTH (ADDITIONAL) TALUK-560 064.
18. SRI.MUNI ANJANAPPA MAJOR IN AGE S/O LATE POOJAPPA, R/AT KATTIGENAHALI VILLAGE JALA HOBLI, BENGALURU NORTH (ADDITIONAL) TALUK-560 064.
19. SRI.LOKANATHARAJU MAJOR IN AGE S/O LATE VENKATARAJU, NO.3, BALAJI COMPLEX, R.T.NAGAR POST, P & T COLONY, BENGALURU-560 032 SINCE DEAD BY HIS LRS
19(a) LAKSHMI W/O LATE LOKANATHARAJU AGED ABOUT 65 YEARS (b) SMT. RAMYA D/O LATE LOKANATHARAJU AGED ABOUT 45 YEARS (c) SMT. CHAMPAKA D/O LATE LOKANATHARAJU AGED ABOUT 40 YEARS (d) SMT. RAVATHI D/O LATE LOKANATHARAJU AGED ABOUT 35 YEARS ALL THE LR'S NO.19(a) TO 1(d)
ARE R/O #32, 6TH MAIN ROAD K.H.M. BLOCK, GANGANAGARA BENGALURU-560 032.
20. SMT.K.SAROJAMMA MAJOR IN AGE W/O SRI.K.NAGARAJU R/AT NO.57/1 VASANTHAPPA GARDEN DOOPANAHALLI HAL II STAGE BENGALURU-560 008.
21. SRI.K.NAGARAJU AGED ABOUT 58 YEARS S/O KARPANNA R/AT NO.57/1 VASANTHAPPA GARDEN DOOPANAHALLI HAL II STAGE BENGALURU-560 008
22. SRI.VARADARAJU MAJOR N AGE, S/O PERUMAL RAJU, C/O N.RAMARAJU, R/AT NO.44/51, 7TH MAIN 9TH CROSS, R.K.LAYOUT, PADMANABHANAGAR, BENGALURU-560 061.
23. INDIAN OIL CORPORATION LIMITED, MARKETING DIVISION, INDIAN OIL, BHAVAN, NO.29 P.KALINGA RAO ROAD, BENGALURU-560 027 REPRESENTED BY ITS AUTHORISED OFFICER.
24. M/S. OZONE SHELTERS (P) LIMITED NO.38, ULSOOR ROAD BENGALURU-560 042 REPRESENTED BY ITS AUTHORISED SIGNATORY MR.P.K.SRINIVASA RAO.
…RESPONDENTS (BY SRI. ARUNA G.R AGA FOR R1 TO R4, R5 AND R25 ARE SERVED BUT UNREPRESENTED SRI. C.R NAVEEN KUMAR, ADVOCATE FOR R6(a) TO (f) & R12 (a TO f) AND R12(f) (a TO c)
SRI MURTHY .A, ADVOCATE FOR R7 TO R18 &
ALSO R6(a TO g) & R12 (a TO g) VIDE ORDER DATED
17.12.2019, NOTICE TO R19 IS HELD SUFFICIENT SRI. H.S. SOMANATH, ADVOCATE FOR R20 & R21 SRI. SRIVATSA, SENIOR ADVOCATE FOR SRI. P.M.NARAYANA SWAMY AND SRI. MOHAMMED AKHIL, ADVOCATE FOR CAV/R22, SRI. GURURAJ R, ADVOCAGE FOR R23)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 AND 2 R/W SEC.96 OF CPC., AGAINST THE ORDER DATED 16.3.2018 PASSED ON IA NO.11 IN OS NO.431/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI, ALLOWING IA NO.11 FILED UNDER ORDER 7 RULE 11(a) AND (d) OF CPC FOR REJECTION OF PLAINT.
THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE RAJESH RAI K)
1. This Regular First Appeal is filed by the appellants- plaintiffs challenging the order dated 16.03.2018 passed in I.A.No.11 filed by defendant No.22 i.e., respondent No.22 under Order VII Rule 11 (a) & (d) of CPC in O.S.No.431/2012 before the Senior Civil Judge & JMFC, Devanahalli (hereinafter referred to as "the Trial Court", for short) whereby, the Trial court allowed I.A.No.11 and consequently, rejected the plaint as the suit was barred by law of limitation and for want of cause of action.
2. For the sake of convenience, the parties are referred to by their ranks before the Trial Court.
3. The abridged facts of the case are as under:
The plaintiffs filed a suit for declaration of title and permanent injunction with respect to land bearing No.6/2 measuring 2 acres 25 guntas and measuring 1 acre 10 guntas, situated at Kattigenahalli Village, Jala Hobli, Bengaluru North Taluk mentioned in item Nos.1 and 2 of the plaint (hereinafter referred to as "the suit schedule properties", for short).
4. Plaintiff No.1 is the wife of one late C.S.Thirumala Iyengar. Plaintiff Nos.2 and 3 are the children of said late C.S. Thirumala Iyengar. Late C.S.Thirumala Iyengar was the son of late Srinivasa Iyengar. The said late Srinivasa Iyengar was an Inamdar of the Village "Kattigenahalli" Devanahalli Taluk, now at Jala Hobli, Bengaluru North Taluk.
5. The suit schedule properties were Inam lands. One late Thola Bangaru Swamy Nayaka was the permanent tenant of the suit schedule properties including the entire village of the Kattigenahalli and he sold the suit schedule properties in favour of the ancestors of the plaintiffs vide registered Sale Deed dated 28.08.1969.
6. It is the further case of the plaintiff that there was a family partition among the family members of late Srinivasa Iyengar in the year 1951 and the suit schedule properties came to the share of late Srinivasa Iyengar.
7. Later, pursuant to the Karnataka Inams Abolition Act coming into force, late C.S.Thirumala Iyengar S/o late Srinivasa Iyengar made an application to the Competent Authority for re- grant of Inam lands in the village called Kattigenahalli with respect to Sy.Nos.91 and 97. The instant suit is in respect of Sy.No.91 (new Sy.No.6/2) i.e. the suit schedule properties. The said application made by late C.S. Thirumala Iyengar was registered before the Special Deputy Commissioner for Inams Abolition in Case No.33/1959-60. Pursuant to the same, the Special Deputy Commissioner held an enquiry and after perusing all necessary documents held that late C.S.Thirumala Iyengar was an "occupant" of land and registered him as an "occupant".
8. Pursuant to the aforesaid order passed by the Special Deputy Commissioner, registering C.S. Thirumala Iyengar as an occupant, revenue records were mutated in the name of late C.S.Thirumala Iyengar. All of a sudden one Mr.Poojappa, S/o Thirumalappa i.e. the father of defendant Nos.6, 12 and 18 had made an application in respect of land bearing Sy.No.96 of Kattigenahalli Village, measuring 4 Acres. The Special Deputy Commissioner in case No.65/1959-60 passed order in respect of Sy.No.96 in favour of Poojappa and registered him as an occupant of Sy.No.96 (new Sy.No.6/1).
9. Further case of the plaintiffs is that they were cultivating the suit schedule properties through their agents and were in actual physical possession of the suit schedule properties. When they obtained the RTC pertaining to the suit schedule properties, all of a sudden they were shocked and surprised to see that Mr. Poojappa's name was entered in RTC with respect to suit schedule properties and his name was mutated vide M.R.No.23/79-80.
10. It is the further case of the plaintiff that the said Poojappa has no right, title or interest in respect of the suit schedule properties. The mutation entry bearing M.R.No.23/79- 80 was fraudulently entered in favour of Poojappa for illegal gain without any title or interest. It is pertinent t
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
