S.ABDUL NAZEER, SANJIV KHANNA
MALLURU MALLAPPA(D) THR. LRS. – Appellant
Versus
KURUVATHAPPA – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
An appeal from a decree passed by a court exercising original jurisdiction is governed by the provisions of the Civil Procedure Code, specifically Sections 96 and 100, which distinguish between first and second appeals. A first appeal under Section 96 involves a comprehensive re-examination of all issues, including factual matters, and requires the appellate court to record reasons for its decision (!) (!) .
The appellate court is mandated to follow specific guidelines when deciding an appeal, including clearly stating the points for determination, the decision on each point, and the reasons for such decisions. This is essential for ensuring transparency and proper adjudication (!) (!) .
The judgment of the appellate court must be in writing, signed, and must explicitly state the points for determination, the decision, and the reasons supporting it. This requirement ensures that the appellate process is thorough and just (!) (!) .
An appeal is a continuation of the original proceedings and involves a re-hearing on questions of law and fact. The appellate court's role is to rectify possible errors and not to create new causes of action (!) (!) .
The scope of a first appeal is broad, allowing for a review of all issues, whereas a second appeal under Section 100 is limited to questions of law that are substantial in nature (!) .
When an appellate court affirms a trial court's findings, it is sufficient for it to express its agreement with the reasons given by the trial court, provided it does so explicitly. However, if it reverses or varies the decree, it must clearly specify the relief to which the appellant is entitled (!) .
The failure of an appellate court to follow procedural requirements, such as those outlined in Order XLI Rule 31 of the CPC, undermines the validity of its judgment. It is necessary for the appellate court to pass a reasoned order that addresses all issues and evidence (!) .
In the case discussed, the High Court dismissed the appeal in a cryptic manner without reappreciating the evidence or passing a reasoned order, which was contrary to the procedural mandates. As a result, the appellate decision was set aside, and the matter was remanded for fresh disposal in accordance with law (!) (!) .
The case also involved issues related to the limitation period for filing the suit, which was argued to be within the prescribed time frame under relevant legal provisions, but this aspect was not properly examined by the appellate court (!) (!) .
Overall, the judgment emphasizes the importance of procedural compliance, detailed reasoning, and comprehensive examination of all issues by appellate courts to ensure justice and uphold legal standards (!) (!) (!) .
Please let me know if you need further analysis or assistance.
JUDGMENT
S. Abdul Nazeer, J.
Delay condoned. Leave granted.
2. This is the plaintiff's appeal challenging the judgment and decree in RFA No. 1731 of 2006 dated 09.02.2012 passed by the High Court of Karnataka at Bangalore, whereby the High Court has confirmed the judgment and decree passed by the trial court in O.S. No. 32 of 2005 dated 09.06.2006.
3. The plaintiff filed the above suit against the respondents/defendants for specific performance of the agreement to sell dated 30.3.2000. The agreement provided that the sale was to be executed within three years from the date of the agreement, subject to the defendants fulfilling certain obligations.
4. Defendant No.1 filed the written statement and the other defendants filed a memo adopting the same as their written statement. Defendant No.1 admitted the execution of the agreement to sell in favour of the plaintiff. However, the defendant pleaded that the suit was barred by limitation. It was further contended that plaintiff was not ready and willing to perform his part of the contract.
5. Based upon the rival pleadings of the parties, the trial court framed the following issues: -
"1. Whether the plaintiff proves that, the defendants 1 an
Hari Shankar v. Rao Girdhari Lal Chowdhury
Shankar Ramchandra Abhyankar v. Krishnaji Dattatreya Bapat
Santosh Hazari v. Purushottam Tiwari (Deceased) By Lrs.
H. K. N. Swami v. Irshad Basith (Dead) By Lrs.
No cases in the provided list explicitly indicate that they have been overruled, reversed, or explicitly treated as bad law. There are no clear markers such as "overruled," "reversed," "criticized," or "disapproved" in the references. The list predominantly contains references to the case "Malluru Mallappa (D) through LRs" and its various citations, with no indication of negative treatment or disapproval by subsequent courts.
Multiple references (e.g., Poola Venkateswarlu (died) LRs Mada Tirupathamma W/o. Mada Venkata Rao VS Vinayaka Vigraha Srirama Mandiram, Chebrolu, rep. by its Trustee - 2021 0 Supreme(AP) 549, Perumalla Mahalaxmamma, W/o. Padamatayya VS Perumalla Manikyam, W/o. Simhachalam - 2021 0 Supreme(AP) 635, Gomti Prasad VS Shiv Murat - 2021 0 Supreme(All) 1708, Firojunnisa VS Hasmunnisa - 2021 0 Supreme(All) 1759, Pilly Gopal VS Pilly Ramulu - 2022 0 Supreme(Telangana) 83, Yuvraj Mohan Azad VS Goverdhan Singh - Current Civil Cases (2022), Gowram Thippa Reddy VS Vuchala Sudarshan Reddy - 2022 0 Supreme(AP) 859, Gowram Thippa Reddy VS Vuchala Sudarshan Reddy - Current Civil Cases (2022), U. N. Krishnamurthy (Since Deceased) Thr. Lrs. VS A. M. Krishnamurthy - 2022 6 Supreme 485, U. N. Krishnamurthy (Since deceased) Thr. Lrs. VS A. M. Krishnamurthy - 2022 0 Supreme(SC) 565, Kanajam Dhana Lakshmi VS Perni Manikumar - 2022 0 Supreme(AP) 709, Ram Karan VS Uma Shanker - 2022 0 Supreme(All) 1304, Kali Thankamma (Died) Through Lrs. VS Balakrishnan Sadanandan - 2023 0 Supreme(SC) 311, Narmala Rao VS Narender Singh Rao - 2023 0 Supreme(P&H) 984, Sanjeevappa Dead By Lrs. VS Nagamma - Current Civil Cases (2023), B. Pedda Venkata Narayana VS C. Chinna Boreddy - 2023 0 Supreme(AP) 695, Sarwan Kumar VS Amrendra Kumar - 2023 0 Supreme(Pat) 833, Rise Projects Pvt. Ltd. VS Sanjay Goel - 2023 0 Supreme(P&H) 1994, A. Krishna Shenoy VS Ganga Devi G. - 2023 0 Supreme(SC) 1783, P. R. Periannan (Died) VS Thasildhar Devakottai Taluk Office - Current Civil Cases (2023), Chain Singh Gehlot S/o Late Shri Babu Lal Ji VS Sushila Parihar W/o Late Sh. Kalu Ram Prajapat - 2024 0 Supreme(Raj) 89, Raj Land Corporation VS Ichchhapore Industrial Co-Op Service Society Ltd. - 2024 0 Supreme(Guj) 1169, On The Death Of Sole Appellant Namely Biswanata Das, His Legal Heirs VS Gita Rani Saha D/o Lt. Girinda Saha - 2024 0 Supreme(Gau) 168, Swajit Sankar Mookherjee VS Goutam Ghosh - 2024 0 Supreme(Cal) 478, Swajit Sankar Mookherjee VS Anupam Koley - 2024 0 Supreme(Cal) 477, Madhusudan Mahanta S/o Sri Bapukan Mahanta VS United India Insurance Co. Ltd. - 2024 0 Supreme(Gau) 401, Gyanwati VS Sarseti Devi - 2024 0 Supreme(All) 1825, Bajifunnisha VS Khunni Lal - 2024 0 Supreme(All) 715, Mrugendra Indravadan Mehta VS Ahmedabad Municipal Corporation - 2024 0 Supreme(SC) 449, Navratan Lal Agarwal, S/o. Late Shri Swaroop Narain Ji Agarwal VS Raghunath, S/o. Late Shri Gulji @ Gulab Chand - 2024 0 Supreme(Raj) 690, Gyanwati VS Sarseti Devi - 2024 0 Supreme(All) 915, Kamaleshwar Thakuria S/o- Late Nabin Thakuria VS Subhadra Thakuria W/o- Late Shanta Ram Thakuria - 2024 0 Supreme(Gau) 652, Shyampati VS Ram Karan Pandey - 2024 0 Supreme(All) 1564, Br. mgr Oriental Insura. Comp. Ltd VS Venkateswara Poly Systems - 2024 0 Supreme(AP) 342, CENTRAL WAREHOUSING CORPORATION vs BRIG. R.P.S. SHERGIL (RETD.) - 2024 Supreme(Online)(DEL) 32966, Bambam Kumar VS Bhusan Singh - 2025 0 Supreme(Pat) 139, Deonandan Yadav @ Deonarayan Yadav VS Baliram Gop - 2025 0 Supreme(Pat) 478, M/s. Mahindra & Mahindra Limited vs Shri Jumpe Maro - 2025 Supreme(Online)(NCDRC) 3660, M/s. Mahindra & Mahindra Limited vs Shri Jumpe Maro - 2025 Supreme(Online)(NCDRC) 3085, - 2025 Supreme(Online)(Mad) 69808, Chinnusamy Reddiar (Died) vs R.Srinivasan - 2025 Supreme(Online)(Mad) 24855, Chinnusamy Reddiar (Died) vs R. Srinivasan - 2025 0 Supreme(Mad) 4595, Dheersingh S/o Sanwataram vs Rajkaur W/o Guljharilal - 2025 0 Supreme(Raj) 2034, Sami Venkata Subbaiah S/o Venkateswarlu vs Padachuri Ashok Kumar S/o Balarama Gupta - 2025 0 Supreme(AP) 528, M.I.Textiles Pte Ltd. vs T.T. Ltd. - 2025 0 Supreme(Del) 348, Vinod Kumar VS Gangadhar - 2014 8 Supreme 380, Santosh Hazari VS Purushottam Tiwari - 2001 1 Supreme 642, Shasidhar VS Ashwini Uma Mathad - 2015 2 Supreme 153, Madhukar VS Sangram - 2001 3 Supreme 518] all cite or rely upon the case "Malluru Mallappa (D) through LRs" or "Malluru Mallappa (Dead) through Legal Representatives" as an authoritative or relevant precedent. These references suggest that the case is considered good law and is being followed or cited for its principles, especially regarding appellate procedure, scope of Section 96 CPC, and legal principles related to property and appeal.
Several references (e.g., Poola Venkateswarlu (died) LRs Mada Tirupathamma W/o. Mada Venkata Rao VS Vinayaka Vigraha Srirama Mandiram, Chebrolu, rep. by its Trustee - 2021 0 Supreme(AP) 549, Gomti Prasad VS Shiv Murat - 2021 0 Supreme(All) 1708, Firojunnisa VS Hasmunnisa - 2021 0 Supreme(All) 1759, Yuvraj Mohan Azad VS Goverdhan Singh - Current Civil Cases (2022), Gowram Thippa Reddy VS Vuchala Sudarshan Reddy - 2022 0 Supreme(AP) 859, Gowram Thippa Reddy VS Vuchala Sudarshan Reddy - Current Civil Cases (2022), U. N. Krishnamurthy (Since Deceased) Thr. Lrs. VS A. M. Krishnamurthy - 2022 6 Supreme 485, U. N. Krishnamurthy (Since deceased) Thr. Lrs. VS A. M. Krishnamurthy - 2022 0 Supreme(SC) 565, etc.) simply refer to the case as a precedent or authority without indicating any negative treatment.
Some entries (e.g., Chain Singh Gehlot S/o Late Shri Babu Lal Ji VS Sushila Parihar W/o Late Sh. Kalu Ram Prajapat - 2024 0 Supreme(Raj) 89, Raj Land Corporation VS Ichchhapore Industrial Co-Op Service Society Ltd. - 2024 0 Supreme(Guj) 1169, On The Death Of Sole Appellant Namely Biswanata Das, His Legal Heirs VS Gita Rani Saha D/o Lt. Girinda Saha - 2024 0 Supreme(Gau) 168, Swajit Sankar Mookherjee VS Goutam Ghosh - 2024 0 Supreme(Cal) 478, Swajit Sankar Mookherjee VS Anupam Koley - 2024 0 Supreme(Cal) 477) mention reliance on the case for principles or legal arguments, implying adherence or positive treatment.
The repeated citations of the case in multiple contexts suggest it remains good law in the areas of appellate procedure and property disputes.
Sarwan Kumar VS Amrendra Kumar - 2023 0 Supreme(Pat) 833 contains only a snippet in a different language or code, with no clear context or treatment, making its status uncertain.
The entries CHAIN SINGH GEHLOT Vs. SUSHILA PARIHAR - 2024 Supreme(Online)(RAJ) 28879, Chain Singh Gehlot S/o Late Shri Babu Lal Ji VS Sushila Parihar W/o Late Sh. Kalu Ram Prajapat - 2024 0 Supreme(Raj) 89, and others that mention reliance or principles but do not specify subsequent treatment leave some ambiguity, though they appear to treat the case as good law.
The case "Malluru Mallappa (D) through LRs" does not show any explicit negative treatment or disapproval in the provided list, but without explicit overruled or criticized language, its treatment appears to be generally positive or neutral.
In summary, there are no cases explicitly overruled or treated as bad law in the provided list. The majority of references treat the case as an authoritative precedent, especially in procedural and property law contexts.
Sarwan Kumar VS Amrendra Kumar - 2023 0 Supreme(Pat) 833: No clear context or treatment; appears unrelated or incomplete.
Several references lack explicit commentary on treatment, so their treatment status remains presumed positive or neutral but not definitively confirmed.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.