SRI B C NARYANAPPA vs SMT JYOTSNABEN MANOHARDAS VALIA

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2025 Supreme(Online)(Kar) 40943

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL NO.904 OF 2006 (DEC)
BETWEEN:
SRI B C NARYANAPPA AGED ABOUT 67 YEARS S/O LATE CHIKKAMUNISWAMAPPA R/AT NO 142, 4^TH CROSS NAGAPPA BLOCK SRIRAMPURAM, BANGALORE-560 021 SINCE DEAD BY HIS LRS.
1(a) SRI N.SURESH KUMAR AGED ABOUT 34 YEARS S/O LATE B.C.NARAYANAPPA 1(b) SRI N.SHIVA KUMAR AGED ABOUT 29 YEARS S/O LATE B.C.NARAYANAPPA SINCE DEAD BY HIS LRS.
Digitally signed by R 1(b)(i) SMT.N.SHEETAL MANJUNATHA W/O LATE SHIVAKUMAR Location:
AGED ABOUT 35 YEARS HIGH COURT OF KARNATAKA 1(c) SMT.N.SAVITHRAMMA AGED ABOUT 29 YEARS S/O LATE B.C.NARAYANAPPA
1(d) SMT.N.RUKMINI AGED ABOUT 31 YEARS D/O LATE B.C.NARAYANAPPA W/O MUNISWAMY
1(e) SMT.N.HEMAVATHI AGED ABOUT 40 YEARS D/O LATE B.C.NARAYANAPPA W/O MUNIYAPPA
1(f) SMT.LEELAVATHI AGED ABOUT 32 YEARS D/O LATE B.C.NARAYANAPPA W/O ANANDA REDDY
1(g) SMT.SHARADAMMA AGED ABOUT 70 YEARS D/O LATE B.C.NARAYANAPPA ALL ARE RESIDING IN NO.142
4^TH MAIN, NAGAPPA BLOCK SRIRAMPURAM BANGALORE – 560 021 …APPELLANTS [BY SRI HEMANTH KUMAR G M, ADVOCATE FOR A1(A TO F)
AND LRs OF A1(B);
SRI M.S.NARAYANA RAO, ADVOCATE FOR A1(G)]
AND:
1. SMT JYOTSNABEN MANOHARDAS VALIA W/O LATE MANORDAS VALIA R/AT NO 46, 4^TH CROSS, GANDHI NAGAR BANGALORE-560 009
2. SRI C MANI R/AT NO 116, 4^TH CROSS SAIBABA NAGAR, SRIRAMPURAM BANGALORE—560 021
3. SRI RAJENDRA RESIDING AT NO.68, 1^ST CROSS, ROBERTSON BLOCK SRIRAMPURAM BANGALORE-560 021
4. SRI YETHIRAJ RESIDING AT NO.144, NEW 37, 4^TH CROSS NAGAPPA BLOCK, SRIRAMPURAM BANGALORE-560 021 5. SRI CHAKRAPANI RESIDING AT NO.36, 5^TH CROSS, L N PURAM SRIRAM PURAM BANGALORE-560 021
6. SRI M BALASUBRAMANI S/O MUNISWAMY AGED ABOUT 30 YEARS RESIDING AT NO.4212/6A, 1^ST MAIN, SUBRAMANYA NAGAR MUNESHWARA TEMPLE STREET BANGALORE
7. SRI RAKESH V. MEHATA AGED ABOUT 37 YEARS S/O VINODRAI O MEHTA R/AT NO.218/B, 57^TH CROSS, 4^TH BLOCK, RAJAJINAGAR BENGALURU – 560 010 8. SMT.GEETHA MANI AGED ABOUT 55 YEARS W/O C MANICHETTY R/AT NO.152/A, 2^ND CROSS, ITI LAYOUT NAYANDANAHALLI BENGALURU- 560 039 …RESPONDENTS (BY SRI. C G GOPALASWAMY, ADVOCATE FOR C/R2 TO R4 AND R6;
R5, R7 AND R8 ARE SERVED AND UNREPRESENTED;
VIDE ORDER DATED 20.09.2010, APPEAL IS DISMISSED AS AGAINST R1)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 18.02.2006 PASSED IN O.S.No.2258/1990 ON THE FILE OF THE I ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE (CCH.NO.2), DISMISSING THE SUIT FOR DECLARATION, CANCELLATION OF SALE DEED AND FOR PERMANENT INJUNCTION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Heard Sri Hemant Kumar G.M., learned counsel for the appellants. None appears for the respondents.

2. Unsuccessful plaintiff in O.S.No.2258/1990, on the file of First Additional City Civil and Sessions Judge, Bangalore is the appellant in this appeal, challenging the dismissal of the suit.

3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under.

4. In respect of the following immovable property (hereinafter referred to as ‘suit property’), a suit came to be filed by the plaintiff with the following prayer:

“(1) Declaring the Sale-Deed dated 22-2.1963, executed by the Plaintiff, his mother and brothers, as nominal Sale not effecting the right, title of the Plaintiff in the Sites bearing Nos-, 37 and 37/1. situated in 4th Cross, Nagappa Block, Sriramapuramg Banga lore-560 021 and cancel the same.

(11). Consequently, Cancel the approved Plan bearing I.P-No.104/1989-90, dated 2.12.1989, valid upto 1.12.1991, granted by the Corporation of the City of Bangalore, in favour of the Defendant with respect to the Sites bearing No.37/1, situated at 4^th Cross, Nagappa Block, Sriramapuram, Bangalore-21.

(111) Restrain the Defendant, her agents, Successors-in- interest heirs, assigns from tresspassing on the sites bearing Nos.37 and 37/1, "situated in 4^th Cross Nagappa Block, Sriramapuram, Bangalore-21 and from putting-up construction and from disturbing the Peaceful possession and enjoyment of the Plaintiff by issue of a Permanent injunction, and

Declaring the plaintiff as lawful owner of suit schedule property become 37/1 (old No.142) situated in 4^th cross, Nagappa block, Srirampuram, Bangalore-21.

5. The plaint got amended and further prayers were added. Further prayers after the amendment read as under:

Wherefore, the plaintiff prays that this Hon'ble court be pleased to decree the suit ;

(i) Declaring the sale deed dated 22.2.1963, executed by the plaintiff, his mother and brothers, as nominal sale not affecting the right, title of the plaintiff in the site bearing Nos.37 and 37/1 situated in 4^th Cross, Nagappa Block, Srirampuram, Bangalore-560 021, and cancel the same .

(ii) Consequently, cancel the approved plan bearing L.P.No.105/1989-90 dated 2.12.1989, valid upto 1.12.1991, granted by the Corporation of the City of Bangalore, in favour of the defendant with respect to the sites bearing No.37/1 situated at 4^th Cross, Nagappa Block, Srirampuram, Bangalore-560 021 :

(iii) Restrain the defendant, her agents, successors-in-interest, heirs, assigns, from trespassing on the sites bearing Nos.37 and 37/1 situated in 4^th Cross, Nagappa Block, Srirampuram, Bangalore - 560 021 and from putting up construction and from disturbing the peaceful possession and enjoyment of the plaintiff by issue of a permanent injunction

(iv) Declare the plaintiff as lawful owner of suit schedule property bearing No.37/1 (old 142) situated in 4^th Cross, Nagappa Block, Srirampuram, Bangalore -21,

(v) consequently, cancel the sale deed ;

(a) dated 5.2.1990 entered by the first defendant to second defendant ;

(b) dated 7.2.1990 entered by the first defendant to third defendant ;

(d) sale deed executed by the first defendant to fifth defendant ;

(vi) Directing the defendants No.2 to 5 to deliver vacant possession of that portion of the suit schedule property which had been illegally occupied by them to the plaintiff;

(vii) pass a decree proliminary/final awarding a mesne profit to the plaintiff of Rs.2,000/- or as like sum which is desired after enquiry from the defendants and hold an enquiry to calculate exact mesne profits which the plaintiff is entitled to from 1.7.1990 when the defendant illegally began putting up construction till they deliver vacant possession of the suit schedule property and pass a final decree in terms of the result of the above said enquiry;

Schedule

All that land and Sites bearing Nos.37 and 37/1 , (old No.142) situated in 4^th C

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