Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41644 RFA No. 98 of 2013 C/W RFA.CROB No. 24 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR FIRST APPEAL No.98 OF 2013 (DEC/PAR) C/W RFA CROSS OBJECTION No.24 OF 2025
IN RFA No.98/2013 BETWEEN:
1. SRI R DAYANANDA REDDY AGED ABOUT 46 YEARS S/O LATE RAMASWAMY REDDY R/AT D.NO.1533/32, 3RD MAIN RAMAIAH LAYOUT BANGALORE-560 084. 2. SRI.N.M.NARENDRA REDDY AGED ABOUT 46 YEARS, S/O SRI.MUNIREDDY, R/O DODDANEKKUNDI VILLAGE, K.R.PURAM HOBLI, BANGALORE-560 037. 3. SRI.G.K.GANESH AGED ABOUT 47 YEARS, S/O SRI.G.T.KRISHNAPPA REDDY, R/O C/O THIPPA REDDY, RAJAPALYA, HOODI VILLAGE & POST, K.R.PURAM HOBLI, BANGALORE-560 048. 4. SRI.G.K.SURESH AGED ABOUT 45 YEARS, S/O SRI.G.T.KRISHNAPPA REDDY, R/O C/O THIPPA REDDY, RAJAPALYA,
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41644 RFA No. 98 of 2013 C/W RFA.CROB No. 24 of 2025
HOODI VILLAGE & POST, K.R.PURAM HOBLI, BANGALORE-560 048 …APPELLANTS (BY SRI NISHANTH.A.V ADVOCATE FOR A1 TO A3;
SRI D.R.RAVISHANKAR, SR.COUNSEL FOR SRI R.ANIL KUMAR, ADVOCATE FOR A4) AND:
1. SMT. MUNIYAMMA AGED ABOUT 60 YEARS, W/O LATE SRI.M.MUNISWAMAPPA,
2. SMT.MANJULA AGED ABOUT 43 YEARS, D/O LATE M.LATE M.MUNISWAMAPPA,
3. SRI.H.M MUNIRAJU AGED ABOUT 41 YEARS, S/O LATE M.MUNISWAMAPPA,
4. SRI.H.M.NARAYANASWAMY AGED ABOUT 39 YEARS, S/O LATE SRI.M.MUNISWAMAPPA,
5. SMT.GULLAMMA AGED ABOUT 35 YEARS, D/O LATE SRI.M.MUNISWAMAPPA,
6. SMT.C.CHINNAMMA AGED ABOUT 33 YEARS, D/O LATE SRI.M.MUNISWAMAPPA,
7. SRI.H.M.RAJAPPA AGED ABOUT 30 YEARS, S/O LATE SRI.M.MUNISWAMAPPA,
8. SMT.LAKSHMI AGED ABOUT 25 YEARS,
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D/O LATE SRI.M.MUNISWAMAPPA,
RESPONDENTS NO.1 TO 8 ARE LRS OF LATE M.MUNISWAMAPPA AND R/AT NO.591, 11TH CROSS, THIGALARA PALYA, HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE EAST TALUK, BANGALORE URBAN DISTRICT. 9. SRI.C.PRAKASH AGED ABOUT 42 YEARS, S/O LATE M.CHINNAPPA, R/O KONADASAPURA, BOODIGERE CROSS, VEEGONAGAR POST, BANGALORE-560 049. 10. SRI.C.CHANDRA AGED ABOUT 40 YEARS, S/O LATE M.CHINNAPPA, R/O SRIDHARA BUILDING, 2ND CROSS, NEAR BRIGHT SCHOOL, VIVEKANANDA NAGARA, HOSAKOTE TOWN, BANGALORE RURAL DISTRICT. 11. SMT.DEVATHA AGED ABOUT 25 YEARS, W/O SRI.KUMAR, D/O LATE M.CHINNAPPA, R/O NEAR SRI.YELLAMMA TEMPLE, BAVINA MARADA BEEDI, HOSAKOTE TOWN, BANGALORE RURAL DISTRICT. RESPONDENTS NO.9 TO 11 ARE LRs OF SRI M.CHINNAPPA AND SMT.YELLAMMA
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12.
SRI.M.N.MUNIYAPPA SINCE DEAD REPRESENTED BY HIS LR’S 12(a) TO 12(d)
12(a) SMT.RATHNAMMA AGED ABOUT 64 YEARS W/O LATE MUNIYAPPA 1ST MAIN, 4TH CROSS, VIVEKANANDA NAGARA NEAR CITIZEN SCHOOL, HOSKOTE TOWN HOSAKOTE, BANGALORE RURAL-562 114
12(b) SRI RAVIKUMAR AGED ABOUT 46 YEARS S/O LATE MUNIYAPPA SRI MANJUNATHA NILAYA 1ST MAIN, SWAMY VIVEKANANDA NAGARA NEXT TO CITIZEN SCHOOL HOSKOTE TOWN HOSAKOTE BANGALORE RURAL-562 114
12(c) SRI M.VENUGOPAL AGED ABOUT 43 YEARS S/O LATE MUNIYAPPA BRAMHAKUMARI ROAD, 4TH CROSS VIVEKANANDANAGARA HOSAKOTE, BANGALORE-562 114
12(d) SRI M.NEERESH AGED ABOUT 42 YEARS S/O LATE MUNIYAPPA 1ST MAIN, SWAMY VIVEKANANDANAGARA NEXT TO CITIZEN SCHOOL HOSKOTE TOWN HOSAKOTE, BANGALORE RURAL-562 114
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13. SRI.M.NARAYANA AGED ABOUT 30 YEARS, S/O LATE ABBALAPPA, R/O THIGALARA PALYA, HOODI VILLAGE, D.NO.695, MAHADEVAPURA PANCHAYATHI, BANGALORE-560 048. 14. SRI.K.KRISHNAPPA S/O LATE ABBALAPPA, SINCE DEAD BY HIS LR’S
14(a) SMT.MUNINARAYANAMMA AGED ABOUT 62 YEARS W/O LATE KRISHNAPPA
14(b) SRI SHIVAKUMAR AGED ABOUT 42 YEARS S/O LATE KRISHNAPPA
BOTH ARE RESPONDENT NO.14(a) AND 14(b) ARE R/AT NO.360, 1ST MAIN OPPOSITE MVJ COLLEGE AKG COLONY CHANNASANDRA KADUGODI PLANTATION BANGALORE-560 067
15. SRI.VENKATESHA AGED ABOUT 35 YEARS, S/O LATE SRI.MUNIYAPPA,
16. SRI. NAGARAJU AGED ABOUT 30 YEARS, S/O LATE SRI.MUNIYAPPA,
RESPONDENTS NO.15 AND 16 ARE LRs OF LATE SMT.MUNIYAMMA AND LATE SRI.MUNIYAPPA AND ARE R/O KURUBARAPETE BY
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PROFESSIONALLY LEMON MERCHANTS, HOSAKOTE TOWN AND TALUK, BANGALORE-560 049. 17. SRI.MUNIVENKATAPPA AGED ABOUT 45 YEARS, S/O CHICKAMUNIYAPPA, R/O HOODI VILLAGE & POST, MAHADEVAPURA PANCHAYATHI, BANGALORE-560 048. 18. SMT.MUNILAKSHMAMMA AGED ABOUT 45 YEARS, W/O LATE NARAYANAPPA, R/O D. NO.224, 3RD CROSS, KAKAPPA GARDEN, THIGALARA PALYA, HOODI VILLAGE & POST, MAHADEVAPURA PANCHAYATH, BANGALORE-560 048. RESPONDENT NO.18 IS THE LR OF SRI NARAYANAPPA
19. SRI.SEENA @ SRINIVASA AGED ABOUT 40 YEARS, S/O CHICKAMUNIYAPPA, R/O HOODI VILLAGE MAHADEVAPURA POST, BANGALORE EAST TALUK
20.
SRI.SHANKARAPPA AGED ABOUT 38 YEARS, S/O CHICKAMUNIYAPPA, R/O HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE EAST TALUK
21. SRI.NAGAPPA (N.G.E.F.) AGED ABOUT 45 YEARS, S/O LATE VENKATAPPA,
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R/O 7TH CROSS, ANEPALYA, AUDUGODI POST, BANGALORE-560 030. 22. SMT.VASANTHA W/O SRI.SRINIVASA, D/O LATE VENKATAPPA, R/O 1ST MAIN, PILLAPPA BUILDING, OPP.THIRUMALA TRADERS, CHIKKABOMMASANDRA VILLAGE, G.K.V.K. POST, BANGALORE-560 065. RESPONDENTS NO.21 AND 22 ARE LRS OF SRI.H.K.VENKATESH
23. SMT.MANJULA AGED ABOUT 38 YEARS, S/O LATE VENKATASWAMY @ SWAMY
24. KUM. SANDHYA AGED ABOUT 16 YEARS, D/O LATE VENKATASWAMY @ SWAMY. 25. MASTER HEMANTH AGED ABOUT 14 YEARS, S/O LATE VENKATASWAMY @ SWAMY
RESPONDENTS NO.24 AND 25 ARE MINORS, REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN VIZ. RESPONDENT NO.23 AND RESPONDENT NOS.23 TO 25 ARE R/O EARANNA BUILDING, NEAR SRI.HONAMMA TEMPLE, BHAVANI ROAD, HEBBAGUDI VILLAGE, BOMMASANDRA POST, ANEKAL TALUK, BANGALORE-560 099. - 8 -
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26. SMT.PADMA AGED ABOUT 36 YEARS, W/O SRI.MUNISWAMY, D/O LATE VENKATAPPA, R/O SLUM BOARD, CHIKKABOMMASANDRA VILLAGE, G.K.V.K. POST, BANGALORE -560 065. 27. SMT.RATHNAMMA AGED ABOUT 34 YEARS, W/O SRI.MUNIYAPPA (JADIGENAHALLI), D/O LATE VENKATAPPA, R/O DHARMARAYA TEMPLE STREET, RAMAGONDANAHALLI VILLAGE, VARTHUR HOBLI, WHITE FIELD POST, BANGALORE-560 066. 28. SMT.MANJUNA (ANGADI) AGED ABOUT 32 YEARS, W/O SRI.SHIVA KUMAR, D/O LATE VENKATAPPA, R/O DODDAKUNTE (COXE TOWN,), SRI.KAUVERAMMA TEMPLE, SLUM AREA, FRAZER TOWN, BANGALORE-560 005. 29. SMT.M.MANJULA AGED ABOUT 30 YEARS, W/O LATE RAJAPPA, DAUGHTER IN LAW OF K.MUNIYAPPA
30. MASTER RAHUL AGED ABOUT 13 YEARS, S/O LATE RAJAPPA,
31. KUMARI RAMYA AGED ABOUT 13 YEARS, D/O LATE RAJAPPA,
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32. KUMARI LAVANYA AGED ABOUT 11 YEARS, D/O LATE RAJAPPA,
RESPONDENTS NO.30 AND 32 ARE MINORS, REPRESENTED BY THEIR MOTHER & NATURAL GUARDIAN SMT.M.MANJULA, RESPONDENT NO.29. ALL R/O OPP.
TO KRISHNA HIGH SCHOOL, 1ST CROSS, 1ST MAIN, CHIKKADESANDRA EXTN., K.R.PURAM POST, BANGALORE-560 036. 33. SRI.H.THIPPA REDDY AGED ABOUT 72 YEARS, S/O LATE SRI.HANUMA REDDY, R/AT RAJAPALYA, HOODI MAIN ROAD, MAHADEVAPURA PANCHAYATHI, BANGALORE EAST TALUK, BANGALORE-560 048. 33(a) SMT.KAMALAMMA W/O LATE SRI H.THIPPA REDDY AGED ABOUT 68 YEARS R/AT NO.22, ‘SRI SATYA SAI NILAYAM’ MAHALAKSHMI POST BENGALURU-560 037
33(b) SRI T.KIRAN KUMAR S/O LATE SRI H.THIPPA REDDY AGED ABOUT 42 YEARS RESIDING AT ‘SAI BRINDAVAN’ 65/6, 65/7, SIDDAPURA NELLURAHALLI MAIN ROAD BENGALURU-560 066
34. SRI.VENKATARAMANA REDDY AGED ABOUT 50 YEARS, R/AT RAJAPALYA,HOODI MAIN ROAD,
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MAHADEVAPURA PANCHAYATHI, BANGALORE-560 048. 35. SRI.R.SHESHA REDDY AGED ABOUT 45 YEARS, S/O SRI.RAMA REDDY, R/O CHANNAPPANAHALLI, K.R.PURAM HOBLI, MARATHAHALLI POST, BANGALORE-560 037. 36. SRI.R.SOMASHEKAR AGED ABOUT 47 YEARS, S/O SRI.RAMA REDDY, R/O K.R.PURAM HOBLI, MARATHAHALLI POST, BANGALORE-560 037. 37. SMT.MUNIYAMMA AGED ABOUT 65 YEARS, W/O MUNIANJINAPPA, R/O D.NO.206, HORAMAVU, JAYANTHINAGARA, BANGALORE. 38. SMT.VENKATAMMA AGED ABOUT 62 YEARS, W/O LATE MUNIYAPPA, R/O MAGABALA VILLAGE, JADIGENAHALLI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT. 39. SMT.NARAYANAMMA AGED ABOUT 60 YEARS, W/O SRI.ABU, R/O CHIKKATHI JALARAPETE, HOSAKOTE TOWN & TALUK, BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI.
S.N.ASHWATHNARAYAN, SRL COUNSEL FOR
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HC-KAR NC: 2025:KHC:41644 RFA No. 98 of 2013 C/W RFA.CROB No. 24 of 2025
SRI S.A.SUDHINDRA, ADVOCATE FOR R12(A TO D) AND R14(B), R38 AND R39;
SRI T.S.VENKATESH, ADVOCATE FOR R10 AND R11;
SRI C.SHANKAR REDDY, ADVOCATE FOR R33(a AND b);
R1, R15, R14(a), R16, R18, R23, R28, R29, R34, R35 ARE SERVED AND UNREPRESENTED;
R24 AND R25 ARE MINORS REPRESENTED BY R23;
R30 AND R32 ARE MINORS REPRESENTED BY R29;
VIDE ORDER DATED 11.08.2014, NOTICE TO R17, R19 TO R22, R26, R27 AND R36 ARE HELD SUFFICIENT) VIDE ORDER DATED 08.09.2014, NOTICE TO R17, R19, R20, R21, R22, R26, R27 AND R36 ARE SERVED BY WAY OF PAPER PUBLICATION;
VIDE ORDER DATED 17.08.2017, APPEAL ABATED AGAINST R37;
SRI KUMARSWAMY.M, ADVOCATE FOR R9;
SRI H.S.SHANKAR, ADVOCATE FOR R3, R4 AND R7)
THIS RFA IS FILED UNDER SECTION 96 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 2.11.2012 PASSED IN O.S.NO.8157/1998 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, DECREEING THE SUIT FILED FOR PARTITION AND DECLARATION. IN RFA.CROB No.24/2025 BETWEEN:
LATE SMT MUNIYAMMA SINCE DEAD BY LRS,
LATE SMT VENKTAMMA, SINCE DEAD BY LRS,
1. KONERAPPA, S/O VENKATAMMA AGED ABOUT 64 YEARS,
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2. LAKSHMAMMA D/O VENKATAMMA AGED ABOUT 52 YEARS,
3. SRI RAMA S/O VENKATAMMA AGED ABOUT 39 YEARS,
4. MUNIRAJU S/O VENKATAMMA AGED ABOUT 46 YEARS,
5. MANJAMMA D/O VENKATAMMA AGED ABOUT 42 YEARS,
6. SHANTHAMMA D/O VENKATAMMA AGED ABOUT 40 YEARS,
ALL ARE RESIDING AT MAGABALA VILLAGE JADIGENAHALLI POST, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT
7. SMT NARAYANAMMA W/O SRI ABU, AGED ABOUT 71 YEARS R/AT CHIKKATHI JALARAPETE, HOSAKOTE TOWN AND TALUK, BANGALORE RURAL DISTRICT ...CROSS OBJECTORS (BY SRI S.N.ASHWATHANARAYAN, SR. COUNSEL SRI SUDHINDRA S A, ADVOCATE)
AND:
1.
SRI R DAYANANDA REDDY AGED ABOUT 72 YEARS,
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S/O LATE RAMASWAMY REDDY, R/AT D NO.1533/32, 3RD MAIN, RAMAIAH LAYOUT, BANGALORE - 84
2. SRI N M NARENDRA REDDY AGED ABOUT 46 YEARS, S/O SRI MUNIREDDY, R/O DODDANEKKUNDI VILLAGE, K.R.PURAM HOBLI, BANGALORE-560 037. 3. SRI.G.K.GANESH AGED ABOUT 47 YEARS, S/O SRI.G.T.KRISHNAPPA REDDY, R/O C/O THIPPA REDDY, RAJAPALYA, HOODI VILLAGE AND POST, K.R.PURAM HOBLI, BANGALORE-560 048. 4. SRI.G.K.SURESH AGED ABOUT 45 YEARS, S/O SRI.G.T.KRISHNAPPA REDDY, R/O C/O THIPPA REDDY, RAJAPALYA, HOODI VILLAGE AND POST, K.R.PURAM HOBLI, BANGALORE-560 048
5. SMT.MANJULA AGED ABOUT 43 YEARS, D/O LATE LATE M.MUNISWAMAPPA,
6. SRI.H.M MUNIRAJU AGED ABOUT 41 YEARS, S/O LATE M.MUNISWAMAPPA,
7. SRI H.M.NARAYANASWAMY AGED ABOUT 39 YEARS, S/O LATE SRI.M.MUNISWAMAPPA,
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8. SMT GULLAMMA AGED ABOUT 35 YEARS, D/O LATE SRI.M.MUNISWAMAPPA,
9. SMT CHINNAMMA AGED ABOUT 33 YEARS, D/O LATE SRI.M.MUNISWAMAPPA,
10. SRI H M RAJAPPA AGED ABOUT 30 YEARS, S/O LATE SRI.M.MUNISWAMAPPA,
11. SMT LAKSHMI AGED ABOUT 25 YEARS, D/O LATE SRI.M.MUNISWAMAPPA,
RESPONDENTS NO.5 TO 11 ARE LRS OF LATE M.MUNISWAMAPPA ALL R/AT NO.591, 11TH CROSS, THIGALARA PALYA, HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE EAST TALUK, BANGALORE URBAN DISTRICT. 12. SRI.C.PRAKASH AGED ABOUT 42 YEARS, S/O LATE M.CHINNAPPA, R/O KONADASAPURA, BOODIGERE CROSS, VEEGONAGAR POST, BANGALORE-560 049. 13. SRI.C.CHANDRA AGED ABOUT 40 YEARS, S/O LATE M.CHINNAPPA, R/O SRIDHARA BUILDING, 2ND CROSS, NEAR BRIGHT SCHOOL, VIVEKANANDA NAGARA, HOSAKOTE TOWN, BANGALORE RURAL DISTRICT
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14. SMT.DEVATHA AGED ABOUT 25 YEARS, W/O SRI.KUMAR, D/O LATE M.CHINNAPPA, R/O NEAR SRI.YELLAMMA TEMPLE, MARADA BEEDI, HOSAKOTE TOWN, BANGALORE RURAL DISTRICT. RESPONDENTS NO.13 AND 14 ARE LRs OF SRI M.CHINNAPPA AND SMT.YELLAMMA.H
SRI.M.N.MUNIYAPPA SINCE DEAD BY LRS
15.
SMT RATHNAMMA W/O LATE MUNIYAPPA AGED ABOUT 64 YEARS,
16. SRI M RAVI KUMAR W/O LATE MUNIYAPPA AGED ABOUT 47 YEARS,
R15 AND R16 ARE RESIDING AT MANJUNATHA NILAYA, SWAMY VIVEKANANDA NAGAR, 1ST MAIN ROAD, 4TH CROSS, NEAR CITIZEN SCHOOL HOSAKOTE - 562 114
17. SRI VENUGOPAL S/OLATE MUNIYAPPA AGE ABOUT 44 YEARS, KRISHNAPPA BUILDING V R GARDEN CITY NEAR MARUTHI SAW MILL BEHIND SHIVA GARDEN HOSAKOTE – 562114
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18. SRI M NEERESH S/O LATE MUNIYAPPA AGE ABOUT 43 YEARS NO G 193, 2ND CROSS, 7TH MAIN, HAL OLD TOWN SHIP HAL, BANGALORE - 560017
19. SRI M NARAYANA AGE ABOUT 30 YEARS S/O LATE ABBALAPPA R/O THIGALARA PALYA, HOODI VILLAGE, D.NO. 695, MAHADEVAPURA PANCHAYATH BANGALORE - 560 048
20. SRI K KRISHNAPPA AGE ABOUT 30 YEARS S/O LATE ABBALAPPA R/O THIGALARA PALYA, HOODI VILLAGE AND POST MAHADEVAPURA PANCHAYATH BANGALORE - 560048
21. SRI VENKATESHA AGE ABOUT 35 YEARS S/O LATE SRI MUNIYAPPA
22. SRI NAGARAJU AGE ABOUT 30 YEARS S/O LATE SRI MUNIYAPPA
RESPONDENT NOS.21 AND 22 ARE LRS OF LATE SMT MUNIYAMMA AND LATE SRI MUNIYAPPA R/AT KURUBARAPETE BY PROFESSIONALLY LEMON MERCHANTS HOSAKOTE TOWN AND TALUK BANGALORE - 560049
23. SRI MUNIVENKATAPPA AGE ABOUT 45 YEARS
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S/O CHICKAMUNIYAPPA R/O HOODI VILLAGE AND POST MAHADEVAPURA PANCHAYATHI BANGALORE - 560048
24. SMT MUNILAKSHMAMMA AGE ABOUT 45 YEARS W/OLATE NARAYANAPPA R/O D NO.224, 3RD CROSS, KAKAPPA GARDEN THIGALARA PALYA HOODI VILLAGE AND POST, MAHADEVAPURA PANCHAYATH BANGALORE - 560048
RESPONDENT NO.24 IS THE LR LR OF SRI NARAYANAPPA
25. SRI SEENA @ SRINIVASA AGE ABOUT 40 YEARS S/O CHICKAMUNIYAPPA R/O HOODI VILLAGE AND POST MAHADEVAPURA PANCHAYATHI BANGALORE - 560048
26. SRI SHANKARAPPA AGED ABOUT 38 YEARS, S/O CHICKAMUNIYAPPA, R/O HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE EAST TALUK. 27.
SRI NAGAPPA (N G E F ) AGED ABOUT 45 YEARS, S/O LATE VENAKTAPPA, R/O 7TH CROSS, ANEPALYA, AUDUGODI POST, BANGALORE- 560 030. 28. SMT VASANTHA W/O SRI SRINIVASA,
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D/O LATE VENKTAPPA, R/O 1 MAIN, PILLAPPA BUILDING, OPP. THIRUMALA TRADERS, CHIKKABOMMASANDRA VILLAGE, G K V K POST, BANGALORE 560 065. RESPONDENTS NO.27 AND 28 ARE LRS OF SRI H K VENKATESH
29. SMT MANJULA AGED ABOUT 38 YEARS, S/O LATE VENKATASWAMY
30. KUM SANDHYA AGED ABOUT 16 YEARS, D/O LATE VENKATASWAMY
31. MASTER HEMANTH AGED ABOUT 14 YEARS, S/O LATE VENKATASWAMY
RESPONDENTS NO.30 AND 31 ARE SINCE MINORS AND REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN VIZ RESPONDENT NO.29 AND RESPONDENTS NO.30 AND 31 ARE R/O EARANNA BUILDING NEAR SRI HONAMMA TEMPLE BHAVANI ROAD, HEBBAGUDI VILLAGE BOMMASANDRA POST, ANEKAL TALUK BANGALORE -560 099
32. SMT PADMA AGE ABOUT 36 YEARS W/O SRI MUNISWAMY D/O LATE VENKATAPPA R/O SLUM BOARD CHIKKABOMMASANDRA VILLAGE G K V K POST BANGALORE-560 065
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33. SMT RATHNAMMA AGE ABOUT 34 YEARS W/O SRI MUNIYAPPA(JADIGENAHALLI) D/O LATE VENKATAPPA R/O DHARMARAYA TEMPLE STREET RAMAGONDANAHALLI VILLAGE VARTHUR HOBLI, WHITE FIELD POST BANGALORE -560 066
34. SMT MANJUNA (ANGADI) AGE ABOUT 32 YEARS W/O SRI SHIVA KUMAR D/O LATE VENKATAPPA R/O DODDAKUNTE (COXE TOWN) SRI KAUVERAMMA TEMPLE SIUM AREA, FRAZER TOWN BANGALORE -560005
35. SMT M MUNJULA AGE ABOUT 30 YEARS W/O LATE RAJAPPA DAUGHTER IN LAW OF K.MUNIYAPPA
36. MASTER RAHUL AGE ABOUT 13 YEARS S/O LATE RAJAPPA
37. KUMARI RAMYA AGE ABOUT 13 YEARS D/O LATE RAJAPPA
38. KUMARI LAVANYA AGE ABOUT 11 YEARS D/O LATE RAJAPPA
RESPONDENTS NO.36 TO 38 ARE MINORS REPRESENTED BY THEIR MOTHER AND GUARDIAN SMT.M.MANJULA RESPONDENT NO.35 ALL R/O OPP.
TO KRISHNA HIGH SCHOOL 1 CROSS, 1 MAIN, CHIKKADESANDRA EXTN
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K R PURAM POST BANGALORE -560036
39. SRI H THIPPA REDDY AGED ABOUT 72 YEARS S/O LATE SRI HANUMA REDDY R/AT RAJAPALYA HOODI MAIN ROAD MAHADEVAPURA PANCHAYATHI BANGALORE EAST TALUK BANGALORE -560 048 ...RESPONDENTS THIS RFA.CROB IN RFA.98/2013 IS FILED UNDER
ORDER 41 RULE 22 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 2.11.2012 PASSED IN O.S.NO.8157/1998 ON THE FILE OF XVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR DECLARATION, PARTITION AND SEPARATE POSSESSION.
THESE RFA AND RFA.CROB, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
Sri S.N. Ashwathanarayana, learned counsel representing respondent Nos.12(a) to (d), 14(b), 38 and 39 files objections to the memo filed by respondent Nos.2 to 8, who are the legal representatives of the plaintiff. Sri R.S. Ravi, learned Senior Counsel represents the legal representatives of the plaintiff in O.S.No.8157/1998.
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2. The present appeal is filed by the purchaser challenging the validity of the decree.
3. Memo filed by the legal representatives of the plaintiff who are respondent Nos.2 to 8 is sought to be objected by the respondent Nos.12(a) to (d), 14(b), 38 and 39.
4. As could be seen from the objections filed by the above respondents, they submit that they have got a counter claim.
5. Per contra, before the Trial Court very same defendants had sought for dismissal of the suit.
6. Since respondent Nos.12(a) to (d), 14(b), 38 and 39 had sought for dismissal of the suit, there cannot be any counter claim to be entertained by this Court, on the ground that the appeal is continuation of the suit.
7. However, if defendant Nos.2, 4, 22 and 23 who are respondent Nos.12(a) to (d), 14(b), 38 and 39 are having any independent right in respect of suit schedule property they may claim so in appropriate proceedings.
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8. If any such proceeding is filed, parties are at liberty to canvas all favourable points, in accordance with law.
9. With such liberty for respondent Nos.12(a) to (d), 14(b), 38 and 39, the objections filed by them to the memo seeking withdrawal of suit in O.S.No.8157/1998 by the legal representatives of original plaintiff (respondent Nos.2 to 8) is hereby dismissed and suit is permitted to be withdrawn as plaintiff is the master of suit.
10. Appellants have no objection for dismissal of the suit either.
11. Hence, the following:
ORDER (i) Memo dated 26.09.2025 filed by respondent Nos.2 to 8 who are the legal representatives of original plaintiff to withdraw the suit is accepted and placed on record. (ii) Consequently, suit in O.S.No.8157/1998 pending on the file of the XVIII Additional City Civil
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and Sessions Judge, Bengaluru, is permitted to be withdrawn. (iii) Appeal and the Cross Objection are dismissed.
Sd/- (V SRISHANANDA) JUDGE
kcm List No.: 1 Sl No.: 17