IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

REGULAR FIRST APPEAL NO. 2338 OF 2025 (DEC/INJ)

BETWEEN:

1. SMT. MANJULA,

WIFE OF B.SRINIVASA,

AGED ABOUT 48 YEARS,

RESIDING AT 282/B, GIRIJA NILAYA,

8^TH C MAIN ROAD, MILK COLONY, BENGALURU, PINCODE - 560 055.

NOW PRESENTLY,

RESIDING AT FLAT NOJ-304,

THIRD FLOOR, J BLOCK,

PREMIER GRUHALAKSHMI APARTMENT,

S.M.ROAD, JALAHALLI, BENGALURU- 560 015.

Digitally signed by

2. KUM.TEJASWINI,

AASEEFA

PARVEEN DAUGHTER OF B.SRINIVASA,

Location: HIGH AGED ABOUT 25 YEARS, RESIDING AT 282/B,

COURT OF GIRIJA NILAYA, 8TH C MAIN ROAD,

KARNATAKA

MILK COLONY, BENGALURU,

PINCODE - 560 055.

NOW PRESENTLY RESIDING AT

FLAT NOJ-304, THIRD FLOOR,

J BLOCK, PREMIER GRUHALAKSHMI APARTMENT,

S.M.ROAD, JALAHALLI, BENGALURU- 560 015.

…APPELLANTS

(BY SRI. PUNITH C.,ADVOCATE)

AND:

1. THE COMMISSIONER, BRHUAT BANGALORE MAHANAGARA PALIKE, CORPORATION BUILDING, J.C.ROAD, BENGALURU, PINCODE - 560 055.

2. THE REGISTRAR OF BIRTH AND DEATHS, BRHUAT BANGALORE MAHANAGARA PALIKE, CORPORATION BUILDING, J.C.ROAD, BENGALURU, PINCODE - 560 002.

3. THE STATION HOUSE OFFICER, SUBRAMANYANAGAR POLICE STATION, SUBRAMANYANAGAR, BENGALURU, PINCODE-560 010.

…RESPONDENTS (BY SRI. LAVANYA H.B., ADVOCATE FOR R1 AND R2;

SRI. MANJUNATH K., HCGP FOR R3)

THIS RFA FILED UNDER ORDER 41 RULE 1 READ WITH SECTION 96 OF CPC , AGAINST THE JUDGMENT AND DECREE DATED 03.07.2020 PASSED IN OS.NO.2696/2019 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING THE SUIT FOR DECLARATION AND INJUNCTION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL JUDGMENT

This appeal by the plaintiffs in O.S.No.2696/2019 is directed against the impugned judgment and decree dated 03.07.2020 passed by the III Additional City Civil and Sessions Judge, Bengaluru, whereby the said suit filed by the appellants/ plaintiffs against the respondents for declaration, mandatory injunction and other reliefs was dismissed by the trial Court.

2. Though the appeal is posted for admission, with the consent of both sides and the trial Court records having been received, the matter is taken up for final disposal.

3. A perusal of the material on record will indicate that the appellants/plaintiffs are the wife and daughter of one Srinivasa who was alleged to have been missing from 01.09.2009 onwards. It is contented that the said Srinivasa's brother filed a complaint dated 06.09.2009. He registered as an FIR in Crime No.255/2009 reporting that the said Srinivasa was missing and the said Srinivasa's father having expired on 18.09.2018, the appellants/plaintiffs being the wife and daughter of the said Srinivasa succeeded to his estate as his only heirs and legal representatives. In order to claim their share in the said estate of Srinivasa, the appellants/plaintiffs instituted the aforesaid suit for a declaration that the said Srinivasa had died a civil death within the meaning of Section 108 of the Indian Evidence Act, 1872 since he was not heard of for more than 7 years from 01.09.2009 and consequential mandatory injunction and other reliefs.

4. The respondent Nos.1 and 2 filed a written statement contesting the suit and specifically contending that they had no knowledge about the fact that the said Srinivasa was missing and sought for dismissal of the suit. The third respondent - Police authorities did not file written statement nor contested the suit.

5. Based on the aforesaid pleadings, the trial Court framed the following issues:

1. Whether the Plaintiffs No.1 and 2 prove that they are entitled for Decree of Declaration that Sri.B.Srinivasa S/o.Late Basavaraju is deemed to be dead?

2. Whether the Plaintiffs No.1 and 2 prove that they are entitled for Mandatory Injunction directing the 2^nd Defendant to record the death of Sri.B.Srinivasa S/o.Late Basavaraju in the Register of deaths maintained by them?

3. Whether the Plaintiffs No.