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2025 DAILYLAW 17068 (KAR)

SRI RAJENDRA KUMAR v. SRI LAKSHMINARAYANA

RFA/514/2018 · 2025-03-26

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 514 OF 2018 (DEC/INJ) C/W REGULAR FIRST APPEAL NO. 515 OF 2018 IN RFA No. 514/2018 BETWEEN: 1. SRI RAJENDRA KUMAR S/O SHA SHIVARAJ, AGED ABOUT 40 YEARS, R/AT LAXMI BAZAR, CHITRADURGA CITY – 577 501. 2. SRI S. BHARATH KUMAR, S/O SHA SHIVARAJ, AGED ABOUT 44 YEARS, R/AT LAKSHMI BAZAR, CHITRADURGA CITY – 577 501. 3. SHILPA DEVI D/O SHA SHIVARAJ AGED ABOUT 46 YEARS, R/AT NAGARATH PET, BENGALURU – 560 001. 4. SRI PARASMAL, S/O SHA SHIVARAJ, AGED ABOUT 53 YEARS, R/AT LAKSHMI BAZAR, CHITRADURGA CITY – 577 501. 5. SMT. S. PADMAVATHI, W/O SHA SHIVARAJ, AGED ABOUT 67 YEARS, R/AT LAKSHMI BAZAR, CHITRADURGA CITY – 577 501. …APPELLANTS (BY SRI. B.M. SIDDAPPA AND BASAVARAJ N. PATIL, ADVOCATES) Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 AND: 1. SRI LAKSHMINARAYANA S/O NARAYANASWAMY SINCE DEAD REPRESENTED BY HIS LRs 1(a). JAYASHEELA, W/O LATE LAKSHMINARAYANA, AGED ABOUT 42 YEARS, 1(b). INDHUSHREE, D/O LATE LAKSHMINARAYANA, AGED ABOUT 13 YEARS, SINCE MINOR REPRESENTED BY NATURAL GUARDIAN HER MOTHER 1(a) BOTH ARE R/O KADARANAYAKANAHALLI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT – 577 601. 2. VEENA D/O NARAYANASWAMY, AGED ABOUT 31 YEARS, R/AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 3. SRI NANJUNDESHWARA, S/O LATE VENKATASWAMY, AGED ABOUT 63 YEARS, R/AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 4. SRI GOWRAMMA, D/O VENKATASWAMY, AGED ABOUT 61 YEARS, R/AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 5. JAYALAKSHMI, D/O VENKATASWAMY, AGED ABOUT 59 YEARS, R/AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. - 3 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 6. SRI MARUTHI S/O VENKATASWAMY, AGED ABOUT 57 YEARS, R/AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 7. SMT. KOMALA, D/O VENKATASWAMY, AGED ABOUT 55 YEARS, R/AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 8. SMT. ANUPAMA MARUTHI S/O VENKATASWAMY, AGED ABOUT 53 YEARS, R/AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 9. SMT. ADILAKSHMI D/O VENKATASWAMY, AGED ABOUT 59 YEARS, R/AT MADAKARIPURA VILLAGE CHITRADURGA – 577 501. 10. S. R. DEVELOPERS FIRM BY ITS PARTNER B.A.LINGAREDDY S/O B. ANANTHAREDDY, PARTNER IN S.R.DEVELOPERS, SRE COMPLEX, HEAD POST OFFICE ROAD, CHITRADURGA – 577 501. …RESPONDENTS (BY SRI. DORE RAJ B.H., ADVOCATE FOR R-1(A), SRI PRUTHVI WODEYAR FOR R-4, R-5, R-6, R-8 & R-9 R-2 AND R-3 SERVED BUT UNREPRESENTED, SRI M.T.JAGANMOHAN, ADV. FOR R-7, VIDE ORDER DATED 12.01.2024, R-10 IS HELD SUFFICIENT) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECRED DATED 02.12.2017 PASSED IN O.S.NO.02/2013 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, CHITRADURGA DISMISSING THE SUIT FOR PARTITION DECLARATION AND INJUNCTION. - 4 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 IN RFA NO. 515/2018 BETWEEN: SRI ANANTHA KRISHNA S/O Y. SATHYANARAYANA SHETTY, AGED ABOUT 40 YEARS, RESIDING AT ANANTHA MEDICAL AGENIES REDDY HOSTEL BUILDING MAIN ROAD, CHITRADURGA CITY – 577 501. ...APPELLANT (BY SRI. B.M. SIDDAPPA, ADVOCATE) AND: 1. SRI LAKSHMINARAYANA S/O NARAYANASWAMY SINCE DEAD REPRESENTED BY HIS LRs 1(a). JAYASHEELA, W/O LATE LAKSHMINARAYANA, AGED ABOUT 42 YEARS, 1(b). INDHUSHREE, D/O LATE LAKSHMINARAYANA, AGED ABOUT 13 YEARS, SINCE MINOR REPRESENTED BY NATURAL GUARDIAN HER MOTHER 1(a) BOTH ARE R/O KADARANAYAKANAHALLI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT – 577 601. 2. VEENA D/O NARAYANASWAMY AGED ABOUT 31 YEARS, RESIDING AT MADAKARIURA VILLAGE, CHITRADURGA – 577 501. 3. SRI NANJUNDESHWARA S/O LATE VENKATASWAMY, AGED ABOUT 63 YEARS, RESIIDNG AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. - 5 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 4. SRI GOWRAMMA, D/O LATE VENKATASWAMY, AGED ABOUT 61 YEARS RESIIDNG AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 5. JAYALAKSHMI D/O LATE VENKATASWAMY, AGED ABOUT 59 YEARS, RESIIDNG AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 6. SRI MARUTHI, S/O VENKATASWAMY AGED ABOUT 57 YEARS, RESIIDNG AT MADAKARIPURA VILLAGE CHITRADURGA – 577 501. 7. SMT KOMALA D/O VENKATASWAMY, AGED ABOUT 55 YEARS RESIIDNG AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 8. SMT ANUPAMA MARUTI D/O VENKATASWAMY, AGED ABOUT 53 YEARS, RESIIDNG AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 9. SMT ADILAKSHMI D/O VENKATASWAMY AGED ABOUT 59 YEARS RESIIDNG AT MADAKARIPURA VILLAGE, CHITRADURGA – 577 501. 10. S. R. DEVELOPERS FIRM, BY ITS PARTNER, B. A. LINGAREDDY, S/O B. ANANTHAREDDY, PARTNER IN S. R. DEVELOPERS, SRE COMPLEX, HEAD POST OFFICE ROAD, CHITRADURGA – 577 501 ...RESPONDENTS (BY SRI. PRUTHVI WADEYAR, ADV. FOR R3, R4, R5, R6, R8 & R9 SRI. DORERAJ B.H., ADV. FOR R1-(A), R2, R7 & R10) - 6 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 02.12.2017 PASSED IN O.S.NO.03/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, C.J.M, CHITRADURGA, DISMISSING THE SUIT FOR PARTITION AND SEPARATE POSSESSION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT Since these appeals arise out of the common judgments and decrees passed in O.S.Nos.2/2013 and 3/2013 passed by the Principal Senior Civil Judge and CJM, Chitradurga, they are taken up together for final disposal. 2. RFA No.514/2018 is preferred against the impugned judgment and decree dated 02.12.2017 passed in O.S.No.2/2013 and RFA No.515/2018 is preferred against the impugned judgment and decree dated 02.012.2017 passed in O.S.No.3/2023. 3. Heard learned counsel for both sides in both appeals and perused the material on record. 4. It is a matter on record that the said suit in O.S.No.2/2013 was clubbed along with five other suits viz., O.S.Nos.3/2013, 76/2012, 77/2012, 79/2012 and 3/2016, all of - 7 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 which were disposed of by the impugned common judgment and decree. 5. Learned counsel for both parties submits that aggrieved by the impugned judgment passed, the appellants preferred appeals before the District Court in RA.Nos.15/2018, 16/2018, 17/2018, 18/2018, 21/2018, 19/2018, 20/2018 and 24/2018. 6. The respondents have preferred Civil Petition Nos.59/2019, 60/2019, 61/2019, 62/2019, 63/2019, 64/2019, 66/2019 and 67/2019, seeking transfer the appeal pending before the District Court to the file of this Court to be heard and disposed of along with the present Regular First Appeals. Learned counsel for the respondent has filed a memo dated 26.03.2025, which reads as under: “The undersigned counsel for the Respondents humbly submits that the C.P.No.59/2019, C.P.No.60/2019, C.P.No.61/2019, C.P.No.62/2019, C.P.No.63/2019, C.P.No.64/2019, C.P.No.66/2019 and C.P.No.67/2019 filed by the Respondents are withdrawn, on 26th March 2025 and the same is taken on record and the Civil Petition is dismissed as withdrawn. In view of this, the pending First Appeals before this Hon’ble Court may be transferred to the - 8 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 Trial Court and be clubbed along with the Regular Appeals in Accordance with law, in the interest of justice and equity. 7. In view of the aforesaid memo and having regard to the long pendency of the cases taken for disposal of the appeals, the respondent has withdrawn the aforesaid Civil Petitions filed for transfer of appeals. It is also submitted that since the parties are residents of Chitradurga and the aforesaid RA.Nos.15/2018, 16/2018, 17/2018, 18/2018, 21/2018, 19/2018, 20/2018 and 24/2018 are pending before the Court at Chitradurga, the present appeals may also be transferred from this Court to be clubbed, heard, tried and disposed of along with the aforesaid pending Regular Appeals. 8. A perusal of the material on record will indicate that the impugned judgment and decree encompasses and comprises of six different suits i.e., O.S.Nos.2/2013, 3/2013, 76/2012, 77/2012, 79/2012 and 3/2016. It is also not in dispute that as against the impugned judgment and decree in relation to O.S.No.2/2013 and 3/2013, the present Regular First Appeals are pending before this Court, which in respect of O.S.Nos.76/2012, 77/2012, 79/2012 and 3/2016 and regular appeals in - 9 - NC: 2025:KHC:12920 RFA No. 514 of 2018 C/W RFA No. 515 of 2018 RA.Nos.15/2018, 16/2018, 17/2018, 18/2018, 21/2018, 19/2018, 20/2018 and 24/2018 are pending before the First Appellate Court. 9. Under these circumstances, in order to prevent multiplicity of proceedings and avoid conflicting orders, I deem it just and proper to exercise my powers under Articles 226 and 227 of the Constitution of India r/w. Section 24 of CPC and direct the present appeals to be transferred to the Court of the I Additional District and Sessions Judge, Chitradurga, to be clubbed, consolidated, tried and disposed of along with RA.Nos.15/2018, 16/2018, 17/2018, 18/2018, 21/2018, 19/2018, 20/2018 and 24/2018, in accordance with law. 10. Subject to the aforesaid observations and directions, the appeals stand disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 3