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2025 DAILYLAW 25690 (KAR)

SAKAMMA DEAD BY LRS v. SRI R RADHAKRISHNA

MSA/119/2018 · 2025-03-27

Lalitha Kanneganti

body2025

Judgment text

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- 1 - NC: 2025:KHC:13436 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS SECOND APPEAL NO. 119 OF 2018 (RO) C/W MISCELLANEOUS SECOND APPEAL NO. 120 OF 2018 IN MSA No. 119/2018 BETWEEN: 1. SAKAMMA DEAD BY LRS SMT.S.SAROJAMMA W/O H.V.THAMMAGOWDA AGED ABOUT 72 YEARS, P.C. EXTENSION KOLAR -563 101 2. SMT. R.ANASUYAMMA DEAD BY LR’S 2A. SRI.K.R.KRISHNAPPA S/O LATE RANAPPA AGED ABOUT 82 YEARS R/AT #B 220, BHARAT NAGAR K.G.F.-563 115 2B. SRI.MITHUN K., S/O K.R.KRISHNAPP AGED BOUT 40 YEARS R/T #B 200, BHARAT NAGAR K.G.F.-563 115 3. SMT. R.PADMA W/O N.RAMACHANDRAIAH AGED ABOUT 58 YEARS, R/AT NO.25, KANAKANAPALYA KOLAR -563 101 …APPELLANTS (BY SRI.S.ANIL KUMAR, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13436 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 AND: 1. SRI R.RADHAKRISHNA S/O P.T.RAME GOWDA AGED ABOUT 55 YEARS, R/O IRAGAMUTHANAHALLI VILLAGE, MULBAGAL TALUK -563 131 2. SMT.G.N.GEETHA W/O R.RADHAKRISHNA AGED ABOUT 54 YEARS, R/O IRAGAMUTHANAHALLI VILLAGE, MULBAGAL TALUK -563 131 3. DR.R.RAJAGOPAL S/O P.T.RAME GOWDA AGED ABOUT 75 YEARS, REPRESENTED BY P.A.HOLDER R SHANKAR RESPONDENT NO.4 4. SRI R.SHANKAR S/O P.T.RAME GOWDA AGED ABOUT 67 YEARS, R/O POOJANAHALLI, BYRAKOOR HOBLI MULBAGAL TALUK-563 131 5. SRI K.T.KRISHNE GOWDA SINCE DEAD BY LRS SMT.K.SHYLAJA D/O LATE K.T.KRISHNE GOWDA AGED ABOUT 51 YEARS, 6. SMT.SHOBA k., D/O LATE K.T.KRISHNE GOWDA AGED ABOUT 50 YEARS, 7. DR. K.SHIVAPRAKASH S/O LATE K.T.KRISHNE GOWDA AGED ABOUT 47 YEARS, 8. SRI K.SHAMASUNDR S/O LATE K.T.KRISHNE GOWDA AGED ABOUT 45 YEARS, - 3 - NC: 2025:KHC:13436 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 RESPONDENTS 5 TO 8 ARE ALL R/O P.C.EXTENTION KOLAR TOWN -563 101 9. SRI.NARAYANAPPA S/O BYCHE GOWDA AGED ABOUT 76 YEARS 10. DR. N.PREMACHANDRA S/O. NARAYANAPPA AGED ABOUT 46 YEARS 11. SMT N.SAVITHA D/O NARAYANAPPA AGED ABOUT 41 YEARS 12. SRI N.RAVICHANDRA S/O NARAYANAPPA AGED ABOUT 41 YEARS RESPONDENTS 9 TO 12 ARE ALL R/AT NO. 56/10, 59TH B-CROSS, 4TH N BLOCK, RAJAJI NAGAR ENTRANCE BANGALORE-560 010 13. SRI C.PURUSHOTHAMA REDDY S/O CHINNAPPA REDDY AGED ABOUT 67 YEARS, R/AT DOOR NO.58, SONNEHALLI MAHADEVAPURA POST BANGALORE-560 048 …RESPONDENTS (BY SRI.M.V.CHANDRASEHKAR REDDY, ADVOCATE FOR R1 SRI.S.M.BABU, ADVOCATE FOR R2 R3 TO R6, R10 TO R12 ARE SERVED AND UNREPRESENTED) THIS MSA FILED UNDER ORDER 43 RULE (1)(U) R/W SEC.105 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 14.06.2018 PASSED IN RA NO.72/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 26.02.2013 PASSED IN OS 166/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, MULBAGAL, DECREEING SUIT FOR PARTITION AND SEPARATE POSSESSION. REMANDING BACK THE MATTER TO THE TRIAL COURT FOR FRESH DISPOSAL IN ACCORDANCE WITH LAW. - 4 - NC: 2025:KHC:13436 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 IN MSA NO. 120/2018 BETWEEN: 1. SAKAMMA DEAD BY LRS SMT.S.SAROJAMMA W/O H.V.THAMMAGOWDA AGED ABOUT 72 YEARS, P.C. EXTENSION KOLAR -563 101 2. SMT. R.ANASUYAMMA DEAD BY LR’S 2A. SRI.K.R.KRISHNAPPA S/O LATE RANAPPA AGED ABOUT 82 YEARS R/AT #B 220, BHARAT NAGAR K.G.F.-563 115 2B. SRI.MITHUN K., S/O K.R.KRISHNAPP AGED BOUT 40 YEARS R/T #B 200, BHARAT NAGAR K.G.F.-563 115 3. SMT. R.PADMA W/O N.RAMACHANDRAIAH AGED ABOUT 58 YEARS, R/AT NO.25, KANAKANAPALYA KOLAR -563 101 ...APPELLANTS (BY SRI.S.ANIL KUMAR, ADVOCATE) AND: 1. SRI C PURUSHOTHAMA REDDY S/O CHINNAPPA REDDY AGED ABOUT 67 YEARS R/AT DOOR NO.58, SONNEHALLI MAHADEVAPURA POST BANGALORE-560 048 2. DR R.RAJAGOPAL S/O P.T.RAME GOWDA - 5 - NC: 2025:KHC:13436 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 AGED ABOUT 75 YEARS REPRESENTED BY P.A.HOLDER R.SHANKAR RESPONDENT NO.2 3. SRI R.SHANKAR S/O P.T.RAME GOWDA AGED ABOUT 67 YEARS R/O POOJANAHALLI BYRAKOOR HOBLI MULBAGAL TALUK-563 131 4. SRI R.RADHAKRISHNA S/O P.T.RAME GOWDA AGED ABOUT 55 YEARS R/I POOJANAHALLI VILLAGE MULBAGAL TALUK-563 131 5. SRI K.T. KRISHNE GOWDA SINCE DEAD BY LRS 1.SMT. K.SHYLAJA D/O LATE K.T.KRISHNE GOWDA AGED ABOUT 51 YEARS 6. SMT.SHOBA D/O LATE K.T.KRISHNE GOWDA AGED ABOUT 50 YEARS 7. DR. K.SHIVAPRAKASH S/O LATE K.T. KRISHNE GOWDA AGED ABOUT 47 YEARS 8. SRI K.SHAMASUNDR D/O LATE K.T.KRISHNE GOWDA AGED ABOUT 45 YEARS RESPONDENTS 5 TO 8 ARE ALL R/O P C EXTENTION KOLAR TOWN-563 101 9. SRI NARYANAPPA S/O BYCHE GOWDA AGED ABOUT 76 YEARS 10. DR. N.PREMACHANDRA S/O NARAYANAPPA AGED ABOUT 46 YEARS - 6 - NC: 2025:KHC:13436 MSA No. 119 of 2018 C/W MSA No. 120 of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o. 119 of 2018 C/W MSA No. 120 of 2018 ORAL JUDGMENT Aggrieved by the judgment passed in R.A.No.57/2013 and 72/2013 dated 14.06.2018 by the I Addl. District & Sessions Judge, Kolar,MSA.No.119/2018 and MSA.No.120/2018 are filed. 2. By way of order impugned the appellate court has set aside the judgment and decree in O.S.No.166/2006 passed by the Trial Court and remanded the matter back to the Trial Court for fresh disposal in accordance with law after giving opportunity to both the parties to adduce their evidence. Aggrieved by the said remand these two Miscellaneous Second Appeals are filed before this Court by the appellant/plaintiff. 3. The order in R.A.No.57/2013 and 72/2013 was passed on 14.06.2018. When this matter came up on the last occasion, as stay was not granted by this Court, this court wanted to know what is the stage of the proceedings before the trial court. It is brought to the notice of the court that now the matter is posted for the final arguments. At this stage, this court is not inclined to go into the merits of the matter. - 8 - NC: 2025:KHC:13436 MSA No. 119 of 2018 C/W MSA No. 120 of 2018 i. Accordingly, these two MSA’s are dismissed. ii. The order is passed by the appellate court in the year 2018, the trial court shall expeditiously dispose of the matter. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 11