2025 Supreme(Online)(Kar) 41675

RFA No. 2209 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA REGULAR FIRST APPEAL NO.2196 OF 2025 (PAR)
C/W REGULAR FIRST APPEAL NO.2198 OF 2025 (PAR/POS), REGULAR FIRST APPEAL NO.2209 OF 2025 (PAR)
IN RFA No.2196/2025 BETWEEN:
11. SUVARNA BAI LATE RUDROJI RAO W/O RANOJI RAO GAYAKVADA AGED ABOUT 78 YEARS, R/O OLD SHIVAJINAGAR, BEHIND DURGAMMA GUDI, DAVANAGERE-577001.
22. RATNA BAI W/O LATE DEVENDRA RAO, Digitally signed by AGED ABOUT 65 YEARS, MAHALAKSHMI B M Location: HIGH 3. VIJAY KUMAR COURT OF S/O LATE DEVEDRA RAO, KARNATAKA AGED ABOUT 39 YEARS, 4. SHEELA BAI D/O LATE DEVENDRA RAO, AGED ABOUT 36 YEARS, 5. REKHA BAI D/O LATE DEVENDRA RAO, APPELLANTS NOS.2 TO 5 ARE R/O HANUMANTHAPURA, BHADRAVATHI TALUK, SHIVAMOGGA – 577226.
RFA No. 2209 of 2025 HC-KAR
6. SAROJA BAI W/O LATE CHANDROJI RAO, AGED ABOUT 76 YEARS, 7. AMBAKSHI BAI D/O LATE CHANDROJI RAO, AGED ABOUT 46 YEARS, 8. C. MALATHESH RAO, S/O LATE CHANDROJI RAO, AGED ABOUT 49 YEARS, APPELLANT NOS.6 TO 8 ARE R/O MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
…APPELLANTS (BY SRI HEGDE SHRIPAD RAMAKRISHNA, ADVOCATE)
AND:
1. LAKSHMAN RAO S/O LATE DHAMOJI RAO, AGED ABOUT 75 YEARS, 2. SURESH RAO S/O LATE DHAMOJI RAO, AGED ABOUT 65 YEARS, 3. TUKARAM S/O LATE DHAMOJI RAO, AGED ABOUT 58 YEARS, 4. MANGALA BAI W/O LATE SHRIDHARA, 5. LAKSHMI BAI ALIAS RADHA BAI W/O LATE M.J. KRISHNOJI RAO, SINCE DECEASED.
RFA No. 2209 of 2025 HC-KAR
6. ARAVINDA S/O LATE M.J. KRISHNOJI RAO, AGED ABOUT 52 YEARS, 7. MALLIKA D/O LATE M.J. KRISHNOJI RAO, AGED ABOUT 50 YEARS, 8. VEENA BAI W/O LATE M.J. KRISHNOJI RAO, AGED ABOUT 55 YEARS, RESPONDENT NOS.1 TO 8 ARE R/O MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
9. JAYA BAI W/O LATE S. KHANDAPPA, AGED ABOUT 85 YEARS, 10. KALPANA D/O LATE S KHANDAPPA, AGED ABOUT 65 YEARS, 11. DINAKARA S/O LATE S. KHANDAPPA, AGED ABOUT 60 YEARS, 12. KAVITHA D/O LATE S. KHANDAPPA, AGED ABOUT 48 YEARS, RESPONDENT NOS.9 TO 12 ARE R/O SHIVAMURTHY CIRCLE, MAIN ROAD, BEHIND METRO HOSPITAL, JAYANAGARA, SHIVAMOGGA-577201.
13. EKANATHA S/O S. KHANDAPPA, R/O HALE HIRIYURU, KASABA HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA-577302.
RFA No. 2209 of 2025 HC-KAR MANJULAMMA W/O LATE CHANDRASHEKHARAYYA, SINCE DECEASED REP BY L.RS. 14. JAGADEESH KUMAR M.C., S/O LATE CHANDRASHEKHARAIAH, AGED ABOUT 49 YEARS, 15. ROOPA D/O LATE CHANDRASHEKHARAIAH, AGED ABOUT 57 YEARS, 16. SUMA D/O LATE CHANDRASHEKHARAIAH, AGED ABOUT 59 YEARS, RESPONDENT NOS.14 TO 16 ARE RESIDENTS OF 1^ST CROSS, GANDHINAGARA, BHADRAVATHI TALUK, SHIVAMOGGA-577201.
17. K. MANJUNATHA S/O LATE KUPPAN, AGED ABOUT 68 YEARS, R/O COLLEGE ROAD, MARASHETTIHALLI, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
18. RATHNAMMA ALIAS NAGARATHNAMMA W/O LATE RAJAGOPAL .K AGED ABOUT 70 YEARS, R/O BASAVANAGUDI 6^TH CROSS, SHIVAMOGGA-577201.
19. K. KANNAN S/O KUPPAN, AGED ABOUT 58 YEARS, ARAVIND COLLECTION CENTRE, NEXT TO AKASH WINE STORE, NEHRU ROAD, SHIVAMOGGA-577201.
20. SUBRAMANI S/O SANDRI KUPPASWAMY NAIDU, RFA No. 2209 of 2025 HC-KAR R/O D B HALLI COLONY, COLLEGE ROAD, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
21. G.K. KUMAR S/O KADAPPA AGED ABOUT 38 YEARS, 22. G.M. MALLESHAPPA S/O CHANNABASAPPA AGED ABOUT 75 YEARS, 23. G.M. RAJU S/O MALLESHAPPA AGED ABOUT 40 YEARS, 24. SUJATHA W/O TEERTHAYYA, AGED ABOUT 65 YEARS, SHARADA SHENOY W/O LATE SHESHAGIRI SHENOPY SINCE DECEASED REP. BY LRS.
25. SHIVANANDA .S S/O LATE SHESHAGIRI, AGED ABOUT 69 YEARS, 26. BABU .T S/O LATE SHESHAGIRI AGED ABOUT 64 YEARS, 27. VISHWANATHA S/O LATE SHESHAGIRI, AGED ABOUT 58 YEARS, 28. SAROJAMMA W/O GOPALAPPA
29. LAKSHMAMMA W/O RAMAPA, RFA No. 2209 of 2025 HC-KAR
30. LAKSHMAN S/O MAYANNA GOWDA AGED ABOUT 58 YEARS, 31. RAMAKRISHNA S/O LATE MAYANNA GOWDA AGED ABOUT 55 YEARS, 32. M. TEERTHAYYA M S/O MADEVAYYA, AGED ABOUT 78 YEARS, 33. DR. RATNAKARA S/O LOKAPPA PANDITH, AGED ABOUT 78 YEARS, 34. KEMPEGOWDA S/O CHIKKEERAYYA, AGED ABOUT 85 YEARS, 35. PUTTAMMA W/O KAPINIGOWDA, AGED ABOUT 85 YEARS, 36. PUTTA RUDRAMMA W/O VENKAYYA, AGED ABOUT 80 YEARS, 37. PADMANABHA SHENOY S/O LATE RAMACHANDRA SHENOY, AGED ABOUT 72 YEARS, 38. MANJUNATHA SHENOY S/O LATE RAMCHANDRA SHENOY, AGED ABOUT 60 YEARS, 39. SATHYANARAYANA ALIAS SATHISH SHENOY
40. VIJENDRA SHENOY RFA No. 2209 of 2025 HC-KAR
41. MANAGALA GOWRI D/O LATE RAMACHANDRA SHENOY, AGED ABOUT 58 YEARS, 42. KRISHNAVENI D/O LATE RAMACHANRA SHENOY, AGED ABOUT 56 YEARS, 43. JAYALAKSHMI W/O LATE DEVENDRA SHENOY, AGED ABOUT 68 YEARS, 44. MUKTHA D/O RAMCHANDRA SHENOY, AGED ABOUT 58 YEARS, 45. DAMODARA S/O RAMACHANDRA SHENOY, AGED ABOUT 53 YEARS, 46. SHARADAMMA W/O HANUMANTHAPPA, AGED ABOUT 75 YEARS, 47. NELAKKA W/O HANUMANNA, AGED ABOUT 85 YEARS, 48. KHANDAPPA (PAPAJI)
S/O MAHADEVAPPA, AGED ABOUT 90 YEARS, 49. M.C. OMKARAMURTHY S/O LATE CHANNAPA, AGED ABOUT 70 YEARS, 50. K.B. JAYANNA S/O BHEEMAPPA, 51. GEETHA BAI W/O RATHNOJI RAO, RFA No. 2209 of 2025 HC-KAR
52. V. ASHOK RAO S/O LATE VITTOBA RAO, AGED ABOUT 70 YEARS, RUDRESH ALIAS MOTI BABANNA S/O MOTI LAKSHMANAPPA, SINCE DECEASED BY HIS L.RS.
53. RATHNAMMA W/O LATE RUDRESHA ALIAS MOTI BABANNA, AGED ABOUT 58 YEARS, 54. SUMA, D/O LATE RUDRESHA ALIAS MOTI BABANNA, AGED ABOUT 32 YEARS, 55. SINDHU D/O LATE RUDRESHA ALLAS MOTI BABANNA, AGED ABOUT 30 YEARS, 56. RADHA W/O SUDHAKARA, AGED ABOUT 45 YEARS, RESPONDENT NOS.21 TO 56 ARE R/O COLLEGE ROAD, MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
57. BHAGYAMMA W/O LATE K.N. THIMMAPPA, AGED ABOUT 80 YEARS, R/O ARABILACHI, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
58. K.P. MAHABAL RAO S/O KESHAV RAO, PRIEST OF NAGA DEITY, R/O BHADRA COLONY, BHADRVATHI TALUK, SHIVAMOGGA-577301.
…RESPONDENTS RFA No. 2209 of 2025 HC-KAR THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 03.07.2025 PASSED ON I.A.NO.14 IN O.S.NO.85/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, ALLOWING THE I.A.NO.14 FILED UNDER ORDER 7 RULE 11(a) AND (d) R/W SECTION 151 OF CPC FOR REJECTION OF PLAINT.
IN RFA NO.2198/2025 BETWEEN:
1. SUVARNA BAI LATE RUDROJI RAO W/O RANOJI RAO GAYAKVADA, AGED ABOUT 78 YEARS, R/O OLD SHIVAJINAGAR, BEHIND DURGAMMA GUDI, DAVANAGERE-577001.
2. RATNA BAI W/O LATE DEVENDRA RAO, AGED ABOUT 65 YEARS, 3. VIJAY KUMAR S/O LATE DEVENDRA RAO, AGED ABOUT 39 YEARS, 4. SHEELA BAI D/O LATE DEVENDRA RAO, AGED ABOUT 36 YEARS, 5. REKHA BAI D/O LATE DEVENDRA RAO, AGED ABOUT 37 YEARS, APPELLANT NOS.2 TO 5 ARE R/O HANUMANTHAPURA, BHADRAVATHI TALUK, SHIVAMOGGA-577226.
6. SAROJA BAI RFA No. 2209 of 2025 HC-KAR
7. AMBAKSHI BAI D/O LATE CHANDROJI RAO, AGED ABOUT 46 YEARS, 8. C MALATHESH RAO S/O LATE CHANDROJI RAO, AGED ABOUT 49 YEARS, APPELLANT NOS.6 TO 8 ARE R/O MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
...APPELLANTS (BY SRI HEGDE SHRIPAD RAMAKRISHNA, ADVOCATE)
AND:
1. LAKSHMAN RAO S/O LATE DHAMOJI RAO, AGED ABOUT 75 YEARS, 2. SURESH RAO S/O LATE DHAMOJI RAO, AGED ABOUT 65 YEARS, 3. TUKARAM S/O LATE DHAMOJI RAO, AGED ABOUT 58 YEARS, 4. MANGALA BAI W/O LATE SHRIDHARA, AGED ABOUT 67 YEARS, 5. LAKSHMI BAI ALIAS RADHA BAI W/O LATE M.J. KRISHNOJI RAO, SINCE DECEASED 6. ARAVINDA S/O LATE M.J. KRISHNOJI RAO, RFA No. 2209 of 2025 HC-KAR
7. MALLIKA D/O LATE M.J. KRISHNOJI RAO, AGED ABOUT 50 YEARS, 8. VEENA BAI W/O LATE M.J. KISHNOJI RAO, AGED ABOUT 55 YEARS, RESPONDENT NOS.1 TO 8 ARE R/O. MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
9. JAYA BAI W/O LATE S KHANDAPPA, AGED ABOUT 85 YEARS, 10. KALPANA D/O LATE S. KHANDAPPA, AGED ABOUT 65 YEARS, 11. DINAKARA S/O LATE S. KHANDAPPA, AGED ABOUT 60 YEARS, 12. KAVITHA D/O LATE S. KHANDAPPA, AGED ABOUT 48 YEARS, RESPONDENT NOS.9 TO 12 ARE R/O SHIVAMURTHY CIRCLE, MAIN ROAD, BEHIND METRO HOSPITAL, JAYANAGARA, SHIVAMOGGA-577201.
13. EKANATHA S/O S. KHANDAPPA, AGED ABOUT 58 YEARS, R/O HALE HIRIYURU, KASABA HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA-577302.
MANJULAMMA SINCE DECEASED REP BY L.RS.
RFA No. 2209 of 2025 HC-KAR
14. JAGADEESH KUMAR M.C., S/O LATE CHANDRASHEKHARAIAH, AGED ABOUT 49 YEARS, 15. ROOPA D/O LATE CHANDRASHEKHARALAH, AGED ABOUT 57 YEARS, 16. SUMA D/O LATE CHANDRASHEKHARAIAH, AGED ABOUT 59 YEARS, RESPONDENT NOS.14 TO 16 ARE RESIDENTS OF 1^ST CROSS, GANDHINAGARA, BHADRAVATHI TALUK, SHIVAMOGGA-577201. 17. K. MANJUNATHA S/O LATE KUPPAN, AGED ABOUT 68 YEARS, R/O COLLEGE ROAD, MARASHETTIHALLI, BHADRAVATHI TALUK, SHIVAMOGGA- 577233
18. RATHNAMMA ALIAS NAGARATHNAMMA W/O LATE RAJAGOPAL .K AGED ABOUT 70 YEARS, R/O BASAVANAGUDI, 6^TH CROSS, SHIVAMOGGA-577201.
19. K. KANNAN S/O KUPPAN, AGED ABOUT 58 YEARS, ARAVIND COLLECTION CENTRE, NEXT TO AKASH WINE STORE, NEHRU ROAD, SHIVAMOGGA-577201.
20. SUBRAMANI S/O SANDRI KUPPASWAMY NAIDU, R/O D.B. HALLI COLONY, COLLEGE ROAD, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
RFA No. 2209 of 2025 HC-KAR
21. G.K. KUMAR S/O KADAPPA, AGED ABOUT 38 YEARS, 22. G.M. MALLESHAPPA S/O CHANNABASAPPA, AGED ABOUT 75 YEARS, 23. G.M. RAJU S/O MALLESHAPPA, AGED ABOUT 40 YEARS, 24. SUJATHA W/O TEERTHAYYA, AGED ABOUT 65 YEARS, SHARADA SHENOY W/O LATE SHESHAGIRI SHENOY, SINCE DECEASED, REP BY L.RS.
25. SHIVANANDA .S S/O LATE SHESHAGIRI, AGED ABOUT 69 YEARS, 26. BABU .T S/O LATE SHESHAGIRI, AGED ABOUT 64 YEARS, 27. VISHWANATHA S/O LATE SHESNAGIRI, AGED ABOUT 58 YEARS, 28. SAROJAMMA W/O GOPALAPPA, AGED ABOUT 75 YEARS, 29. LAKSHMAMMA W/O RAMAPA, 30. LAKSHMAN S/O MAYANNA GOWDA, RFA No. 2209 of 2025 HC-KAR
31. RAMAKRISHNA S/O LATE MAYANNA GOWDA, AGED ABOUT 55 YEARS, 32. M. TEERTHAYYA .M S/O MADEVAYYA, AGED ABOUT 78 YEARS, 33. DR. RATNAKARA S/O LOKAPPA PANDITH, AGED ABOUT 78 YEARS, 34. KEMPEGOWDA S/O CHIKKEERAYYA, AGED ABOUT 85 YEARS, 35. PUTTAMMA W/O KAPINIGOWDA, AGED ABOUT 85 YEARS, 36. PUTTA RUDRAMMA W/O VENKAYYA, AGED ABOUT 80 YEARS, 37. PADMANABHA SHENOY S/O LATE RAMACHANDRA SHENOY, AGED ABOUT 72 YEARS, 38. MANJUNATHA SHENOY S/O LATE RAMCHANDRA SHENOY, AGED ABOUT 60 YEARS, 39. SATHYANARAYANA ALIAS SATHISH SHENOY S/O LATE RAMACHANDRA SHENOY, AGED ABOUT 62 YEARS, 40. VIJENDRA SHENOY
41. MANGALA GOWRI RFA No. 2209 of 2025 HC-KAR
42. KRISHNAVENI D/O LATE RAMACHANRA SHENOY AGED ABOUT 56 YEARS, 43. JAYALAKSHMI W/O LATE DEVENDRA SHENOY, AGED ABOUT 68 YEARS, 44. MUKTHA D/O RAMCHANDRA SHENOY, AGED ABOUT 58 YEARS, 45. DAMODARA S/O RAMACHANDRA SHENOY, AGED ABOUT 53 YEARS, 46. SHARADAMMA W/O HANUMANTHAPPA, AGED ABOUT 75 YEARS, 47. NELAKKA W/O HANUMANNA, AGED ABOUT 85 YEARS, 48. KHANDAPPA (PAPAJI)
S/O MAHADEVAPPA, AGED ABOUT 90 YEARS, 49. M.C. OMKARAMURTHY S/O LATE CHANNAPA, AGED ABOUT 70 YEARS, 50. K.B. JAYANNA S/O BHEEMAPPA, AGED ABOUT 78 YEARS, 51. GEETHA BAI W/O RATHNOJI RAO, 52. V ASHOK RAO S/O LATE VITTOBA RAO, RFA No. 2209 of 2025 HC-KAR RUDRESH ALIAS MOTI BABANNA S/O MOTI LAKSHMANAPPA, SINCE DECEASED BY HIS L.RS.
53. RATHNAMMA W/O LATE RUDRESHA ALIAS MOTI BABANNA, AGED ABOUT 58 YEARS, 54. SUMA, D/O LATE RUDRESHA ALIAS MOTI BABANNA, AGED ABOUT 32 YEARS, 55. SINDHU D/O LATE RUDRESH ALIAS MOTI BABANNA, AGED ABOUT 30 YEARS, 56. RADHA W/O SUDHAKARA, AGED ABOUT 45 YEARS, RESPONDENT NOS.21 TO 56 ARE R/O COLLEGE ROAD, MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
57. BHAGYAMMA W/O LATE K.N. THIMMAPPA, AGED ABOUT 80 YEARS, R/O ARABILACHI, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
58. K.P. MAHABAL RAO S/O KESHAV RAO, AGED ABOUT 80 YEARS, PRIEST OF NAGA DEITY, R/O BHADRA COLONY, BHADRAVATHI TALUK, SHIVAMOGGA-577301.
...RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 03.07.2025 PASSED ON I.A.NO.9 IN O.S.NO.85/2022 RFA No. 2209 of 2025 HC-KAR ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, ALLOWING THE I.A.NO.9 FILED UNDER ORDER 7 RULE 11(a) AND (d) R/W SECTION 151 OF CPC, FOR REJECTION OF PLAINT.
IN RFA NO.2209/2025 BETWEEN:
1. SUVARNA BAI LATE RUDROJI RAO W/O RANOJI RAO GAYAKVADA, AGED ABOUT 78 YEARS, R/O OLD SHIVAJINAGAR, BEHIND DURGAMMA GUDI, DAVANAGERE-577001.
2. RATNA BAI W/O LATE DEVENDRA RAO, AGED ABOUT 65 YEARS, 3. VIJAY KUMAR S/O LATE DEVENDRA RAO, AGED ABOUT 39 YEARS, 4. SHEELA BAI D/O LATE DEVENDRA RAO, AGED ABOUT 36 YEARS, 5. REKHA BAI D/O LATE DEVENDRA RAO, AGED ABOUT 37 YEARS, APPELLANT NOS.2 TO 5 ARE R/O HANUMANTHAPURA, BHADRAVATHI TALUK, SHIVAMOGGA-577226.
6. SAROJA BAI
7. AMBAKSHI BAI RFA No. 2209 of 2025 HC-KAR
8. C MALATHESH RAO S/O LATE CHANDROJI RAO, AGED ABOUT 49 YEARS, APPELLANT NOS.6 TO 8 ARE R/O MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
...APPELLANTS (BY SRI HEGDE SHRIPAD RAMAKRISHNA, ADVOCATE)
AND:
1. LAKSHMAN RAO S/O LATE DHAMOJI RAO, AGED ABOUT 75 YEARS, 2. SURESH RAO S/O LATE DHAMOJI RAO, AGED ABOUT 65 YEARS, 3. TUKARAM S/O LATE DHAMOJI RAO, AGED ABOUT 58 YEARS, 4. MANGALA BAI W/O LATE SHRIDHARA, AGED ABOUT 67 YEARS, 5. LAKSHMI BAI ALIAS RADHA BAI W/O LATE M.J. KRISHNOJI RAO, SINCE DECEASED 6. ARAVINDA S/O LATE M.J. KRISHNOJI RAO, AGED ABOUT 52 YEARS, 7. MALLIKA D/O LATE M.J. KRISHNOJI RAO, 8. VEENA BAI W/O LATE M.J. KISHNOJI RAO, RFA No. 2209 of 2025 HC-KAR RESPONDENT NOS.1 TO 8 ARE R/O. MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
9. JAYA BAI W/O LATE S KHANDAPPA, AGED ABOUT 85 YEARS, 10. KALPANA D/O LATE S. KHANDAPPA, AGED ABOUT 65 YEARS, 11. DINAKARA S/O LATE S. KHANDAPPA, AGED ABOUT 60 YEARS, 12. KAVITHA D/O LATE S. KHANDAPPA, AGED ABOUT 48 YEARS, RESPONDENT NOS.9 TO 12 ARE R/O SHIVAMURTHY CIRCLE, MAIN ROAD, BEHIND METRO HOSPITAL, JAYANAGARA, SHIVAMOGGA-577201.
13. EKANATHA S/O S. KHANDAPPA, AGED ABOUT 58 YEARS, R/O HALE HIRIYURU, KASABA HOBLI, BHADRAVATHI TALUK, SHIVAMOGGA-577302.
MANJULAMMA W/O LATE CHANDRASHEKHARAYYA, SINCE DECEASED REP BY L.RS. 14. JAGADEESH KUMAR M.C., 15. ROOPA RFA No. 2209 of 2025 HC-KAR
16. SUMA D/O LATE CHANDRASHEKHARAIAH, AGED ABOUT 59 YEARS, RESPONDENT NOS.14 TO 16 ARE RESIDENTS OF 1^ST CROSS, GANDHINAGARA, BHADRAVATHI TALUK, SHIVAMOGGA-577201. 17. K. MANJUNATHA S/O LATE KUPPAN, AGED ABOUT 68 YEARS, R/O COLLEGE ROAD, MARASHETTIHALLI, BHADRAVATHI TALUK, SHIVAMOGGA- 577233
18. RATHNAMMA ALIAS NAGARATHNAMMA W/O LATE RAJAGOPAL .K AGED ABOUT 70 YEARS, R/O BASAVANAGUDI, 6^TH CROSS, SHIVAMOGGA-577201.
19. K. KANNAN S/O KUPPAN, AGED ABOUT 58 YEARS, ARAVIND COLLECTION CENTRE, NEXT TO AKASH WINE STORE, NEHRU ROAD, SHIVAMOGGA-577201.
20. SUBRAMANI S/O SANDRI KUPPASWAMY NAIDU, AGED ABOUT 80 YEARS, R/O D.B. HALLI COLONY, COLLEGE ROAD, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
21. G.K. KUMAR S/O KADAPPA, 22. G.M. MALLESHAPPA S/O CHANNABASAPPA, RFA No. 2209 of 2025 HC-KAR
23. G.M. RAJU S/O MALLESHAPPA, AGED ABOUT 40 YEARS, 24. SUJATHA W/O TEERTHAYYA, AGED ABOUT 65 YEARS, SHARADA SHENOY W/O LATE SHESHAGIRI SHENOY, SINCE DECEASED, REP BY L.RS.
25. SHIVANANDA .S S/O LATE SHESHAGIRI, AGED ABOUT 69 YEARS, 26. BABU .T S/O LATE SHESHAGIRI, AGED ABOUT 64 YEARS, 27. VISHWANATHA S/O LATE SHESNAGIRI, AGED ABOUT 58 YEARS, 28. SAROJAMMA W/O GOPALAPPA, AGED ABOUT 75 YEARS, 29. LAKSHMAMMA W/O RAMAPA, AGED ABOUT 60 YEARS, 30. LAKSHMAN S/O MAYANNA GOWDA, AGED ABOUT 58 YEARS, 31. RAMAKRISHNA
32. M. TEERTHAYYA .M S/O MADEVAYYA, RFA No. 2209 of 2025 HC-KAR
33. DR. RATNAKARA S/O LOKAPPA PANDITH, AGED ABOUT 78 YEARS, 34. KEMPEGOWDA S/O CHIKKEERAYYA, AGED ABOUT 85 YEARS, 35. PUTTAMMA W/O KAPINIGOWDA, AGED ABOUT 85 YEARS, 36. PUTTA RUDRAMMA W/O VENKAYYA, AGED ABOUT 80 YEARS, 37. PADMANABHA SHENOY S/O LATE RAMACHANDRA SHENOY, AGED ABOUT 72 YEARS, 38. MANJUNATHA SHENOY S/O LATE RAMCHANDRA SHENOY, AGED ABOUT 60 YEARS, 39. SATHYANARAYANA ALIAS SATHISH SHENOY S/O LATE RAMACHANDRA SHENOY, AGED ABOUT 62 YEARS, 40. VIJENDRA SHENOY S/O LATE RAMACHANDRA SHENOY, AGED ABOUT 62 YEARS, 41. MANGALA GOWRI D/O LATE RAMACHANDRA SHENOY, AGED ABOUT 58 YEARS, 42. KRISHNAVENI 43. JAYALAKSHMI RFA No. 2209 of 2025 HC-KAR
44. MUKTHA D/O RAMCHANDRA SHENOY, AGED ABOUT 58 YEARS, 45. DAMODARA S/O RAMACHANDRA SHENOY, AGED ABOUT 53 YEARS, 46. SHARADAMMA W/O HANUMANTHAPPA, AGED ABOUT 75 YEARS, 47. NELAKKA W/O HANUMANNA, AGED ABOUT 85 YEARS, 48. KHANDAPPA (PAPAJI)
S/O MAHADEVAPPA, AGED ABOUT 90 YEARS, 49. M.C. OMKARAMURTHY S/O LATE CHANNAPA, AGED ABOUT 70 YEARS, 50. K.B. JAYANNA S/O BHEEMAPPA, AGED ABOUT 78 YEARS, 51. GEETHA BAI W/O RATHNOJI RAO, AGED ABOUT 68 YEARS, 52. V ASHOK RAO S/O LATE VITTOBA RAO, AGED ABOUT 70 YEARS, RUDRESH ALIAS MOTI BABANNA S/O MOTI LAKSHMANAPPA, SINCE DECEASED BY HIS L.RS.
53. RATHNAMMA W/O LATE RUDRESHA ALIAS MOTI BABANNA, RFA No. 2209 of 2025 HC-KAR
54. SUMA, D/O LATE RUDRESHA ALIAS MOTI BABANNA, AGED ABOUT 32 YEARS, 55. SINDHU D/O LATE RUDRESH ALIAS MOTI BABANNA, AGED ABOUT 30 YEARS, 56. RADHA W/O SUDHAKARA, AGED ABOUT 45 YEARS, RESPONDENT NOS.21 TO 56 ARE R/O COLLEGE ROAD, MARASHETTIHALLI VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
57. BHAGYAMMA W/O LATE K.N. THIMMAPPA, AGED ABOUT 80 YEARS, R/O ARABILACHI, BHADRAVATHI TALUK, SHIVAMOGGA-577233.
58. K.P. MAHABAL RAO S/O KESHAV RAO, AGED ABOUT 80 YEARS, PRIEST OF NAGA DEITY, R/O BHADRA COLONY, BHADRAVATHI TALUK, SHIVAMOGGA-577301.
...RESPONDENTS THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE ORDER DATED 03.07.2025 PASSED ON I.A.NO.8 IN O.S.NO.85/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, BHADRAVATHI, ALLOWING THE IA FILED U/O VII RULE 11(a) AND (d) R/W SEC. 151 OF CPC FOR REJECTION OF PLAINT.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA RFA No. 2209 of 2025 HC-KAR