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HIGH COURT OF KARNATAKA
R. NATARAJ
NANJUNDAPPA – Appellant
Versus
N J VEERAPPA S/O LATE N.H. JAMBAPPA – Respondent
RSA/799/2012
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF MAY 2021
BEFORE
THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY
R.S.A. NO.799 OF 2012 (DEC/INJ)
BETWEEN:
NANJUNDAPPA
AGED ABOUT 72 YEARS,
PROPRIETOR,
NAVARANG HAIR DRESSES,
BASAVESHWARA CIRCLE,
OLD TOWN,
BHADRAVATHI-577301
1(a) SRI. SHIVANANDA N
SON OF LATE NANJUNDAPPA
AGED ABOUT 50 YEARS,
R/AT NAVARANG HAIR DRESSES,
BASAVESWARA CIRCLE,
OLD TOWN, BHADRAVATHI,
SHIMOGA DISTRICT-577301.
1(b) SRI. BALARAM
S/O LATE NANJUNDAPPA
AGED ABOUT 48 YEARS,
R/AT AMBEDKAR CIRCLE,
NEAR K.S.R.T.C. DEPOT,
2ND CROSS, OLD TOWN,
BHADRAVATHI,
SHIMOGA DISTRICT-577301.
1(c)
KUMARI MOHANA KUMARI
D/O LATE NANJUNDAPPA
AGED ABOUT 46 YEARS,
R/AT AMBEDKAR CIRCLE,
NEAR K.S.R.T.C. DEPOT,
2
2ND CROSS, OLD TOWN,
BHADRAVATHI,
SHIMOGA DISTRICT-577301.
1(d) SMT. VARALAKSHMI
W/O SOMASHEKAR
AGED ABOUT 44 YEARS,
R/AT NO.127, KORAMANGALA VILLAGE,
AVATHI POST, DEVANAHALLY TALUK,
BANGALORE RURAL DISTRICT-562110.
1(e) SRI. SOMASHEKARA
S/O LATE NANJUNDAPPA
AGED ABOUT 33 YEARS,
R/AT AMBEDKAR CIRCLE,
NEAR K.S.R.T.C. DEPOT,
2ND CROSS, OLD TOWN,
BHADRVATHI,
SHIMOGA DISTRICT-577301.
AMENDMENT CARRIED OUT AS PER
THE
COURT
ORDER
DATED
31.07.2018
…APPELLANTS
(BY SMT. SRUTI CHAGANTI, ADVOCATE)
AND:
1.
N.J. VEERAPPA
S/O LATE N.H. JAMBAPPA
MAJOR
2.
N.J. VIJAYA KUMAR
S/O LATE N.H. JAMBAPPA
MAJOR
3.
N.J. SATHISH KUMAR
S/O LATE N.H. JAMBAPPA
MAJOR
ALL RESIDING AT
KUVEMPU ROAD,
3
SHIMOGA TOWN,
SHIMOGA-577201.
4.
CITY MUNICIPAL COUNCIL
REPTD. BY ITS COMMR.,
BHADRAVATHI TOWN,
BHADRVATHI-577301.
5.
M.R. MANJUNATH
S/O RUDRAPPA
MAJOR
R/AT UPPAR STREET,
OLD TOWN,
BHADRAVATHI-577301.
6.
JAGADISH
S/O NOT KNOWN
MAJOR
“JAGADISH MOTOR SERVICE”
BASAVESHWARA CIRCLE,
OLD TOWN,
BHADRAVATHI-577301.
7.
NAGARATHNAMMA
W/O LATE PAPER KRISHNAPPA
MAJOR
8.
JAGADISHA S
S/O LATE PAPER KRISHNAPPA
MAJOR
BOTH ARE RESIDING AT
4TH CROSS (RIGHT SIDE)
HOSAMANE EXTENSION,
BHADRAVATHI-577301.
9.
VENKATESH
S/O NOT KNOWN
MAJOR,
VENKATAGIRI PRINTING PRESS,
BASAVESHWARA CIRCLE,
OLD TOWN,
BHADRAVATHI-577301.
Deleted vide Court
order dated
08.07.2013
4
10.
GOWRAMMA
W/O VENKATESH
PETTY SHOP BUSINESS,
OPPOSITE N.G.O. OFFICE,
BASAVESHWARA CIRCLE,
OLD TOWN, BHADRAVATHI-577301.
11.
BALARAM
S/O NOT KNOWN
MAJOR,
HAIR DRESSER
BASAVESHWARA CIRCLE,
OLD TOWN,
BHADRAVATHI-577301.
…RESPONDENTS
(BY SRI. P.N. HARISH, ADVOCATE FOR CAVEATOR
RESPONDENT NOs.1 TO R3;
NOTICE SERVED ON RESPONDENT NOs.4, 5, 6, 7, 9 AND 10
BUT UNREPRESENTED;
VIDE COURT ORDER DATED 08.07.2013 RESPONDENT NOs.8
AND 11 ARE DELETED)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CODE OF
CIVIL PROCEDURE, 1908 AGAINST THE JUDGMENT AND
DECREE DATED 20.01.2012 PASSED IN R.A.NO.232/2010 ON
THE FILE OF THE PRESIDING OFFICER, FAST TRACK AT
BHADRAVATHI DISMISSING THE APPEAL AND CONFIRMING THE
JUDGMENT AND DECREE DATED 30.07.2010 PASSED IN
O.S.NO.18/1999 ON THE FILE OF THE ADDITIONAL SENIOR
CIVIL JUDGE AT BHADRAVATHI.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 22.04.2021, COMING ON FOR PRONOUNCEMENT
OF JUDGMENT THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
Deleted vide Court
order dated
08.07.2013
5
JUDGMENT
This appeal is filed by the defendant No.8 in O.S.
No.18/1999 challenging the Judgment and Decree of the
Trial Court in O.S. No.18/1999 and the First Appellate
Court in R.A. No.233/2010.
2.
The parties shall henceforth be referred to as
they were arrayed before the Trial Court.
3.
The plaintiff Nos.1 to 3 and their two brothers
along with their father (N.H. Jambappa) were the owners
of the suit ‘A’ schedule property. The said Jambappa had
bequeathed his share in the suit ‘A’ schedule property in
favor of plaintiff Nos.2 and 3 and their two brothers in
terms of a Will dated 04.04.1991, which was duly
regis
