- 1 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR REGULAR FIRST APPEAL NO. 1863 OF 2025 (DEC) BETWEEN: 1. SMT MUNILAKSHMAMMA W/O SRI YELLAPPA REDDY N., AGED ABOUT 79 YEARS. 2. SMT KAMALAKASHI Y D/O SRI YELLAPPA REDDY N., W/O SRI ANANDA REDDY AGED ABOUT 62 YEARS. 3. SMT SUMITRA Y D/O SRI YELLAPPA REDDY N., W/O SRI SHIVAPPA REDDY AGED ABOUT 59 YEARS. 4. SRI JAYASHANKAR Y S/O SRI YELLAPPA REDDY N., AGED ABOUT 57 YEARS. 5. SMT MANJULA @ BHAGYA D/O SRI YELLAPPA REDDY N., W/O SRI SUDHAKAR REDDY AGED ABOUT 56 YEARS. 6. SMT PRAMEELA Y D/O SRI YELLAPPA REDDY N., W/O SRI K N BABU REDDY AGED ABOUT 53 YEARS. 7. SRI KRISHNA MURTHY Y D/O SRI YELLAPPA REDDY N., AGED ABOUT 49 YEARS. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 ALL ARE RESIDING AT NO. 17, MAHESHWARAMMA TEMPLE STREET, NEAR T.V. TOWER, J.C. NAGAR, BENGALURU - 560 006. …APPELLANTS (BY SRI. UDAYA SHANKAR RAI P., ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BEHIND KANDHAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009 3. THE ASSISTANT COMMISSIONER, BENGALURU NORTH TALUK, KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009 4. THE TAHASILDAR, BENGALURU NORTH TALUK, KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009, 5. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE J.C. NAGAR, WARD NO.46 BENGALURU - 560 006 6. THE HEALTH OFFICER, MHO MEDICAL AND BIRTH AND DEATHS RANGE OFFICE, HEBAL RANGE, NEAR GANGAMMA DEVI TEMPLE, - 3 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU - 560 024 7. THE POLICE SUB-INSPECTOR, J.C. NAGAR POLICE STATION, BENGALURU - 560 006 …RESPONDENTS (BY SRI. NEELAKANTAPPA PRAJWAL, HCGP FOR R1 TO R7) THIS RFA IS FILED U/S.96 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 21.04.2023, PASSED IN O.S. NO.5770/2022, ON THE FILE OF THE VI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL JUDGMENT The appellants who are the plaintiffs in O.S.No.5770 of 2022 instituted the aforesaid suit against the Respondent/State for declaration and other reliefs before the Trial Court. It was contended that Appellant No.1 is the wife of Yelappa Reddy.N., while, Appellant Nos.2 to 7 are their children. It was also contended that the aforesaid Yelappa Reddy.N., was not seen for more than seven - 4 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 years as contemplated under Section 108 of the Evidence Act and consequently, since the whereabouts of the aforesaid Yelappa Reddy.N., was not known from 2009 onwards upto 2022 when the suit was filed, the appellants/plaintiffs filed the instant suit for declaration that the said Yelappa Reddy.N., had died a civil death and for other reliefs. The said suit having been contested by the Respondent/State, the Trial Court proceeded to pass the impugned judgment and decree, decreeing the suit in favour of the appellants/plaintiffs as hereunder: (1) The suit is decreed. (2) No order as to costs. (3) It is declared that Sri.Yellappa Reddy.N., is not heard of for more than 7 years by those who would normally have information about his existence, if at all he is alive. (4) It is further declared that Sri.Yellappa Reddy.N., is deemed to have been died. (5) The defendants are directed to register civil death of Sri.Yellappa Reddy.N., in the register of deaths without bothering about the time and place of death of Sri.Yellappa Reddy.N. (6) Draw decree accordingly". - 5 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 2. Subsequently, the appellants/plaintiffs filed a Review Petition in R.P.No.35 of 2023 seeking review of the aforesaid judgment and decree by mentioning the name of Yelappa Reddy's father as "Nanjundappa" by deleting his father's name wrongly typed as "Nanjunda Reddy". The said review petition having been contested by the respondents, the Trial Court proceeded to pass the impugned order dismissing the said R.P.No.35 of 2023, aggrieved by which, the appellants are before this Court by way of the present appeal. Along with the appeal, the appellants have filed an application under Order 41 Rule 27 of CPC seeking production of additional documents as hereunder: (1) Copy of the passing certificate dated 26.12.1952 issued by the Mysore Middle School Examination Board. (2) Copy of the Vykunta Samaradhane Avana Patrike. (3) Copy of the electing voter ID. (4) Copy of the sale deed dated 06.06.1946 executed by Sri.Nanjundappa in favour of Smt.Lingamma registered as document No.4117, Volume No.797, - 6 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 page No.183 to 186 in the office of the Sub-Registrar, Bengaluru City. (5) Copy of the sale deed dated 24.10.1964 executed by M.Muniyappa in favour of Sri.Yellappa Reddy N S/o Nanjundappa and Smt.Lingamma W/o Nanjundappa registered as documents No. 2414/ 1964-65, Vol.1983, page No.9 to 11 in the office of Sub- Registrar, Bengaluru City North. (6) Copy of the Family tree Affidavit dated 31.07.2021. (7) Copy of the family tree Affidavit dated 11.07.2023. (8) Copy of the attestation of family tree dated 24.08.2023 issued by the Government of Karnataka, Revenue Department certificate No. RD0039275533635. 3. A perusal of the documents produced by the appellant along with I.A.No.2 of 2025 will clearly indicate that Yelappa Reddy's father was one "Nanjundappa" and not "Nanjunda Reddy" as held in the Judgment and Decree passed by the Trial Court in O.S.5770 of 2022. It is therefore clear that the Trial Court fell in error in dismissing the review petition filed by the appellants, which merely sought to correct the error in mentioning the name of Yelappa Reddy's father as "Nanjundappa" instead of "Nanjunda Reddy". Accordingly, I.A.No.2 of 25 filed by - 7 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 the appellants is allowed and the documents produced along with the application are received on record. 4. A perusal of the aforesaid material on record including the additional documents, which have been permitted to be produced by the petitioner will clearly indicate that there was an error apparent on the face of the record passed in the impugned judgment and decree passed by the Trial Court, in which, the name of Yelappa Reddy's father was shown as "Nanjunda Reddy" instead of his actual name "Nanjundappa". It follows therefrom that the impugned order dated 09.04.2025 passed by the Trial Court dismissing Review Petition No.35 of 2023 is erroneous and contrary to law and facts warranting interference by this Court in the present appeal, which deserves to be allowed by setting aside the impugned order and consequently, allowing the review petition. 5. In view of the above, I pass the following: - 8 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 ORDER i) The Appeal is hereby allowed. ii) The impugned order dated 09.04.2025 passed in Review Petition No.35 of 2023 by the VI Additional City Civil and Sessions Judge, Bengaluru (CCCH-11) is hereby set aside. iii) I.A.No.2 of 2025 filed by the appellants is hereby allowed and the documents produced by the appellants are hereby received on record. iv) The said Review Petition No.35 of 2023 filed by the appellants is hereby allowed. v) The judgment and decree dated 21.04.2023 passed in O.S.5770 of 2022 by the VI Additional City Civil and Sessions Judge, Bengaluru (CCCH-11) is modified to the limited extent of showing the name of Yelappa Reddy's father as "Nanjundappa" instead of "Nanjunda Reddy". - 9 - HC-KAR NC: 2025:KHC:51951 RFA No. 1863 of 2025 vi) The suit of the plaintiff is decreed by holding that Yelappa Reddy, Son of Nanjundappa has died a civil death and the respondents are directed to issue Death Certificate and other documents showing the name of the appellant as Yelappa Reddy.N., Son of Nanjundappa, instead of Yelappa Reddy.N., Son of Nanjunda Reddy, in all official records, immediately upon receipt of a copy of this order, within a period of six weeks from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE DH List No.: 1 Sl No.: 7