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2025 DAILYLAW 42339 (KAR)

SRI PADMARAJU v. SRI SHEKARAIAH

RSA/577/2022 · 2025-09-23

V Srishananda

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 577 OF 2022 (INJ) C/W REGULAR SECOND APPEAL NO. 369 OF 2022 REGULAR SECOND APPEAL NO. 390 OF 2022 REGULAR SECOND APPEAL NO. 574 OF 2022 REGULAR SECOND APPEAL NO. 581 OF 2022 IN RSA No.577/2022 BETWEEN: SRI PADMARAJU S/O CHALUVAIAH AGED ABOUT 59 YEARS R/O MAVINAHALLI VILLAGE KASABA HOBLI HASSAN TALUK-571187 …APPELLANT (BY SRI MADHUSUDHAN M N, ADVOCATE) AND: 1. SRI SHEKARAIAH S/O CHANNAIAH AGED ABOUT 65 YEARS 2. SRI PAPAIAH S/O CHANNAIAH AGED ABOUT 63 YEARS 3. SRI PARAMESHWARA S/O CHANNAIAH AGED ABOUT 61 YEARS 4. SRI RAMACHANDRAIAH S/O CHANNAIAH Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS AGED ABOUT 59 YEARS 5. SRI CHANDRAIAH @ BINDRAIAH S/O CHANNAIAH AGED ABOUT 57 YEARS 6. SRI DHARMAIAH S/O CHANNAIAH AGED ABOUT 55 YEARS 7. SRI DORESWAMY S/O CHANNAIAH AGED ABOUT 53 YEARS ALL THE RESPONDENTS ARE RESIDENTS OF MAVINAHALLI VILLAGE KASABA HOBLI, HASSAN TALUK AND DISTRICT PIN-571187 …RESPONDENTS (BY SRI K.N.SHASHIDHAR, ADVOCATE FOR R3, R5 AND R6) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE 1908, AGAINST THE JUDGMENT AND DECREE DATED 14.12.2021 PASSED IN RA.No.7/2019 ON THE FILE OF THE PRINCIPAL SENOR CIVIL JUDGE AND CJM, HASSAN. ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 27.11.2018 PASSED IN OS No.648/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HASSAN. IN RSA NO. 369/2022 BETWEEN: CHALUVAIAH AGED ABOUT 53 YEARS S/O LATE VYRAMUDAIAH R/AT MAVINAHALLI VILLAGE TEJUR POST, KASABA HOBLI HASSAN TALUK HASSAN DISTRICT -573 202 ...APPELLANT - 3 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS (BY SRI. A RAVISHANKAR AND SMT.H.C.LOKESHWARI, ADVOCATES ) AND: 1. SHEKARAIAH AGED ABOUT 62 YEARS S/O CHANNAIAH 2. PAPAIAH AGED ABOUT 60 YEARS S/O CHANNAIAH 3. PARAMESHWARA AGED ABOUT 58 YEARS S/O CHANNAIAH 4. RAMACHANDRAIAH AGED ABOUT 56 YEARS S/O CHANNAIAH 5. CHANDRAIAH @ BINDRAIAH AGED ABOUT 51 YEARS S/O CHANNAIAH 6. DHARMAIAH AGED ABOUT 52 YEARS S/O CHANNAIAH 7. DORESWAMY AGED ABOUT 50 YEARS S/O CHANNAIAH RESPONDENTS NO.1 TO 7 ARE RESIDING AT MAVINAHALLI VILLAGE TEJUR POST, KASABA HOBLI HASSAN TALUK HASSAN DISTRICT -573 202 ...RESPONDENTS (BY SRI K.N.SHASHIDHAR,ADVOCATE FOR R3, R5 AND R6; - 4 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS R1 AND R2 –SERVED; R4- SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 14.12.2021 PASSED IN RA No.10/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HASSAN ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 27.11.2018 PASSED IN O.S.No.632/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HASSAN. IN RSA NO. 390/2022 BETWEEN: SANNASWAMY AGED ABOUT 51 YEARS S/O VYRAMUDAIAH R/AT MAVINAHALLI VILLAGE TEJUR POST, KASABA HOBLI HASSAN TALUK HASSAN DISTRICT- 573202 ...APPELLANT (BY SRI. A RAVISHANKAR AND SMT.H.C.LOKESHWARI ADVOCATES) AND: 1. SHEKHARAIAH AGED ABOUT 62 YEARS S/O CHANNAIAH 2. PAPAIAH AGED ABOUT 60 YEARS S/O CHANNAIAH 3. PARAMESHWARA AGED ABOUT 58 YEARS S/O CHANNAIAH - 5 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS 4. RAMACHANDRAIAH AGED ABOUT 56 YEARS S/O CHANNAIAH 5. CHANDRAIAH @ BINDRAIAH AGED ABOUT 51 YEARS S/O CHANNAIAH 6. DHARMAIAH AGED ABOUT 52 YEARS S/O CHANNAIAH 7. DORESWAMY AGED ABOUT 50 YEARS S/O CHANNAIAH RESPONDENTS NO.1 TO 7 ARE RESIDING AT MAVINAHALLI VILLAGE TEJUR POST, KASABA HOBLI HASSAN TALUK HASSAN DISTRICT- 573202 ...RESPONDENTS (BY SRI K.N.SHASHIDHAR, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 14.12.2021 PASSED IN RA No.8/2019 ON THE FILE OF THE PRL.SENIOR CIVIL JUDGE AND CJM, AT HASSAN ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 27.11.2018 PASSED IN OS No.640/2011 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC, HASSAN. IN RSA NO. 574/2022 BETWEEN: 1. SRI KUMARA S/O CHALUVAIAH AGED ABOUT 57 YEARS, R/AT MAVINAHALLI VILLAGE - 6 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS KASABA HOBLI, HASSAN TALUK AND DISTRICT PIN -571 187 ...APPELLANT (BY SRI. MADHUSUDHAN M N, ADVOCATE) AND: 1. SRI SHEKARAIAH S/O CHANNAIAH AGED ABOUT 65 YEARS 2. SRI PAPAIAH S/O CHANNAIAH AGED ABOUT 63 YEARS 3. SRI PARAMESHWARA S/O CHANNAIAH AGED ABOUT 61 YEARS 4. SRI RAMACHANDRAIAH S/O CHANNAIAH AGED ABOUT 59 YEARS 5. SRI CHANDRAIAH @ BINDRAIAH S/O CHANNAIAH AGED ABOUT 57 YEARS 6. SRI DHARMAIAH S/O CHANNAIAH AGED ABOUT 55 YEARS 7. SRI DORESWAMY S/O CHANNAIAH AGED ABOUT 53 YEARS ALL THE RESPONDENTS ARE RESIDENTS OF MAVINAHALLI VILLAGE TEJUR POST, - 7 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS KASABA HOBLI, HASSAN TALUK AND DISTRICT-571 187 ...RESPONDENTS (BY SRI K.N.SHASHIDHAR,ADVOCATE FOR R3, R5 AND R6) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE 1908, AGAINST THE JUDGMENT AND DECREE DATED 14.12.2021 PASSED IN RA.No.9/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 27.11.2018 PASSED IN OS No.644/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HASSAN. IN RSA NO. 581/2022 BETWEEN: SRI VYRAMUDAIAH S/O CHALUVAIAH, AGED ABOUT 59 YEARS, R/O MAVINAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK-571 187. ...APPELLANT (BY SRI. MADHUSUDHAN M N, ADVOCATE) AND: 1. SRI. SHEKARAIAH S/O. CHANNAIAH, AGED ABOUT 65 YEARS, 2. SRI. PAPAIAH S/O. CHANNAIAH, AGED ABOUT 63 YEARS, 3. SRI. PARAMESHWARA S/O. CHANNAIAH, AGED ABOUT 61 YEARS, - 8 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS 4. SRI. RAMACHANDRAIAH S/O. CHANNAIAH, AGED ABOUT 59 YEARS, 5. SRI. CHANDRAIAH @ BINDRAIAH S/O. CHANNAIAH, AGED ABOUT 57 YEARS, 6. SRI. DHARMAIAH S/O. CHANNAIAH, AGED ABOUT 55 YEARS, 7. SRI. DORESWAMY S/O. CHANNAIAH, AGED ABOUT 53 YEARS, ALL THE RESPONDENTS RESIDENTS OF MAVINAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK-571 187. ...RESPONDENTS (BY SRI K.N.SHASHIDHAR,ADVOCATE FOR R3, R5 AND R6; THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 14.12.2021 PASSED IN RA No.11/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HASSAN, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 27.11.2018 PASSED IN OS No.636/2011 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, HASSAN. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 9 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS ORAL JUDGMENT Learned counsel for the appellants – plaintiffs files memos in all these matters, after addressing the arguments at length. 2. Contents of the memos in RSA Nos.577/2022, 574/2022 and 581/2022 are common which read as under: “The under signed counsel for the Appellant in the above appeal most respectfully submits that, in view of certain formal defects and for effective adjudication of the dispute, the appellant does not wish to prosecute the present regular second appeal and therefore prays that this Hon’ble Court may be pleased to permit withdrawal of the Appeal with liberty to file fresh suit in accordance with law in the interest of justice and equity. 3. Contents of the memos in RSA Nos.369/2022, 390/2022 are common which read as under: “The appellant submits that in view of the Formal defects in the suit, the appellant propose to file a comprehensive suit as per law and prays the permission of this Hon’ble court to permit him to - 10 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS withdraw the appeal with liberty to file fresh suit in the ends of equity and justice.” 4. Placing the memos on record, taking note of the fact that the injunction decree obtained by the respondents/defendants are the subject matter of the present second appeals, all these appeals need to be permitted to be withdrawn with liberty as prayed for. 5. At the same time, valuable rights that is accrued to the respondents/defendants by virtue of the impugned judgment passed by the First Appellate Court cannot be brushed aside. If any fresh suit is filed by the present appellants/plaintiffs, respondents/defendants would be entitled to oppose the fresh suit on all available counts, both legal and factual aspects of the matter. 6. It is also to be observed that if the appellants/plaintiffs are to succeed in the comprehensive suit, the injunction decree obtained by the defendants/respondents would necessarily be subservient to such comprehensive decree. - 11 - HC-KAR NC: 2025:KHC:38346 RSA No. 577 of 2022 C/W RSA No. 369 of 2022 RSA No. 390 of 2022 AND 2 OTHERS 7. Accordingly, the following: ORDER (i) Placing the memos on record, appeals stand dismissed as withdrawn. (ii) Parties are at liberty to canvass all favourable points in accordance with law in the intended suits. Sd/- (V SRISHANANDA) JUDGE MR