THE HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
SHRI N VASUDEVA BHAT – Appellant
Versus
SHRI H M SURESH – Respondent
RFA 414/2012
RFA No. 416 of 2012 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM REGULAR FIRST APPEAL NO. 414 OF 2012 (INJ)
C/W REGULAR FIRST APPEAL NO. 415 OF 2012 (INJ) REGULAR FIRST APPEAL NO. 416 OF 2012 (INJ)
IN RFA No. 414/2012 BETWEEN:
1. SHRI. N. VASUDEVA BHAT S/O SHRI SREEDHAR BHAT, AGED ABOUT 60 YEARS, 2. SMT. SUMANGALA W/O SHRI. N. VASUDEVA BHAT, AGED ABOUT 51 YEARS, Digitally signed by CHAITHRA A Location: HIGH COURT OF BOTH ARE PRESENTLY R/O NO. 39, KARNATAKA SREEPADAM, 5TH MAIN, 4TH CROSS NAVODAYA NAGAR, J.P. NAGAR 4TH PHASE BANGALORE - 78.
…APPELLANTS (BY SRI. SHIVARAMU H.C, ADVOCATE)
AND:
1. SHRI. H.M. SURESH S/O SHRI. MUTHAPPA, RFA No. 416 of 2012 HC-KAR SINCE DEAD BY LR'S
1(A). SMT. SHAILAJA AGED ABOUT 52 YEARS W/O LATE H.M. SURESH
1(B). SRI. CHIRANTHAN AGED ABOUT 30 YEARS S/O LATE H.M. SURESH BOTH ARE R/O SREERAMA NILAYA HULIMAVU VILLAGE AND POST, BANNERGHATTA ROAD, BANGALORE - 560 076.
…RESPONDENTS (VIDE ORDER DATED 05.01.2024 R1( A AND B) ARE SERVED AND UNREPRESENTED)
THIS RFA IS FILED U/SEC.96, R/W, O-41, RULE-1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2011 PASSED IN O.S.1639/2009 ON THE FILE OF THE XVII-ADDL. CITY CIVIL JUDGE, CCH-16, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
IN RFA NO. 415/2012 BETWEEN:
SMT. M. VARALAKSHMI WIFE OF LATE P. RAVEENDRANATH AGED ABOUT 39 YEARS, R/O NO.1654, 16TH 'A' MAIN ROAD, 8TH CROSS, J.P.NAGAR, II PHASE, BENGALURU.
REPRESENTED BY HER G.P.A HOLDER SRI B. PUTTAPPA, SON OF SHRI.BHADRANNA, AGED ABOUT 78 YEARS, RFA No. 416 of 2012 HC-KAR RESIDING IN THE ABOVE ADDRESS ...APPELLANT (BY SRI. C. SHANKAR REDDY, ADVOCATE)
AND:
1. SRI. H.M. SURESH SINCE DEAD BY LR'S (DIED ON 19.06.2017) 1(A). SMT. SHAILAJA AGED ABOUT 52 YEARS W/O LATE H.M. SURESH
1(B). SRI. CHIRANTH AGED ABOUT 30 YEARS S/O LATE H.M. SURESH BOTH ARE RESIDING AT SREERAMA NILAYA HULIMAVU VILLAGE AND POST, BANNERGHATTA ROAD, BANGALORE - 560 076.
...RESPONDENTS (VIDE ORDER DATED 05.01.2024 R1(A AND B) ARE SERVED AND UNREPRESENTED)
THIS RFA IS FILED U/O-41, RULE-1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2011 PASSED IN O.S.NO.1224/2009 ON THE FILE OF THE XVII-ADDL. CITY CIVIL JUDGE, CCH-16, BANGALORE CITY, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
RFA No. 416 of 2012 HC-KAR IN RFA NO. 416/2012 BETWEEN:
SMT. R. PARANJYOTHI W/O SHRI A.RAJASEKHARA AGED ABOUT 43 YEARS, R/O NO.71, FIRST CROSS, VENKATESWARA LAYOUT, S.G., BANGALORE - 560 029.
...APPELLANT (BY SRI. C. SHANKAR REDDY, ADVOCATE)
AND:
1. SRI. H.M. SURESH S/O SR.I MUTHAPPA SINCE DEAD BY HIS LR'S
1(A). SMT. SHAILAJA AGED ABOUT 52 YEARS W/O LATE H.M. SURESH
1(B). SRI. CHIRANTH AGED ABOUT 30 YEARS S/O LATE H.M. SURESH BOTH ARE RESIDING AT SREERAMA NILAYA HULIMAVU VILLAGE AND POST, BANNERGHATTA ROAD, BANGALORE - 560 076.
...RESPONDENTS (VIDE ORDER DATED 05.01.2024 R1(A AND B) ARE SERVED AND UNREPRESENTED)
RFA No. 416 of 2012 HC-KAR THIS RFA FILED U/O-41, RULE-1 R/W SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 17.12.2011 PASSED IN O.S.NO.1227/2009 ON THE FILE OF THE XVII- ADDL. CITY CIVIL JUDGE, CCH-16, BANGALORE CITY, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THESE APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
All these three appeals are taken together since common issues are involved and all three plaintiffs are tracing title through Munikaverappa.
2. For the sake of brevity, the parties are referred to as per their rankings before the Trial Court.
3. Facts leading to the case are as under:
All the plaintiffs have instituted independent suits asserting title and possession over different sites formed in Sy.No.81/3, claiming to have derived title through a common source, namely Munikaverappa, who is stated to have executed a registered General Power of Attorney in RFA No. 416 of 2012 HC-KAR favour of T. Srinivasa Reddy for formation of layout and
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