- 1 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T REGULAR FIRST APPEAL NO. 187 OF 2020 (DEC/POS) BETWEEN: SRI HANUMANTHARAYA S/O LATE SRI RAMAPPA AGED ABOUT 63 YEARS R/AT NO.1272, 6TH MAIN 6TH CROSS, TRIVENI ROAD YESHWANTHAPURA BENGALURU - 560022. …APPELLANT (BY SRI. SRUJAN – ADVOCATE FOR SRI. S V SRINIVAS - ADVOCATE) AND: 1. SRI S M GANGADHARAIAH S/O SRI MARIYAPPA AGED ABOUT 56 YEARS R/AT NO 11 7TH CROSS LAGGERE MAIN ROAD PEENYA POST BENGALURU - 560058. 2. SMT SANNAMMA W/O SRI CHIKKANNA AGED ABOUT 55 YEARS RESIDING AT NO 917, 5TH CROSS LAGGERE MAIN ROAD LAGGERE BENGALURU - 560058. Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 3. SRI SUDHAKAR SHETTY S/O SRI GOVINDA SHETTY AGED ABOUT 58 YEARS R/AT MANI NIVAS COMPOUND TUMKUR ROAD BENGALURU - 560057. 4. SRI RAMALAL S/O SRI ANNARAMJI AGED ABOUT 56 YEARS R/AT MAHESHWARI ENTERPRISES LAGGERE MAIN ROAD, LAGGERE BENGALURU – 560058. 5. SMT BHAGEERATHI S SHETTY W/O SRI SUDHAKAR SHETTY AGED ABOUT 61 YEARS R/AT MANI NIVAS COMPOUND TUMKUR ROAD BENGALURU - 560057. 6. SRI CHIKKANNA S/O LATE SRI MUDDANNA AGED ABOUT 63 YEARS R/AT NO 917 5TH CROSS LAGGERE MAIN ROAD, LAGGERE BENGALURU – 560058. 7. SMT KARIYAMMA @ R G GIRIJA D/O SRI R H JAVARAIAH AGED ABOUT 47 YEARS R/AT AT SONDEKOPPA VILLAGE AMRUTHUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT - 572111. 8. SRI CHANDRASHEKAR S/O SRI G RAJENDRA AGED ABOUT 50 YEARS R/AT NO.850/2, 9TH CROSS LAGGERE MAIN ROAD - 3 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 MUNESHWARA LAYOUT BENGALURU-560058. 9. SRI M S SHEKAR BABU AGED ABOUT 52 YEARS R/AT NO.18, 7TH CROSS MUNESHWARA LAYOUT BENGALURU-560058. 10. SMT JAYAMMA AGED ABOUT 48 YEARS R/AT NO.27, 11TH CROSS LAGGERE MAIN ROAD BENGALURU-560058. 11. SRI SIDDAIAH S/O SRI MALLAIAH AGED ABOUT 53 YEARS R/AT NO.12, LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 12. SRI B PARTHASARTHI AGED ABOUT 52 YEARS R/AT NO.2, LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 13. SRI R MOHAN AGED ABOUT 40 YEARS R/AT NO.37 LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 14. SMT LAXMIDEVI AGED ABOUT 51 YEARS R/AT NO.5 LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. - 4 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 15. SRI B M NARASIMAIAH AGED ABOUT 55 YEARS R/AT NO.19, LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058, 16. SRI ABHINANDANA KUMAR S/O SRI S D SHREYAS AGED ABOUT 48 YEARS R/AT NO.16, 7TH CROSS LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 17. SRI NARASAPPA S/O SRI BHEEMAPPA AGED ABOUT 62 YEARS R/AT NO.27, 5TH CROSS LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 18. SMT POORNIMA AGED ABOUT 45 YEARS R/AT NO.832, 11TH CROSS LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 19. SMT LAKSHMAMMA AGED ABOUT 50 YEARS R/AT NO.17, GUNDAPPA LAYOUT LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 20. SMT H LAKSHMI DEVI AGED ABOUT 53 YEARS R/AT NO.26, 11TH CROSS LAGGERE MAIN ROAD BENGALURU-560058. - 5 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 21. SMT KAMALAMMA AGED ABOUT 59 YEARS, R/AT NO.15, GUNDAPPA LAYOUT LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 22. SRI ANJANAPPA S/O LATE SRI VENKATAPPA AGED ABOUT 62 YEARS R/AT NO.29, 12TH CROSS LAGGERE MAIN ROAD BENGALURU-560058. 23. SMT T MANJULA AGED ABOUT 54 YEARS R/AT NO.3, 9TH CROSS LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 24. SMT JAYAMMA AGED ABOUT 60 YEARS R/AT NO.4, LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 25. SMT B J SUDHA AGED ABOUT 45 YEARS R/AT NO.857,9TH CROSS LAGGERE MAIN ROAD BENGALURU-560058. 26. SRI R MOHAN AGED ABOUT 40 YEARS R/AT NO.37, 5TH CROSS LAGGERE MAIN ROAD MUNESHWARA LAYOUT BENGALURU-560058. 27. SRI DORAI SWAMY AGED ABOUT 62 YEARS - 6 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 R/AT NO.8, 5TH CROSS LAGGERE MAIN ROAD BENGALURU-560058. 28. SRI SHANKAR AGED ABOUT 55 YEARS R/AT NO.580, 8TH CROSS LAGGERE MAIN ROAD NEAR LAXMI KALYANA MANTAPA BENGALURU-560058. 29. SRI RAJENDRA S/O SRI GURAPPA NAIDU AGED ABOUT 69 YEARS R/AT NO.2871, 13TH CROSS SUBRAMANYA NAGAR BENGALURU-560021. 30. SRI K T SUDHARSHAN S/O TIMMA SHETTY AGED ABOUT 39 YEARS R/AT NO.150, IST MAIN ROAD 5TH CROSS, SARASWATHIPURAM NANDINI LAYOUT BENGALURU-560096. 31. SMT RANI W/O SRI TIMMA SHETTY AGED ABOUT 56 YEARS R/AT NO.150, IST MAIN ROAD 5TH CROSS, SARASWATHIPURAM NANDINI LAYOUT BENGALURU-560096. 32. SRI M RAMANATH S/O SRI KRISHNA SHETTY AGED ABOUT 60 YEARS R/AT NO.10, 7TH CROSS LAGGERE BENGALURU-560078. - 7 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 33. SMT SHANMUGA VALLI D/O SRI G YELLAPPA MUDALIAR AGED ABOUT 56 YEARS R/AT NO.17, GUNDAPPA BADAVANE LAGGERE BENGALURU-560058. 34. SMT LAKSHMI W/O SRI BETTASWAMY AGED ABOUT 48 YEARS R/AT NO.448 2ND PHASE, 2ND STAGE WEST OF CHORD ROAD BENGALURU-560086. 35. SRI G CHANDRASHEKAR S/O LATE SRI GURAPPA CHAR AGED ABOUT 52 YEARS C/O M MUNIRAJU, R/AT NO.307 4TH MAIN ROAD 6TH CROSS, SHAMBHAVI NAGAR NEAR AMARJYOTHI SCHOOL LAGGERE, BENGALURU-560058. 36. SMT KUPPAMMA W/O SRI SHEKAR AGED ABOUT 52 YEARS R/AT 6TH MAIN ROAD 2ND STAGE, WEST OF CHORD ROAD RAJAJINAGAR BENGALURU-560086. 37. SRI R LOKESH S/O SRI K RAMAKRISHNA AGED ABOUT 34 YEARS R/AT NO. 5TH CROSS RAMANAGARA TOWN RAMANAGARA TALUK AND DISTRICT-562159. 38. SRI CHIKKA HANUMAIAH S/O LATE SRI KALEGOWDA - 8 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 AGED ABOUT 60 YEARS R/AT NO.851, 9TH CROSS OPP LAXMI KALYANA MANTAPA BENGALURU-560058. 39. SRI KALE GOWDA S/O LATE SRI KALEGOWDA AGED ABOUT 69 YEARS R/AT NO.851, 9TH CROSS LAGGERE MAIN ROAD BENGALURU-560058. 40. SRI V DEVARAJ S/O LATE SRI VENKATARAMANAPPA AGED ABOUT 48 YEARS R/AT NO.857, 9TH CROSS LAGGERE MAIN ROAD BENGALURU-560058. 41. SRI RAMALAL S/O SRI DHANNARAM JI AGED ABOUT 55 YEARS R/OF NO.227, 40 FEET ROAD IST STAGE, WEST OF CHORD ROAD MANJUNATHA NAGAR BENGALURU-560010. 42. SMT RUKMINI W/O SRI C ROHITH KUMAR AGED ABOUT 34 YEARS R/AT NO.851, 9TH CROSS ROAD OPP LAKSHMI KALYANA MANTAPA 9TH MAIN, PEENYA POST LAGGERE MAIN ROAD BENGALURU-560058. 43. SRI GANGADHARA S/O SRI ANDANAPPA AGED ABOUT 42 YEARS R/AT NO.853, 9TH CROSS ROAD MUNESHWARA LAYOUT LAGGERE, BENGALURU-560058. - 9 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 44. SMT NIRMALA W/O SRI GANGADHARA AGED ABOUT 36 YEARS R/AT NO.853, 9TH CROSS ROAD MUNESHWARA LAYOUT LAGGERE, BENGALURU-560058. 45. SMT SHANTHA W/O SRI SOMANNA D/O LATE SRI RAMAPPA AGED ABOUT 57 YEARS R/AT LAGGERE MAIN ROAD LAGGERE, BENGALURU-560058. 46. SMT NANJAMMA W/O LATE SRI NAYANAPPA AGED ABOUT 62 YEARS R/AT NO, TRIVENI ROAD YESHWANTHAPUR BENGALURU-560022. 47. THE COMMISISONER BRUHATH BENGALURU MAHANAGARA PALIKE BENGALURU-560020. …RESPONDENTS (BY SRI. V NAMADEVA PADIYAR – ADVOCATE FOR RESPONDENTS NO.1, 2, 3, 6, 8, 9, 11, 12, 17, 24, 32 & 43; SRI. K L SRINIVASA – ADVOCATE FOR RESPONDENT NO.14; SRI. S J PURANIK – ADVOCATE FOR RESPONDENTNO.47; VIDE COURT ORDER DATED 17.09.2024 NOTICE TO RESPONDENTS NO.25 AND 40 ARE HELD SUFFICIENT; RESPONDENTS NO.4, 7, 10, 22, 28, 33, 38, 39, 41 AND 42 ARE SERVED AND UNREPRESENTED) THIS RFA FILED UNDER ORDER XLI RULE 1 R/W SEC.96 OF THE CPC, PRAYING TO SET ASIDE THE ORDER DATED 15.10.2019 PASSED ON I.A.NOS.10 AND 11 IN O.S.NO.6817/2012 ON THE FILE OF THE LII-ADDL.CITY CIVIL AND SESSIONS JUDGE, BANGALORE. - 10 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 THIS RFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) Learned counsel Sri Srujan for the appellant is present before the Court physically and represents Sri S.V.Srinivas who is on record. 2. Learned counsel Sri V.Namadeva Padiyar for Respondent Nos.1, 2, 3, 6, 8, 9, 11, 12, 17, 24, 32 and 43, learned counsel Sri K.L.Srinivasa for respondent No.14 and Sri S.J.Puranik for respondent No.47 are on record. 3. This appeal is preferred by the appellant/plaintiff challenging the order passed by the Court below in O.S.No.6817/2012 dated 15.10.2019 dismissing the suit. 4. I.A.10 and 11 were filed by Defendant Nos.1, 2, 3, 7, 8, 9, 10, 11, 12, 19, 20, 22, 24, 25, 28, 29, 32, 33, 35, 36, 42, 44 and 45 and also by defendant No.14 under Order 7 Rule 11(b) r/w Section 151 of CPC to reject the - 11 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 plaint against these defendants and consequently, dismiss the suit against them. The suit filed by the plaintiff came to be dismissed and so also, I.A.No.10 and 11 came to be dismissed by the Court below. The same is reflected in the operative portion of the order passed by the Court below. It is observed by the Court below that even though the plaintiff has contended that the suit schedule property is an agricultural property, but he himself on the other hand, sought for possession of the suit schedule property from the hands of defendant Nos.1 to 45 and also a direction to the BBMP to demolish the construction over the suit schedule property. Thus, his divergent version that the suit schedule property is agricultural property and also another contention that there exist a building over the suit schedule property clearly goes to show that the plaintiff has not come to the Court with clean hands and he has not paid the required court fee as per law for the relief sought by him. Accordingly, the suit came to be dismissed. Hence, this appeal by the plaintiff. - 12 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 5. In this appeal it is relevant to refer Order 7 Rule 11 (b) of CPC which reads as thus: 11. Rejection of plaint. The plaint shall be rejected in the following cases- (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so; 6. The suit is of the year 2012 and the same came to be dismissed on 15.10.2019. The appeal came to be preferred against the said order in the year 2020. Office note indicates that till today steps has not been taken in respect of some of the respondents and even the defects have not been cured under curial law even for the third time. Appeal is nothing but of continuity of proceeding but there is no progress made either by the counsel for the appellant or the appellant. Therefore, it is relevant to refer Section 151 which indicates no limit for exercising inherent powers either effecting or affecting to make such orders as may be necessary; it is the first limb of the said - 13 - NC: 2025:KHC:1597-DB RFA No. 187 of 2020 provision. The second limb of the said provision indicates preventing abuse of process of the Court and the third limb indicates securing ends of justice, which is applicable to both the parties to the lis. Therefore, keeping in view Section 151 and so also, Section 148 of CPC, this appeal deserves to be rejected. Accordingly, the appeal is dismissed as devoid of merits. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE DKB