IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO. 327/2019 (SCST) BETWEEN :
SRI P B MUNIYAPPA S/O LATE BODAPPA AGED ABOUT 72 YEARS R/AT YELLAPPA BUILDINGS 1ST CROSS, BEHIND COURT PUMPHOUSE MAIN ROAD ANEKAL-562 106 ... APPELLANT (BY SRI NANJUNDA SWAMY N, ADVOCATE) AND :
1. SRI AMBLI YOGESH S/O AMBLI KOTRAPPA AGED ABOUT 48 YEARS R/AT KOTTURU MAIN ROAD HARAPANAHALLI REPRESENTED BY GPA HOLDER B M KARUNESH S/O MADAIAH AGED ABOUT 55 YEARS ANANDA BHAVAN, NO.10 VITTAL MALYA ROAD BENGALURU-560 001 2. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPT. REVENUE M.S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 001 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION KANDAYA BHAVAN, K G ROAD BENGALURU-560 009 4. SPECIAL DEPUTY COMMISSIONER D.C. OFFICE, K G ROAD BANGALORE-560 009 5. SRI P R HANUMAPPA S/O LATE RAMAIAH AGED ABOUT 88 YEARS R/O PANATHUR VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK-560 103 ... RESPONDENTS (BY SRI T N RAGHUPATHY, ADVOCATE FOR R-1; SRI I. THARANATH POJARY, AGA FOR R-2 TO 4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 05/12/2018 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.25754/2009 [SC-ST] BY ALLOWING THIS APPEAL.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT I.A.No.5/2019 is an application filed by the applicants, who are the sons and daughters of the appellant in the appeal. A copy of the Gift Deed executed by the appellant in their favour on 5th January 2019 is annexed to the application. The applicants have claimed that under the said Gift Deed, the subject property has been gifted to them by the appellant.
2. The appeal is preferred by the appellant on 1st February 2019. The fact that on 5th January 2019, he executed the Gift Deed in favour of his sons and daughters in respect of the property subject matter of this appeal is suppressed in the memorandum of appeal. In fact, on the date on which the appeal was filed, the appellant had no title to the property subject matter of the appeal in view of the execution of the gift deed. On 28th June 2019, the first respondent, in his statement of objections, pointed out that the appellant has gifted his rights in the subject property to his children. Only thereafter, the present application has been filed.
3. As the appellant, while filing the appeal, has suppressed the fact that he had executed the Gift Deed in respect of the subject property in favour of his sons and daughters and that he ceased to have right, title and interest in the property from 5th January 2019, the appeal, at the instance of the appellant, cannot be entertained. If the present applicants have a cause of action to challenge the impugned order of the learned Single Judge, they can always prefer a fresh appeal along with application for condonation of delay and application for leave.
4. Accordingly, we pass the following order:
(i) The appeal is disposed of in view of the execution of the Gift Deed by the appellant on 5th January 2019;
(ii) I.A.No.5/2019 is disposed of with liberty to the applicants to prefer an appeal along with application for condonation of delay and application for leave. All objections of the respondents are kept open;
(iii) The pending interlocutory applications do not survive and are accordingly disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv