IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY REGULAR SECOND APPEAL NO.1365 OF 2007 C/W REGULAR SECOND APPEAL CROB.2 OF 2010 RSA NO.1365 OF 2007 BETWEEN:
1. SHRI G. SATHYANARAYANA SINCE DEAD BY HIS LRS 1(A) SMT. A.S. SAVITHRAMMA W/O LATE G. SATHYANARAYANA AGED ABOUT 61 YEARS 1(B) SHRI G.S. MANJUNATH S/O LATE SHRI G. SATHYANARAYANA AGED ABOUT 41 YEARS BOTH 1(A) AND 1(B) ARE R/AT NO.86, MVK APARTMENTS 2ND FLOOR, SF-301, KEMPEGOWDANAGAR MAIN ROAD BANGALORE – 560 019 1(C) SMT. G.S. RAJESHWARI D/O LATE G. SATHYANARAYANA AGED ABOUT 48 YEARS R/AT NO.10/4, KASHIVISHWANATHA TEMPLE STREET KOLLEGAL 571 440 CHAMARAJANAGAR DISTRICT 1(D) SMT. G.S. NALINA RANI D/O LATE G. SATHYANARAYANA AGED ABOUT 24 YEARS R/AT NO.86, MVK APARTMENTS 2ND FLOOR, SF-301 KEMPEGOWDANAGAR MAIN ROAD BANGALORE – 560 019 2. G L SUBRAMANYA SINCE DEAD BY HIS LRs 2(A) SMT. K.N. GOWRAMMA W/O LATE G.L. SUBRAMANYA AGED ABOUT 60 YEARS R/AT NO.929, DEVARAJ NAGAR KONGADIYAPPA COLLEGE ROAD DODDABALAPUR 561 203 2(B) SMT. G.S. VANISHREE D/O LATE G.L. SUBRAMANYA AGED ABOUT 37 YEARS R/AT NO.929, DEVARAJ NAGAR KONGADIYAPPA COLLEGE ROAD DODDABALLAPUR 561 203 2(C) SMT. G.S. SUSHEELA D/O LATE G.L. SUBRAMANYA AGED ABOUT 34 YEARS R/AT BHUVANESHWARI NAGAR LAYOUT DODDABALLAPUR 561 203 2(D) SRI G.S. DHANANJAYA D/O LATE G.L. SUBRAMANYA AGED ABOUT 30 YEARS R/AT NO.929, DEVARAJ NAGAR KONGADIYAPPA COLLEGE ROAD DODDABALLAPUR 561 203 3. G GOPALA S/O LATE G LAKSHMINARAYANA SHETTY R/O NO.56, CAR STREET DODDABALLAPUR TOWN 561203.
(BY SHRI V.F. KUMBAR, ADVOCATE) AND:
1. G ANNAPPA SHETTY SINCE DEAD BY HIS LRs 1(A) SRI SRIDHARAMURTHY S/O LATE G. ANNAPPA SHETTY SINCE DEAD BY HIS LRs i) SMT. CHANDRAMMA W/O LATE SRIDHARAMURTHY AGED ABOUT 62 YEARS ii) SRI RAMESH S/O LATE SRIDHARA MNURTHY AGED ABOUT 47 YEARS ALL ARE R/AT AT NO.55 NEW 474, CAR STREET DODABALLAPUR 561 203 iii) SRI SURESH S/O LATE SRIDHARA MURTHY AGED ABOUT 44 YEARS iv) SRI SATISH S/O LATE SRIDHARA MURTHY AGED ABOUT 41 YEARS v) SMT. SHOBARANI D/O LATE SRIDHARA MURTHY …APPELLANTS AGED ABOUT 35 YEARS 1(B) SRI SRINIVAS S/O LATE G. ANNAPPA SHETTY SINCE DEAD BY HIS LRs i. SMT. YASHODAMMA W/O LATE SRIDHARA MURTHY AGED ABOUT 52 YEARS 1(C) DR. B. GALAKRISHNA S/O LATE ANNAPPA SHETTY ABED ABOUT 60 YEARS R/AT BALAJI CLINIC NEAR T.B. CIRCLE K.R. PET MANDYA DISTRICT 1(D) SRI G. JAYARAJ S/O LATE G. ANNAPPA SHETTY AGED ABOUT 58 YEARS R/AT NO.174, 3RD ‘E’ CROSS 7TH MAIN, MARUTHI LAYOUT VASANTHAPURA BANGALORE 560 061 1(E) SRI G. PURUSHOTHAM S/O LATE G. ANNAPPA SHETTY AGED ABOUT … YEARS 1(F) SRI G. YATHI RAJ S/O LATE G. ANNAPPA SHETTY AGED ABOUT YEARS R/AT AT NO.55, NEW 474 CAR STREET DOBBALLAPUR 561 203 2. SRI G.S. SATHYAMURTHY S/O LATE CHANNAKRISHNAIAH AGED ABOUT ….. YEARS R/AT NO.208, 1ST FLOOR IV CROSS KHADAR SHARIF GARDEN BANGALORE – 560 027 3. SHRI G. CHANNAKRISHNA MURTHY S/O LATE GOPALA SHETTY AGED ABOUT YEARS R/AT NO.114, BRAHMINS STREET DODDABALLAPUR TOWN SHRI CHANNAPPA SHETTY SINCE DEAD BY HIS LRs 4. SAVITHRAMMA W/O LATE CHANNAPPA SHETTY 5. C. LOKESH S/O LATE CHANNAPPA SHETTY 6. C. CHANDRAMOHAN S/O LATE CHANNAPPA SHETTY 7. VEDAVATHI W/O UMASHANKAR ALL 4 TO 7 ARE RESIDINT AT TUBUGEREPET DODDABALLAPUR TOWN 8. GEETHA W/O NANJUNDASWAMY R/AT SALIGARAPET DODDABALLAPUR 9. SMT. G. NIRMALA W/O S. PRABHAKAR NO.1/159, GORANTHU HINDUPUR TALUK 10. SRI SUBRAMANYA S/O LATE ANJINAPPA R/AT NEXT TO KONGADIYAPPA COLLEGE DODDABALLAPUR 11. SMT. MANJULA W/O SUBRAMANYA SECRETARY SARASWATHI SCHOOO NEXT TO KONGADIYAPPA COLLEGE DODDABALLAPUR …RESPONDENTS (BY SHRI R. SREENIVASE GOWDA, ADVOCATE FOR R3 NOC; SRI S. VISWESWARAIAH, ADVOCATE FOR R1(A) & R1(B)-(F); SRI G. BALAKRISHNA SHASTRY, ADVOCATE FOR R2;
SRI G.S. BALAGANGADHAR, ADVOCATE FOR R10 AND R11; R8 SEVED, R1(A) SERVED;
VIDE ORDER DATED 22.7.2015 APPEAL STANDS DISMISSED AGAINST R9) THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 15.2.2007 PASSED IN RA NO.30 OF 2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), DODDABALLAPUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.08.2005 PASSED IN OS NO.221 OF 1995 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN.) AND JMFC, DODDABALLAPUR DISMISSING THE SUIT FOR PARTITION.
RSA CROB.2 OF 2010 1. SRI SUBRAMANYA AGE 46 YEARS S/O LATE ANJANAPPA R/AT NEXT TO KONGADIYAPPA COLLEGE DODDABALLAPUR 2. SMT. MANJULA AGE 44 YEARS W/O SRI SUBRAMANYA R/AT NEXT TO KONGADIYAPPPA COLLEGE DODDABALLAPUR …CROSS OBJECTORS (BY SHRI G.S. BALAGANGADHAR, ADVOCATE) AND:
1. SRI G. SATHYANARAYANA S/O LATE G. LAKSHMINARAYANA SHETTY AGED ABOUT 65 YEARS R/AT NO.56, CAR STREET DODDABALLAPUR TOWN 2. SHRI G.L. SUBRAMANYA S/O LATE G. LAKSHMINARAYANA SHETTY AGED ABOUT 65 YEARS R/AT NO.56, CAR STREET DODDABALLAPUR TOWN 3. SRI G. GOPALA S/O LATE G. LAKSHMINARAYANA SHETTY AGED ABOUT 58 YEARS R/AT NO.56, CAR STREET DODDABALAPUR TOWN 4. SRI G. ANAPPA SHETTY S/O LATE CHANNAKRISHNAIAH AGED ABOUT 72 YEARS R/O TUBUGEREPET DODDABALAPUR TOWN 5. SRI G.S. STAHYAMURTHY S/O LATE CHANNAKRISHNAIAH AGED ABOUT 59 YEARS R/O NO.208, 1ST FLOOR, IV CROSS, KHADDAR SHARIF GARDEN BANGALORE – 560 027 6. SRI G.CHANNAKRISHNA MURTHY S/O LATE GOPALSHETTY AGEED ABOUT 70 YEARS R/O NO.114, BRAHMINS STREET DODDABALLPUR TOWN SRI CHANNAPPA SHETTY SINCE DEAD BY LRS 7. SMT. SAVITHRAMMA W/O LATE CHANNAPPA SHETTY AGED ABOUT 55 YEARS R/O TUBUGEREPET DODDABALLAPUR TOWN 8. SHRI C. LOKESH S/O LATE CHANNAPPA SHETTY AGED ABOUT 33 YEARS R/O TUBUGEREPET DODDABALLAPUR TOWN 9. SHRI C. CHANDRAMOHAN S/O LATE CHANNAPPASHETTY AGED ABOUT 31 YEARS R/O TUBUGEREPET DODDABALLAPUR TOWN 10. SMT. VEDAVATHI W/O UMASHANKAR AGED ABOUT 45 YEARS R/O TUBUGEREPET DODDABALLAPUR 11. SMT. GEETHA W/O NANJUNDASWAMY AGED ABOUT 43 YEARS R/O SALIGARPET DODDABALLAPUR TOWN …RESPONDENTS (BY SHRI V.F. KUMAR, ADVOCATE FOR R1 TO R5) THIS RSA CROB. IS FILED UNDER ORDER XLI RULE 22 OF THE CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 15.02.2007 PASSED IN RA NO.30 OF 2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), DODDABALLAPUR ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 19.08.2005 PASSED IN OS NO.221 OF 1995 ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, DODDABALLAPUR.
THESE RSA AND RSA CROB. COMING ON FOR HEARING ON INTERLOCUTORY APPLICATIONS, THE COURT, DELIVERED THE FOLLOWING:
J U D G M E N T Respondents No.1 and 2 preferred suit for partition. The suit was dismissed. Against the said dismissal plaintiff preferred appeal. The prayer was for partition in respect of item Nos.1, 2 and 3 property. Suit was dismissed. Plaintiff No.1 preferred Regular Appeal which came to be allowed decreeing the suit. Plaintiff No.2 not preferred any appeal. Against the order of the first appellate court, the appellant-defendant preferred this appeal.
2. When this matter came up for hearing on Interlocutory application, the learned counsel appearing for respondents No.1(a) and (b) who is plaintiff No.1 filed a memo for withdrawing the suit as not pressed in respect of item No.2 and 3 property. The learned counsel for the appellant submits that he also do not press appeal in respect of item No.1 property.
3. In view of the submissions made by both the parties, this appeal do not survive for consideration. The order of the first appellate Court stands modified only in respect of item No.1 property. Recording the submissions of the learned counsel, suit in respect of item No.2 and 3 property stand dismissed.
4. Appeal accordingly disposed of in terms of the submission made and also in terms of the memo filed. The additional documents are permitted to be withdrawn by the appellant.
5. Cross objections No.2 of 2010 also stands disposed of in the light of the order passed in the Regular First Appeal.
Sd/- JUDGE lnn