- 1 - HC-KAR NC: 2025:KHC:31943 MSA No. 116 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL No.116 OF 2017(RES) BETWEEN: 1. SRI SAMPANGAPPA SINCE DEAD BY HIS LRS, SMT.MADAMMA, W/O LATE.SAMPANGAPPA, AGED ABOUT 60 YEARS, 2. SMT PADMA D/O LATE SAMPANGAPPA, AGED ABOUT 43 YEARS R/AT KURUBARAHALLI VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT PIN:562130 3. SMT NAGAMMA D/O LATE SAMPANGAPPA, AGED ABOUT 40 YEARS R/AT SARJAPURA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK BENGALURU DISTRICT, PIN:562106. 4. SRI NAGARAJU S/O LATE SAMPANGAPPA, AGED ABOUT 36 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31943 MSA No. 116 of 2017 5. SRI MANJUNATHA S/O LATE SAMPANGAPPA, AGED ABOUT 30 YEARS SL.NO.1, 4 AND 5 ARE RESIDING AT LINGADHEERANAHALLI VILLAGE, TALAGHATTAPURA POST, KENGERI HOBLI, BSK 6TH STAGE, 6TH BLOCK, BENGALURU-560062. …APPELLANTS (BY SRI V.VISWANATH SETTY, ADVOCATE) AND: 1. SMT SAMPAMMA SINCE DEAD BY HER LRS, WHO ARE ALREADY ON RECORD, SMT.MUNIYAMMA, D/O MOTA MUNIYAPPA, AGED ABOUT 70 YEARS, SINCE DECEASED BY HER LRS 1(a) KARIYAALAPPA S/O LATE PUTTAPPA AGED ABOUT 54 YEARS R/AT HINNAKKI VILLAGE HENNAGARA POST JIGANI HOBLI, ANEKAL TALUK BENGALURU RURAL DISTRICT PIN :562 106 2. SMT LAKSHMAMMA W/O LATE KARIYAPPA @ MUNISHAMAPPA, AGED ABOUT 54 YEARS, 3. SRI HANUMANTHARAJU S/O LATE KARIYAPPA @ MUNISAHAMAPPA, AGED ABOUT 33 YEARS - 3 - HC-KAR NC: 2025:KHC:31943 MSA No. 116 of 2017 4. SRI RAMAMURTHY S/O LATE KARIYAPPA @ MUNISHAMAPPA, AGED ABOUT 30 YEARS 5. SMT MANJULA W/O LATE KARIYAPPA, @ MUNISHAMAPPA, AGED ABOUT 29 YEARS NO.2 TO 5 ARE R/AT HEMMIGEPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT, PIN:560060. 6. THE LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BENGALURU-560009. 7. SMT VENKATAMMA (WRONGLY MENTIONED BY NAME SMT.NEELAMMA INSTEAD OF SMT.VENKATAMMA IN THE 1ST APPELLATE COURT JUDGMENT) W/O NANJAPPA, D/O LATE EERAMMA, AGED ABOUT 70 YEARS, R/AT MASATENAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU DISTRICT. PIN:562106 SMT VENKATALAKSHMAMMA W/O KOTHURAPPA, DEAD BY HER LRS, 8. SRI KOTHURAPPA, H/O. LATE VENKATALAKSHMAMMA, AGED ABOUT 32 YEARS, BHATTERAHALLI VILLAGE, HOSUR TALUK, - 4 - HC-KAR NC: 2025:KHC:31943 MSA No. 116 of 2017 KRISHNAGIRI DISTRICT, PIN:635109. 9. SMT MAHADEVI D/O LATE VENKATALAKSHMAMMA, AGED ABOUT 36 YEARS R/AT SONNENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563130. 10. SRI MADESHA S/O LATE VENKATALAKSHMAMMA, AGED ABOUT 34 YEARS R/AT BHATTARAHALLI VILLAGE, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635 109. 11. SRI KANTHARAJU S/O LATE VENKATALAKSHMAMMA, AGED ABOUT 32 YEARS R/AT BHATTARAHALLI VILLAGE, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635109. 12. SMT GOWRAMMA D/O LATE VENKATALAKSHMAMMA, AGED ABOUT 29 YEARS, R/T KOATORI SONNENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT, PIN:563130. 13. SRI NAGARAJU S/O LATE MUNISHAMAPPA, AGED ABOUT 58 YEARS R/AT HETTAKODI VILLAGE, LAKKUR HOBLI, MALUR TALUK, KOLAR DISTRICT PIN:563130. …RESPONDENTS - 5 - HC-KAR NC: 2025:KHC:31943 MSA No. 116 of 2017 (BY SMT.CHAMPOO KAVYA.S, FOR SRI DR.M.SUNIL SASTRY BY SASTRY AND CO., FOR R1(A); SRI C.V.ANNAIAH, ADVOCATE FOR R2 AND R5; SRI GOPALAKRISHNA SOODI, AGA FOR R6; R7 TO R9, R11 TO R13 ARE SERVED; VIDE ORDER DATED 25.05.2022 NOTICE TO R10 IS HELD SUFFICIENT) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 14.08.2017 PASSED IN RA NO.5051/2017 ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT AT ANEKAL, ALLOWING THE APPEAL BY SETTING ASIDE AND DISMISSING THE ORDER DATED 4.2.2017 PASSED ON IA NO.8 IN O.S.NO.33/2007 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, ANEKAL, AND RESTORING THE SUIT TO ITS ORIGINAL POSITION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT After addressing the arguments at length, counsel for the appellants files a memo. Memo reads as under: “The appellants above named humbly prays that this Hon’ble Court may be pleased to permit the appellants to withdraw the above appeal with a liberty to move before the Hon’ble Trial Court with contention that the plaintiff No.2 is not member of the joint family as defined in - 6 - HC-KAR NC: 2025:KHC:31943 MSA No. 116 of 2017 Karnataka Land Reforms Act, 1961, and to pray the Hon’ble Trial Court to frame a preliminary issue regarding maintainability of the suit, in the interest of justice.” 2. This Court has even requested the counsel for the appellants to address arguments on the maintainability of the Miscellaneous Second Appeal, as the order passed by the First Appellate Court would not fall under Order XLIII Rule 1 (a) to (w) of the Code of Civil Procedure. 3. Nevertheless, having regard to the fact that the appellants want to contend that the plaintiff is not a member of the family as is contemplated under the definition of the word ‘family’ under the Karnataka Land Reform Act, 1961, and therefore, the Civil Court has no jurisdiction. If such a defence is raised, since it affects the jurisdictional issue, the learned Trial Judge shall try the same as ‘preliminary issue’ and pass appropriate orders in accordance with law. 4. With that observation appeal stand disposed of. 5. Parties shall appear before the Trial Court without further notice on 08.09.2025. - 7 - HC-KAR NC: 2025:KHC:31943 MSA No. 116 of 2017 6. It is made clear that this Court has not expressed any opinion on the merits of the matter including the jurisdiction of the Civil Court to try the suit filed by the plaintiffs. 7. Parties are at liberty to canvass their respective contentions before the Trial Court on the question of jurisdiction. Same may be treated as preliminary issue and thereafter, learned Trial Judge shall proceed with the case in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 95