IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2019 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO R.S.A.No.1304/2008 C/W R.S.A.NOs.1305/2008, 1306/2008, 1308/2008, 1309/2008, 1310/2008 AND 1311/2008 R.S.A No.1304/2008:
BETWEEN:
1.SMT. PUTTAMMA W/O LATE RANGASWAMY SETTY, 2.GOVINDASRAJU S/O LATE RANGASWAMY SETTY, BOTH ARE RESIDING AT DODDAMOLE VILLAGE CHANDAKAVADI HOBLI CHAMARAJANGAR TALUK CHAMARAJANGAR DISTRICT- 571 313.
...APPELLANTS (BY SRI G R ANANTHARAM, FOR SRI K SRIDHAR, ADVOCATE) AND:
1.BASAVA SETTY MAJOR, S/O RANGA SETTEE 2.NANJASETTY SINCE DECEASED BY HIS LRs 2(a) SMT.CHINNAMMA AGED ABOUT 65 YEARS W/O LATE NANJASETTY.
2(b) SMT.SUKANYA AGED ABOUT 43 YEARS D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA AGED ABOUT 40 YEARS D/O LATE NANJASETTY.
2(d) SRI NANJUNDA AGED ABOUT 38 YEARS S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA AGED ABOUT 35 YEARS D/O LATE NANJASETTY.
2(f) SRI KRISHNA AGED ABOUT 25 YEARS S/O LATE NANJASETTY.
ALL ARE RESIDING C/O M SIDDASETTY KODIMOLE VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT – 571 342.
3.RANGASWAMASETTY SINCE DECEASED BY HIS LRs 3(a) SMT.BANGARAMMA AGED ABOUT 43 YEARS D/O LATE RANGASWAMYSETTY.
3(b) SMT.JAYALAKSHMI AGED ABOUT 33 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI MANJU.
3(c) SMT.SAROJA AGED ABOUT 28 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SWAMY.
3(d) SMT.VIJAYA AGED ABOUT 26 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SHANKARA.
3(a) to 3(d) RESIDING AT DODDAMOLE VILLAGE, CHANDAKAVADI HOBLI CHAMARAJANGAR TALUK CHAMARAJANGAR DISTRICT- 571 313.
4.CHANNASETTY MAJOR, S/O RANGA SETTY ALL ARE RESIDENTS OF CHENNIPURADAMOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS (BY SRI S M BABU, ADVOCATE FOR R1 & R4 VIDE COURT ORDER DATED.26.4.19 R2(e) IS SERVICE HELD SUFFICIENT R2(a-d & f) ARE SERVED & UNREPRESENTED R3(a-d) ARE SERVED & UNREPRESENTED) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN RA.No.17/2007 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001 PASSED IN OS.No.6/1988 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
R.S.A No.1305/2008:
BETWEEN:
1.SRI VENKATARANGA AGED ABOUT 65 YEARS, S/O SRI RANGANAIKA RESIDING AT KANNAGALA VILLAGE, SANTHEMARAHALLI HOBLI, CHAMARAJANGAR TALUK, CHAMARAJANGAR DISTRICT – 571 313.
*2.SMT.PUTTAMMA, W/O LATE RANGASWAMY SETTY AGED ABOUT 70 YEARS, R/AT DODDAMOLE VILLAGE CHAMARAJANAGAR TALUK CHAMRAJANAGAR DISTRICT – 571 313.
...APPELLANTS (BY SRI G R ANANTHARAM, FOR SRI K SRIDHAR, ADVOCATE) AND:
1.BASAVA SETTY MAJOR, S/O RANGA SETTEE R/AT CHENNIPURADAMOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT.
2.NANJASETTY SINCE DECEASED BY HIS LRs 2(a) SMT.CHINNAMMA AGED ABOUT 65 YEARS W/O LATE NANJASETTY.
2(b) SMT.SUKANYA AGED ABOUT 43 YEARS *Inserted & Retyped vide court order dated 11.07.2019.
D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA AGED ABOUT 40 YEARS D/O LATE NANJASETTY.
2(d) SRI NANJUNDA AGED ABOUT 38 YEARS S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA AGED ABOUT 35 YEARS D/O LATE NANJASETTY.
2(f) SRI KRISHNA AGED ABOUT 25 YEARS S/O LATE NANJASETTY.
ALL ARE RESIDING C/O M SIDDASETTY KODIMOLE VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT – 571 342.
3.RANGASWAMASETTY SINCE DECEASED BY HIS LRs 3(a) SMT.PUTTAMMA MAJOR, W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU MAJOR, S/O LATE RANGASWAMYSETTY 3(c) SMT.BANGARAMMA AGED ABOUT 43 YEARS D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI AGED ABOUT 33 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI MANJU.
3(e) SMT.SAROJA AGED ABOUT 28 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SWAMY.
3(f) SMT.VIJAYA AGED ABOUT 26 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE VILLAGE, CHANDAKAVADI HOBLI CHAMARAJANGAR TALUK CHAMARAJANGAR DISTRICT- 571 313.
4. CHANNASETTY MAJOR, S/O RANGA SETTY ALL ARE RESIDENTS OF CHENNIPURADAMOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS (BY SRI S M BABU, ADVOCATE FOR R1 & R4 VIDE COURT ORDER DATED.26.4.19 R2(e) IS SERVICE HELD SUFFICIENT R2(a-d & f) ARE SERVED & UNREPRESENTED R3(a-f) ARE SERVED & UNREPRESENTED) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN RA.No.13/2007 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001 PASSED IN OS.No.141/1989 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
R.S.A No.1306/2008:
BETWEEN:
SMT.RANGAMMANI MAJOR, W/O SRI R MAHADEVASHETTY RESIDING AT CHANDEEKATTER MOLE VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGAR TALUK CHAMAJANAGAR DISTRICT.
…APPELLANT (BY SRI G R ANANTHARAM, FOR SRI K SRIDHAR, ADVOCATE) AND:
1.BASAVA SETTY MAJOR, S/O RANGA SETTEE 2.NANJASETTY SINCE DECEASED BY HIS LRs 2(a) SMT.CHINNAMMA AGED ABOUT 65 YEARS W/O LATE NANJASETTY.
2(b) SMT.SUKANYA AGED ABOUT 43 YEARS D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA AGED ABOUT 40 YEARS D/O LATE NANJASETTY.
2(d) SRI NANJUNDA AGED ABOUT 38 YEARS S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA AGED ABOUT 35 YEARS D/O LATE NANJASETTY. W/O SRI RACHA.
2(f) SRI KRISHNA AGED ABOUT 25 YEARS S/O LATE NANJASETTY.
ALL ARE RESIDING C/O M SIDDASETTY KODIMOLE VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT – 571 342.
3.RANGASWAMASETTY SINCE DECEASED BY HIS LRs 3(a) SMT.PUTTAMMA MAJOR, W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU MAJOR, S/O LATE RANGASWAMYSETTY 3(c) SMT.BANGARAMMA AGED ABOUT 43 YEARS D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI AGED ABOUT 33 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI MANJU.
3(e) SMT.SAROJA AGED ABOUT 28 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SWAMY.
3(f) SMT.VIJAYA AGED ABOUT 26 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE VILLAGE, CHANDAKAVADI HOBLI CHAMARAJANGAR TALUK CHAMARAJANGAR DISTRICT- 571 313.
4. CHANNASETTY MAJOR, S/O RANGA SETTY ALL ARE RESIDENTS OF CHENNIPURADAMOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS (BY SRI S M BABU, ADVOCATE FOR R1 & R4 VIDE COURT ORDER DATED.26.4.19 R2(e) IS SERVICE HELD SUFFICIENT R2(a-d & f) ARE SERVED & UNREPRESENTED R3(a-f) ARE SERVED & UNREPRESENTED) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN RA.No.10/2007 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001 PASSED IN OS.No.211/1989 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
R.S.A No.1308/2008:
BETWEEN:
1. SRI H N SRINIVASA HEBBARA AGED ABOUT 49 YEARS S/O SRI SHIMHA HEBBAR RESIDING AT CHAMARAJANAGAR TOWN CHAMRAJANAGAR DISTRICT – 571 313.
2. SMT. PUTTAMMA W/O LATE RANGASWAMASETTY AGED ABOUT 70 YEARS RESIDENT OF DODDAMOLE VILLAGE CHAMARAJANAGAR TALUK CHAMRAJANAGAR DISTRICT – 571 313.
...APPELLANTS (BY SRI G R ANANTHARAM, FOR SRI K SRIDHAR, ADVOCATE) AND:
1.BASAVA SETTY MAJOR, S/O RANGA SETTEE 2.NANJASETTY SINCE DECEASED BY HIS LRs 2(a) SMT.CHINNAMMA AGED ABOUT 65 YEARS W/O LATE NANJASETTY.
2(b) SMT.SUKANYA AGED ABOUT 43 YEARS D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA AGED ABOUT 40 YEARS D/O LATE NANJASETTY.
2(d) SRI NANJUNDA AGED ABOUT 38 YEARS S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA AGED ABOUT 35 YEARS D/O LATE NANJASETTY.
2(f) SRI KRISHNA AGED ABOUT 25 YEARS S/O LATE NANJASETTY.
ALL ARE RESIDING C/O M SIDDASETTY KODIMOLE VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT – 571 342.
3.RANGASWAMASETTY SINCE DECEASED BY HIS LRs 3(a) SMT.PUTTAMMA MAJOR, W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU MAJOR, S/O LATE RANGASWAMYSETTY 3(c) SMT.BANGARAMMA AGED ABOUT 43 YEARS D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI AGED ABOUT 33 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI MANJU.
3(e) SMT.SAROJA AGED ABOUT 28 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SWAMY.
3(f) SMT.VIJAYA AGED ABOUT 26 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE VILLAGE, CHANDAKAVADI HOBLI CHAMARAJANGAR TALUK CHAMARAJANGAR DISTRICT- 571 313.
4. CHANNASETTY MAJOR, S/O RANGA SETTY ALL ARE RESIDENTS OF CHENNIPURADAMOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS (BY SRI S M BABU, ADVOCATE FOR R1 & R4 VIDE COURT ORDER DATED.26.4.19 R2(e) IS SERVICE HELD SUFFICIENT R2(a-d & f) ARE SERVED & UNREPRESENTED R3(a-f) ARE SERVED & UNREPRESENTED) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN RA.No.12/2007 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001 PASSED IN OS.No.134/1989 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
R.S.A No.1309/2008:
BETWEEN:
1. SRI K R KRISHNAMURTHY MAJOR S/O SRI K RAMAHCHANDRAIAH RESIDING AT BRAMARAMBA EXTENSION 1ST CROSS, CHAMARAJANAGAR TOWN CHAMRAJANAGAR DISTRICT – 571 313.
2. SMT. PUTTAMMA W/O LATE RANGASWAMASETTY AGED ABOUT 70 YEARS RESIDENT OF DODDAMOLE VILLAGE CHAMARAJANAGAR TALUK CHAMRAJANAGAR DISTRICT – 571 313.
...APPELLANTS (BY SRI G R ANANTHARAM, FOR SRI K SRIDHAR, ADVOCATE) AND:
1.BASAVA SETTY MAJOR, S/O RANGA SETTEE 2.NANJASETTY SINCE DECEASED BY HIS LRs 2(a) SMT.CHINNAMMA AGED ABOUT 65 YEARS W/O LATE NANJASETTY.
2(b) SMT.SUKANYA AGED ABOUT 43 YEARS D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA AGED ABOUT 40 YEARS D/O LATE NANJASETTY.
2(d) SRI NANJUNDA AGED ABOUT 38 YEARS S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA AGED ABOUT 35 YEARS D/O LATE NANJASETTY. W/O SRI RACHA 2(f) SRI KRISHNA AGED ABOUT 25 YEARS S/O LATE NANJASETTY.
ALL ARE RESIDING C/O M SIDDASETTY KODIMOLE VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT – 571 342.
3.RANGASWAMASETTY SINCE DECEASED BY HIS LRs 3(a) SMT.PUTTAMMA MAJOR, W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU MAJOR, S/O LATE RANGASWAMYSETTY 3(c) SMT.BANGARAMMA AGED ABOUT 43 YEARS D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI AGED ABOUT 33 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI MANJU.
3(e) SMT.SAROJA AGED ABOUT 28 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SWAMY.
3(f) SMT.VIJAYA AGED ABOUT 26 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE VILLAGE, CHANDAKAVADI HOBLI CHAMARAJANGAR TALUK CHAMARAJANGAR DISTRICT- 571 313.
4. CHANNASETTY MAJOR, S/O RANGA SETTY ALL ARE RESIDENTS OF CHENNIPURADAMOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS (BY SRI S M BABU, ADVOCATE FOR R1 & R4 VIDE COURT ORDER DATED.26.4.19 R2(e) IS SERVICE HELD SUFFICIENT R2(a-d & f) ARE SERVED & UNREPRESENTED R3(a-f) ARE SERVED & UNREPRESENTED) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN RA.No.124/2007 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001 PASSED IN OS.No.215/1989 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
R.S.A No.1310/2008:
BETWEEN:
1. SMT.S N MALATHI AGED ABOUT 49 YEARS D/O SRI RANGANARASIMACHASRYA RESIDING AT # 693, BIG BAZARR STREET CHAMARAJANAGAR TOWN – 571 313.
2. SMT. PUTTAMMA W/O LATE RANGASWAMY SETTY AGED ABOUT 70 YEARS RESIDENT OF DODDAMOLE VILLAGE CHAMARAJANAGAR TALUK CHAMRAJANAGAR DISTRICT – 571 313.
...APPELLANTS (BY SRI G R ANANTHARAM, FOR SRI K SRIDHAR, ADVOCATE) AND:
1.BASAVA SETTY MAJOR, S/O RANGA SETTEE 2.NANJASETTY SINCE DECEASED BY HIS LRs 2(a) SMT.CHINNAMMA AGED ABOUT 65 YEARS W/O LATE NANJASETTY.
2(b) SMT.SUKANYA AGED ABOUT 43 YEARS D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA AGED ABOUT 40 YEARS D/O LATE NANJASETTY.
2(d) SRI NANJUNDA AGED ABOUT 38 YEARS S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA AGED ABOUT 35 YEARS D/O LATE NANJASETTY. W/O SRI RACHA 2(f) SRI KRISHNA AGED ABOUT 25 YEARS S/O LATE NANJASETTY.
ALL ARE RESIDING C/O M SIDDASETTY KODIMOLE VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT – 571 342.
3.RANGASWAMASETTY SINCE DECEASED BY HIS LRs 3(a) SMT.PUTTAMMA MAJOR, W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU MAJOR, S/O LATE RANGASWAMYSETTY 3(c) SMT.BANGARAMMA AGED ABOUT 43 YEARS D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI AGED ABOUT 33 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI MANJU.
3(e) SMT.SAROJA AGED ABOUT 28 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SWAMY.
3(f) SMT.VIJAYA AGED ABOUT 26 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE VILLAGE, CHANDAKAVADI HOBLI CHAMARAJANGAR TALUK CHAMARAJANGAR DISTRICT- 571 313.
4. CHANNASETTY MAJOR, S/O RANGA SETTY ALL ARE RESIDENTS OF CHENNIPURADAMOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT- 571 313. ... RESPONDENTS (BY SRI S M BABU, ADVOCATE FOR R1 & R4 VIDE COURT ORDER DATED.26.4.19 R2(e) IS SERVICE HELD SUFFICIENT R2(a-d & f) ARE SERVED & UNREPRESENTED R3(a-f) ARE SERVED & UNREPRESENTED NOTICE NOT ORDERED IN R/O R4) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN RA.No.16/2007 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001 PASSED IN OS.No.135/1989 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
R.S.A No.1311/2008:
BETWEEN:
*1. SRI J CHANDRASHEKAR SINCE DECEASED BY HIS LRs.
1(a) SMT.BHAGYAMMA W/O J CHANDRASHEKAR 1(b) SMT. C NETRAVATHI D/O J CHANDRASHEKAR & W/O SRI L KRISHNA RESIDING AT HOUSE No.333/1 NAZERBAD DURGA DEVI TEMPLE STREET MYSORE.
1(c) MR.C SURESH S/O LATE J CHANDRASHEKAR 1(d) MR.C SOMASHEKHARA S/O LATE J CHANDRASHEKAR *Inserted & Retyped vide court order dated 11.07.2019.
*(a), (c) & (d) TOGETHER RESIDING AT No.7/19, POND STREET,CHAMARAJANAGAR TOWN CHAMARAJANAGAR DISTRICT - 571 313. …APPELLANTS (BY SRI G R ANANTHARAM, FOR SRI K SRIDHAR, ADVOCATE) AND:
1.BASAVA SETTY, MAJOR, S/O RANGA SETTEE 2.NANJASETTY SINCE DECEASED BY HIS LRs 2(a) SMT.CHINNAMMA AGED ABOUT 65 YEARS W/O LATE NANJASETTY.
2(b) SMT.SUKANYA AGED ABOUT 43 YEARS D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA AGED ABOUT 40 YEARS D/O LATE NANJASETTY.
2(d) SRI NANJUNDA AGED ABOUT 38 YEARS S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA AGED ABOUT 35 YEARS D/O LATE NANJASETTY. W/O SRI RACHA 2(f) SRI KRISHNA AGED ABOUT 25 YEARS S/O LATE NANJASETTY.
ALL ARE RESIDING: C/O M SIDDASETTY KODIMOLE VILLAGE, CHANDAKAVADI HOBLI CHAMARAJANAGAR TALUK, CHAMARAJANGAR *Inserted & Retyped vide court order dated 11.07.2019.
DISTRICT – 571 342.
3.RANGASWAMASETTY SINCE DECEASED BY HIS LRs 3(a) SMT.PUTTAMMA MAJOR, W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU MAJOR, S/O LATE RANGASWAMYSETTY 3(c) SMT.BANGARAMMA AGED ABOUT 43 YEARS D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI AGED ABOUT 33 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI MANJU.
3(e) SMT.SAROJA AGED ABOUT 28 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SWAMY.
3(f) SMT.VIJAYA AGED ABOUT 26 YEARS D/O LATE RANGASWAMYSETTY. W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE VILLAGE, CHANDAKAVADI HOBLI CHAMARAJANGAR TALUK CHAMARAJANGAR DISTRICT- 571 313.
4. CHANNASETTY MAJOR, S/O RANGA SETTY ALL ARE RESIDENTS OF CHENNIPURADAMOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANGAR DISTRICT- 571 313.
5. PUTTAMMA, MAJOR W/O RANGASWAMYSETTY 6. GOVINDARAJU, MAJOR S/O RANGASWAMYSETTY BOTH ARE RESIDING AT DODDAMOLE VILLAGE CHAMARAJANAGAR TALUK- 571 313.
... RESPONDENTS (BY SRI S M BABU, ADVOCATE FOR R1 & R4 VIDE COURT ORDER DATED.26.4.19 R2(e) IS SERVICE HELD SUFFICIENT R2(a-d & f) ARE SERVED & UNREPRESENTED R3(a-f) ARE SERVED & UNREPRESENTED) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN RA.No.19/2007 ON THE FILE OF THE ADDL.DISTRICT AND SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001 PASSED IN OS.No.118/1994 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
THESE RSAs COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT These seven appeals are directed against the judgment and decree passed by the Presiding Officer, Fast Track Court, Chamarajanagar. The details of which are as under:
18.12.2007 Decreed 7. 1311/2008 Plaintiff 19/2007 Defendants Dismissed DD 18.12.2007 118/1994 DD 06.06.2001 Decreed 2. In order to avoid confusion and overlapping, the parties hereinafter are referred to with their ranks as held by them before the trial Court.
3. Learned counsel for appellant would submit that respondent Nos. 2 and 3 who are defendant Nos. 1 and 2 before the trial Court are dead and their legal representatives have come on record on the relevant applications filed were allowed separately.
4. Insofar as material aspect of the cases is concerned, it is seen that respondent Nos. 2 and 3 in these appeals before their death were defendant Nos. 1 and 2 in the original suits, but they were not arrayed as parties in the regular appeals. Now their legal representatives are brought on record for the first time in these appeals.
5. In original suits, defendant Nos. 1 and 2 respectively are: Nanjasetty, S/o Rangasetty and Rangaswamasetty S/o Late Rangasetty. The suits came to be disposed of on 06.06.2001. The appeals were preferred before the learned Additional District and Session Judge and Presiding Officer, Fast Track Court, Chamarajanagar, in Regular Appeals as mentioned above. Regard being had to the fact that defendant Nos. 1 and 2 were not made as parties in the said appeals.
6. As respondent No.2 Nanjasetty reported dead on 30.8.2004 and respondent No.3- Rangaswamasetty on 7.7.2007, incidentally, the legal representatives of the said deceased persons were not brought on record in regular appeals and without even noting about their death, the appeals came to be disposed of on 18-12-2007 and the operative portion are as under:
“The appeal preferred by defendant No.3 in O.S.No.6/1988 who is the plaintiff in O.S.No.19/1995 is partly allowed. Consequently, the suit filed by him in O.S.No.19/1995 for the relief of declaration and consequential relief of injunction is allowed as prayed in the plaint.
The suit as filed by the plaintiff in O.S.No.6/88 Smt. Puttamma and Govindaraju is and it is hereby dismissed.
The suit filed by the plaintiffs in O.S.No.134/89, 135/89, 141/89, 211/89, 213/89, 215/89, 216/89, 118/94 is dismissed in respect of relief of declaration. However, the suit is partly decreed in respect of permanent injunction, restraining the defendants of the said suit or any other person claiming under them from interfering into their lawful possession of the property till their title is established in respect of the sites purchased by these plaintiffs and they are evicted in respect of their site under due process of law if he is established his title subject to the period.
The parties to bear their own costs.”
7. Further, it is brought to the notice of this Court that RSA No.1307/2008 was dismissed for non- prosecution and RSA No.868/2009 in respect of Regular Appeal No.15/2007 connected to OS No.19/1995 is de- linked on 19.6.2019 from these appeals.
8. Learned counsel for appellants Sri.
G.R.Ananatharamu would submit that the entire inconvenience could have been avoided if the matters were disposed of by giving opportunity to the legal representatives of deceased defendants 1 and 2/respondents 2 and 3 herein.
9. Learned counsel for respondent Nos. 1 and 4 Sri. S.M.Babu would submit the right accrued to these respondents may not be disturbed since all the matters were clubbed and disposed of by the trial Court as well as by the first Appellate Court in common. Though OS No.19/1995 is filed by the Basava Shetty, wherein deceased respondents have no participation.
10. The suits are filed by the individual purchasers of sites in the layout built by Puttamma in Survey No.289/2B at Chamarajanagar, Kasaba village. Thus, in the context of the matter and keeping the mandatory procedure in mind, the judgment and decree passed by the first Appellate Court is hereby set aside and the matters are remanded to the first Appellate Court for fresh disposal in accordance with law, after allowing the opportunity to the legal representatives of deceased defendants 1 and 2/respondents 2 and 3 herein i.e. Nanjasetty, s/o Rangasetty and Rangaswamasetty S/o late Rangasetty.
11. For the reasons morefully stated above, the moot question that arise would be “Whether the judgment and decree passed by the learned first Appellate Judge in all the above appeals are complete and effective?
12. It is seen that respondent Nos. 2 and 3 in the above appeals who were defendant Nos. 1 and 2 before the trial Court are dead. But neither the said fact was informed to the Appellate Court for further proceedings.
and the proceedings before the first Appellate Court have taken place without the effective participation of the legal representatives of respondents 2 and 3 herein. Upon filing of the necessary applications by the appellants they are considered and allowed and permitted the appellants to bring them on record by a separate order. However, it is necessary to note that, the judgment and decree passed by the first appellate Court in regular appeals is without giving opportunity to the legal representatives of the deceased defendants 1 and 2 /respondents 2 and 3 herein and therefore, they are liable to be set aside and matters deserve to be remanded to the first Appellate Court.
13. In the result, the appeals are allowed.
The common judgment and decree passed by the learned Additional District and Sessions Judge and Presiding Officer, Fast Track Court, Chamarajanagar, as mentioned above are hereby set aside and the matters are remanded to first Appellate Court for fresh disposal in accordance with law, after granting opportunity to the legal representatives of the deceased defendant Nos.
1 and 2/ respondent Nos. 2 and 3 herein i.e., Nanjasetty and Rangaswamasetty.
All the parties are directed to appear before the first Appellate Court on 26.8.2019 without waiting for further notice.
tsn* Sd/- JUDGE