IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA REGULAR SECOND APPEAL No.711 OF 2018 (Par) BETWEEN:
1. SRI R.NARAYANA, S/O LATE RAMAIAH AGED ABOUT 88 YEARS.
2. SRI N.CHELUVARAJU, S/O R.NARAYANA AGED ABOUT 49 YEARS.
3. SRI N.KUMAR, S/O R.NARAYANA AGED ABOUT 47 YEARS.
ALL ARE RESIDENTS OF R/O # 228, CH-46, 7TH MAIN, 5TH CROSS, SARASWATHIPURAM, CHAMARAJAMOHALLA, MYSURU – 570 009.
4. SMT.TULASIRAMA @ GEETHA, AGED ABOUT 58 YEARS, D/O R.NARAYANA, RESIDING AT # 1667, 4TH CROSS, HOSAKERI, SEETARAM ROAD – 570 009, K.R.MOHALLA, MYSURU. ...APPELLANTS (BY SRI NATARAJA BALLAL, ADVOCATE) AND:
1. MASTER ROHAN AGED ABOUT 16 YEARS, S/O N.CHELUVARAJ, REPRESENTED BY GUARDIAN MOTHER, SMT. K. DEEPIKA @ PALLAVI, 2. SMT. K.DEEPIKA @ PALLAVI, AGED ABOUT 33 YEARS, W/O N.CHELUVARAJ, RESPONDENTS 1 AND 2 ARE RESIDING AT #664, 4TH CROSS, KUMBARAGERI, CHAMARAJA MOHALLA, MYSURU-570 009. ...RESPONDENTS (BY SRI K.R.SATHISH, ADVOCATE FOR C/R1 AND R2) THIS RSA FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 01.02.2018 PASSED IN R.A.NO.231/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 01.09.2017 PASSED IN FDP.NO.79/2011 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, AND CJM., MYSURU. ALLOWING THE PRESENT PETITION FILED UNDER ORDER 20 RULE 18 R/W SEC.54 OF CPC., FOR DRAWING UP A FINAL DECREE.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T Respondents No.1 to 4 in F.D.P.No.79 of 2011 on the file of Principal Senior Civil Judge, Mysuru has come up in this second appeal impugning the drawing up of final decree in the Final Decree Proceedings, which is confirmed by the lower appellate court in R.A.No.231 of 2017. Admittedly, the appellants herein who are petitioners in F.D.P.No.79 of 2011 are plaintiffs in O.S.No.122 of 2010 which was filed by them for the relief of partition and separate possession of their share in the suit schedule properties. The said suit was decreed on contest by judgment and decree dated 07.06.2011 wherein half share was granted to the plaintiffs in a share of their father, second defendant in the original suit. The said judgment and decree in O.S.122 of 2010 is not challenged by them and they have immediately initiated final decree proceedings by filing F.D.P.No.79 of 2011 wherein the final decree was drawn identifying the share of the petitioners in the suit schedule properties, which is not accepted by the petitioners. Hence, they preferred an appeal in R.A.No.231 of 2017 challenging the manner in which the properties are divided. However, the appeal file by them in R.A.No.231 of 2017 is also dismissed by judgment dated 01.02.2018. Hence, this second appeal is filed.
2. When this matter is taken up for admission, learned counsel appearing for the respondents would bring to the notice of this Court that the judgment and decree passed by the court below has already attained finality in F.D.P. proceedings and final decree is also drawn. The same was given effect by registering the properties to the allottees. Therefore, the present second appeal filed by the petitioners in F.D.P.No.79 of 2011 does not survive for consideration. Accordingly, the second appeal is dismissed.
Sd/- JUDGE dh