Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2021 BEFORE THE HON’BLE MR. JUSTICE E.S.INDIRESH R.S.A. No.328/2018 (DEC) C/W R.S.A. No.150/2018 AND R.S.A No.748/2018 IN R.S.A.No.328/2018 BETWEEN:
SRI. NARAYANASWAMY, S/O LATE HONNAPPA, AGED ABOUT 68 YEARS, RESIDING AT B.K.PALYA, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 562 149.
(BY SRI.C.M.NAGABHUSHAN, ADVOCATE FOR SRI.MADHUKAR M DESHPANDE, ADVOCATE) AND:
1. SRI. BYRANNA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 60 YEARS, RESIDING AT B.K. PALYA, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 562 149.
2. SRI. CHANDRAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 58 YEARS, RESIDING AT B.K. PALYA, JALA HOBLI, BENGALURU NORTH TALUK, ... APPELLANT BENGALURU – 562 149.
3. SRI. NAGAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 56 YEARS, RESIDING AT B.K. PALYA, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 562 149.
4. SRI. ANJINAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 54 YEARS, RESIDING AT B.K. PALYA, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 562 149.
5. SMT. JAYAMMA, W/O PILLAPPA, D/O LATE PILLANNA @ PILLAPPAIAH, AGED BY MAJOR, RESIDING AT NALLUR VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.
6. SMT. SHANTHAMMA, W/O MARAPPA, AGED ABOUT 63 YEARS, RESIDING AT BEEDIGANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.
7. SMT. NARAYANAMMA, W/O KRISHNAPPA, AGED ABOUT 58 YEARS, RESIDING AT BALUVANAHALLI VILLAGE, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT.
8. SMT. JAYAMMA, W/O NARAYANAPPA, AGED ABOUT 58 YEARS, RESIDING AT BALUVANAHALLI VILLAGE, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT.
9. SRI. NARAYANASWAMY, S/O NANJAPPA, AGED ABOUT 51 YEARS, RESIDING AT NALLAGANAHALLI, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT.
10. SMT. SHANTHA DEVI, W/O PRAKASH CHAND @ OM PRAKASH, AGED ABOUT 52 YEARS, RESIDING AT BENGALURU ROAD, NEAR RAYADURGA BUS STAND, BELLARY.
11. SRI. H S GOPALA KRISHNA, S/O H S DHANAIAH SHETTY, AGED ABOUT 49 YEARS, RESIDING AT BENGALURU ROAD, NEAR RAYADURGA BUS STAND, BELLARY.
12. SRI. SATISH P SHETTY, S/O PRABHAKAR SHETTY, AGED ABOUT 41 YEARS, RESIDING AT HOUSE NO.40, 3RD CROSS, PATEL NAGAR, BELLARY.
13. THE SPECIAL LAND ACQUISITION OFFICER, K.I.A.D.B., PRESENTLY OFFICE SITUATED AT 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU – 560 001.
(BY SRI.V.F.KUMBAR, ADVOCATE FOR R1 TO R6;
... RESPONDENTS SRI.SANTOSH S NAGARALE, ADVOCATE FOR R7 & R8;
SRI.B.J.MAHESH, ADVOCATE FOR R9; SRI.KRISHNAMURTHY D., ADVOCATE FOR R10; SRI.NIKHIL K., ADVOCATE FOR R11 & R12; SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R13) THIS R.S.A. IS FILED UNDER SECTION 100 R/W ORDER XLI RULE 1 AND 2 OF THE CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.12.2017 PASSED IN R.A.NO.15029/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING JUDGMENT AND DECREE DATED 06.03.2017 PASSED IN O.S.NO.214/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI.
IN R.S.A.No.150/2018 BETWEEN:
SMT. BACHAMMA, SINCE DEAD BY HER LRS., 1. SRI. BYRANNA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 58 YEARS, 2. SRI. CHANDRAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 56 YEARS, 3. SRI. NAGAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 54 YEARS, 4. SRI. ANJINAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 52 YEARS, ALL ARE R/AT B.K. PALYA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK – 560 064.
5. SMT. JAYAMMA, W/O PILLAPPA, D/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 61 YEARS, R/AT NALLUR VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK – 562 110.
6. SMT. SHANTHAMMA, W/O MARAPPA, AGED ABOUT 74 YEARS, R/AT BEEDIGANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK – 562 110.
(BY SRI.V.F.KUMBAR, ADVOCATE) AND:
SMT. NARAYANAMMA, SINCE DEAD BY HER LRS., 1. SMT. NARAYANAMMA, W/O. KRISHNAPPA, AGED ABOUT 58 YEARS, 2. SMT. JAYAMMA, W/O NARAYANAPPA, AGED ABOUT 54 YEARS, BOTH 1 & 2 ARE RESIDING AT BALUVANAHALLI VILLAGE, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK – 562 105.
3. SRI. NARAYANASWAMY, S/O LATE NANJAPPA, AGED ABOUT 51 YEARS, R/AT NALLAGANAHALLI, SULIBELE HOBLI, HOSKOTE TALUK – 562 114.
4. SRI. NARAYANASWAMY, S/O LATE HONNAPPA, AGED ABOUT 68 YEARS, ... APPELLANTS R/AT B. K. PALYA – 560 064, JALA HOBLI, BENGALURU NORTH TALUK.
5. SMT. SHANTHA DEVI, W/O PRAKASHCHAND @ OM PRAKASH, AGED ABOUT 51 YEARS, R/AT BENGALURU ROAD, NEAR RAYADURGA BUST STAND, BELLARY – 583 101.
6. SRI. H. S. GOPALAKRISHNA, S/O H.S. DHANAIAH SHETTY, AGED ABOUT 48 YEARS, R/AT BENGALURU ROAD, NEAR RAYADURGA BUS STAND, BELLARY – 583 101.
7. SRI. SATISH P. SHETTY, S/O PRABHAKAR SHETTY, AGED ABOUT 49 YEARS, R/AT HOUSE NO.40, 3RD CROSS, PATEL NAGAR, BELLARY – 583 101.
8. THE SPECIAL LAND ACQUISITION OFFICER, K.I.A.D.B., NO.3/2, 3RD CROSS, KHENI BUILDING, 1ST CROSS, GANDHINAGAR, BENGALURU – 560 009.
PRESENTLY THE OFFICE IS SITUATED AT 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001.
…RESPONDENTS (BY SRI.SANTOSH S NAGARALE, ADVOCATE FOR R1 & R2; SRI.B.J.MAHESH, ADVOCATE FOR R3; SRI.C.M.NAGABHUSHAN, ADVOCATE FOR SRI.MADHUKAR M DESHPANDE, ADVOCATE FOR R4; SRI.KRISHNAMURTHY D., ADVOCATE FOR R5; SRI.NIKHIL K., ADVOCATE FOR R6 AND R7; SRI.K.KRISHNA, ADVOCATE FOR R8) THIS RSA IS FILED U/S. 100 OF CPC.,AGAINST THE JUDGMENT AND DECREE DATED 16.12.2017 PASSED IN R.A.NO.15032/2017 ON THE FILE OF THE V ADDL. DISTRICT AND SESSIONS JUDGE., DEVANAHALLI, BENGALURU RURAL DISTRICT, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.03.2017 PASSED IN OS.NO.214/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., DEVANAHALLI.
IN R.S.A.No.748/2018 BETWEEN:
1. SMT. SHANTHA DEVI, W/O PRAKASH CHANDR @ OM PRAKASH, AGED ABOUT 53 YEARS, R/A BENGALURU ROAD, NEAR RAYADURGA BUS STAND, BELLARY – 583 103.
2. SRI. H S GOPALA KRISHNA, S/O H S DHANAIAH SHETTY, AGED ABOUT 50 YEARS, R/A BENGALURU ROAD, NEAR RAYADURGA BUS STAND, BELLARY – 583 103.
3. SRI. SATISH P SHETTY, S/O PRABHAKAR SHETTY, AGED ABOUT 50 YEARS, R/A HOUSE NO.40, 3RD CROSS, PATEL NAGAR, BELLARY – 583 103.
... APPELLANTS (BY SRI.KRISHNA MURTHY D., ADVOCATE FOR A1; SRI.NIKHIL K., ADVOCATE FOR A2 AND A3) AND:
1. SRI. BYRANNA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 61 YEARS, 2. SRI. CHANDRAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 59 YEARS, 3. SRI. NAGAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 57 YEARS, 4. SRI. ANJINAPPA, S/O LATE PILLANNA @ PILLAPPAIAH, AGED ABOUT 55 YEARS, ALL ARE R/A B.K.PALYA, JALA HOBLI, BENGALURU NORTH TALUK – 560 013.
5. SMT. JAYAMMA, W/O PILLAPPA, D/O LATE PILLANNA @ PILLAPPAIAH, MAJOR IN AGE, R/A NALLUR VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK – 562 110.
6. SMT. SHANTHAMMA, W/O MARAPPA, AGED ABOUT 74 YEARS, R/A BEEDIGANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK – 562 110.
7. SMT. NARAYANAMMA, W/O KRISHNAPPA, AGED ABOUT 59 YEARS, 8. SMT. JAYAMMA, W/O NARAYANAPPA, AGED ABOUT 59 YEARS, R-7 AND R-8 ARE R/A BALUVANAHALLI VILLAGE, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK.
9. SRI. NARAYANASWAMY, S/O NANJAPPA, AGED ABOUT 52 YEARS, R/A NALLAGANAHALLI, SULIBELE HOBLI, HOSKOTE TALUK – 562 114.
10. SRI. NARAYANASWAMY, S/O LATE HONNAPPA, AGED ABOUT 69 YEARS, R/A B.K.PALYA, JALA HOBLI, BENGALURU NORTH TALUK – 560 013.
11. THE SPECIAL LAND ACQUISITION OFFICER, K.I.A.D.B., NO.3/2, 3RD CROSS, KHENI BUILDING, I CROSS, GANDHINAGAR, BENGALURU – 560 009.
(BY SRI.V.F.KUMBAR, ADVOCATE FOR R1 TO R6;
…RESPONDENTS SRI.SANTOSH S NAGARALE, ADVOCATE FOR R7 & R8; SRI.B.J.MAHESH, ADVOCATE FOR R9; SRI.MADHUKAR M DESHPANDE, ADVOCATE FOR R10; SRI.PRADEEP KUMAR, ADVOCATE FOR R11) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.12.2017 PASSED IN RA.NO.15027/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DEVANAHALLI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 06.03.2017 PASSED IN O.S.NO. 214/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, DEVANAHALLI.
IN THESE APPEALS ARGUMENTS BEING HEARD, JUDGMENT RESERVED, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
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