- 1 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1996 OF 2025 (DEC/POS) BETWEEN: 1. SHANTAMMA .M W/O LATE K. RAMAIAH AGED ABOUT 59 YEARS R/AT NO. 55/1, 4TH MAIN ROAD BYRASANDRA I BLOCK EAST JAYANAGAR BANGALORE - 560011. 2. THIRTHA PRASAD .R S/O LATE K. RAMAIAH AGED ABOUT 38 YEARS R/AT NO. 55/1, 4TH MAIN ROAD BYRASANDRA I BLOCK EAST JAYANAGAR BANGALORE - 560011. 3. GUNDIAH .K S/O LATE KAVERAPPA AGED ABOUT 65 YEARS R/AT NO. 13, 8TH MAIN ROAD BYRASANDRA I BLOCK EAST JAYANAGAR BANGALORE - 560011. 4. BALARAJU .K S/O LATE KAVERAPPA AGED ABOUT 52 YEARS R/AT NO. 13, 8TH MAIN ROAD BYRASANDRA I BLOCK Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 EAST JAYANAGAR BANGALORE - 560011. …APPELLANTS (BY SRI. R. BHADRINATH, ADVOCATE FOR SRI. S. ANIL KUMAR, ADVOCATE) AND: 1. SMT. ERAMMA SINCE DEAD BY LRS SRI MUNIYAPPA @ RAMAPPA SINCE DEAD REPD BY LRS. R MUNISWAMY @ PAPANNA SINCE DEAD REP BY LRS SMT. LAKSHMI NARAYANAMMA W/O LATE R. MUNISWAMY @ PAPANNA AGED ABOUT 64 YEARS. 2. SRI. HARISH .M S/O LATE R. MUNISWAMY @ PAPANNA AGED ABOUT 44 YEARS. 3. DHRUVA NARAYANA .M S/O LATE R. MUNISWAMY @ PAPANNA AGED ABOUT 42 YEARS. 4. SMT. GAYATHRI .M D/O LATE R. MUNISWAMY @ PAPANNA AGED ABOUT 40 YEARS. 5. MANJUNATH .M S/O LATE R. MUNISWAMY @ PAPANNA AGED ABOUT 38 YEARS. R1 TO R5 ARE R/AT NO. 196/47 1ST CROSS, 8TH MAIN ROAD - 3 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 1ST BLOCK EAST, JAYANAGAR BYRASANDRA BANGALORE - 560011. 6. SRI. CHINAPPA S/O MUNIYAPPA SINCE DECEASED REPRESENTED BY LRS SRI SIDAPPA SINCE DECEASED REP BY LRS D1(A)(1) SMT. CHANDRAMMA W/O LATE SIDAPPA S/O LATE CHINAPPA AGED ABOUT 60 YEARS R/A 2ND CROSS, 4TH MAIN 1ST BLOCK, JAYANAGAR BENGALURU - 560011. 7. GIRIJA SINCE DEAD BY REP BY HER LR'S SMT MANJULA SINCE DEAD REP BY HER LR'S VENKATAPPA .P H/O LATE MANJULA AGED ABOUT 54 YEARS 8. HARSHASREE .V D/O LATE MANJULA AGED ABOUT 26 YEARS 9. VINOD .V S/O LATE MANJULA AGED ABOUT 24 YEARS 7, 8 AND 9 ARE R/A NO. 25/1 KULUM PALYA, ANJANAPURA BANGALORE - 560062. - 4 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 10. SMT. VEENA D/O LATE SIDAPPA AGED ABOUT 38 YEARS 11. SRI. KARTHIK S/O LATE SIDAPPA AGED ABOUT 34 YEARS R10 AND R11 R/A NO. 4 PASHWANATHANAGAR KANNIAKANA AGRAHARA VILLAGE ANJANAPURA, BENGALURU - 560062. 12. MUNIRAJU SINCE DEAD REP BY HIS LRS SMT. ASHWATHAMMA W/O LATE MUNIRAJU AGED ABOUT 58 YEARS 13. SRI. KIRAN KUMAR S/O LATE MUNIRAJU AGED ABOUT 30 YEARS 14. SRI. MOHAN KUMAR S/O LATE MUNIRAJU AGED ABOUT 28 YEARS R12 TO R14 ARE R/A NO. 45 NEAR CHAMPAKADHAMA TEMPLE BANNERGHATTA, ANEKAL BENGALURU - 560083. 15. SRI. GOPALA S/O LATE CHINAPPA AGED ABOUT 25 YEARS R/ AT NO. 12, II CROSS, BYRASANDRA JAYANAGAR 1ST BLOCK EAST BANGALORE-560011. - 5 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 16. SMT. VARALAKSHMI D/O CHINAPPA AGED ABOUT 80 YEARS R/A NO 4, PASHWANATHANAGAR KANNIAKANA AGRAHARA VILLAGE ANJANAPURA, BENGALURU-560062. 17. 18. SRI. VENKATAPPA SINCE DECEASED REP. BY HIS LR'S SMT. VENKATAMMA WIDOW OF VENKATAPPA AGED ABOUT 85 YEARS V. NAGARAJ SINCE DECEASED BY LR'S SMT. PUTTAMMA W/O LATE V. NAGARAJ MAJOR 19. LAKSHMI D/O LATE V. NAGARAJ AGED ABOUT 37 YEARS 20. KAVITHA, D/O LATE V. NAGARAJ AGED ABOUT 35 YEARS 21. TULASI D/O LATE V. NAGARAJ AGED ABOUT 33 YEARS 22. MASTER UDAY S/O LATE V. NAGARAJ AGED ABOUT 31 YEARS R17 TO R22 ARE R/AT BYRASANDRA 1ST BLOCK EAST, JAYANAGAR - 6 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 BANGALORE-11. 23. SRI. RAMACHANDRA S/O LATE VENKATAPPA AGED ABOUT 65 YEARS 24. SMT. LALITHA D/O LATE VENKATAPPA AGED ABOUT 60 YEARS 25. SMT. SUGUNA D/O LATE VENKATAPPA AGED ABOUT 55 YEARS 26. SRI. BHASKAR S/O LATE VENKATAPPA AGED ABOUT 45 YEARS R23 TO R26 ARE R/AT NO. 11 2ND CROSS, 8TH MAIN ROAD BYRASANDRA, BENGALURU-560011. 27. VENKATESH SINCE DEAD, BY HIS LR'S SMT. CHADRAMMA W/O LATE VENKATESH AGED ABOUT 75 YEARS 28. SRI. KUMARA S/O LATE VENKATESH AGED ABOUT 55 YEARS 29. SMT. SHOBHA W/O LATE VENKATESH AGED ABOUT 52 YEARS R27 TO R30 ARE R/AT NO. 12 2ND CROSS, 8TH MAIN ROAD BYRASANDRA, BENGALURU - 560011. - 7 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 30. SMT. KANNAMMA GRAND DAUGHTER OF KODANDARAMA MUDALIYAR AGED MAJOR (NOT KNOWN) R/AT LODALYA, NO. 54 SARBANDEPALYA BANASHANKARI LAYOUT BANGALORE-560016. …RESPONDENTS (BY SRI. RAVI KUMAR .G.S AND SRI. RAJA .R, ADVOCATES FOR C/R1 TO C/R5) THIS RFA IS FILED UNDER SEC.96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 29.04.2025 PASSED IN OS NO.2367/1984 ON THE FILE OF XII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY., ALLOWING THE SUIT FOR DECLARATION AND POSSESSION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT This appeal is directed against the impugned judgment and decree dated 29.04.2025 passed in O.S.No.2367/1984 by the XXI Additional City Civil and Sessions Judge at Bengaluru City, whereby the said suit filed by the respondent Nos.1 to 5 - plaintiff Nos.2(a)(i) to 2(a)(v) against Chinnappa since dead by LRs and others for declaration and possession of the suit schedule - 8 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 immovable property was decreed by the Trial Court in favour of the plaintiffs against the defendants. 2. Learned counsel for the appellants submits that the appellants are the children of Kaverappa, who was the brother of Chinnappa - the original defendant No.1 and taking advantage of the impugned judgment and decree, respondent Nos.1 to 5 i.e., the plaintiff No.2(a)(i) to 2(a)(v) are attempting to dispossess the appellants from possession and enjoyment of the suit schedule property and as such, the appellants are constrained to file the present appeal before this Court. 3. Per contra, learned counsel for the respondent Nos.1 to 5 i.e., the plaintiff No.2(a)(i) to 2(a)(v) submits that in addition to the impugned judgment and decree passed in O.S.No.2367/1984, the respondent Nos.2, 3 and 5 i.e., the plaintiff Nos.2(a)(ii), 2(a)(iii) and 2(a)(v) have instituted one more suit in O.S.No.25557/2021 against the appellants for declaration and other reliefs in relation to the suit schedule property and as such, the present appeal is not maintainable and is liable to be dismissed. - 9 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 4. A perusal of the impugned judgment and decree, the same would indicate that the appellants are not parties to the suit or to the impugned judgment and decree. In addition thereto, the respondents have already instituted one more suit in O.S.No.25557/2021 against the appellants herein, which is pending adjudication before the City Civil Court. 5. Under these circumstances without expressing any opinion on the merits/demerits of the rival contentions in the pending O.S.No.25557/2021 before the City Civil Court and/or any other litigation between the parties, I deem it just and appropriate to dispose of this appeal by clarifying that the impugned judgment and decree passed in O.S.No.2367/1984 in favour of the plaintiffs therein against the defendants therein would not be binding upon the appellants herein and the same would not affect the appellant's claim over the suit schedule property. 6. Liberty is reserved in favour of the parties to agitate their claims in pending O.S.No.25557/2021, which shall be disposed of by the Trial Court in accordance with law. All rival contentions between the appellants and respondents are kept open and no opinion is expressed on the same. - 10 - HC-KAR NC: 2025:KHC:50446 RFA No. 1996 of 2025 Subject to the aforesaid directions, appeal stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE NBM List No.: 1 Sl No.: 41