IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR M.S.A.No.27/2017 BETWEEN 1.SRI.R.PRABHAKAR, AGEED ABOUT 59 YEARS, S/O LATE A. RAMARAJ, 2.SRI. R. VARADA RAJU AGED ABOUT 55 YEARS, S/O LATE A.RAMARAJ 3.SRI. R. ANAND ARAJU AGED ABOUT 49 YEARS S/O LATE A. RAMARAJ APPELLANTS 1, 2 AND 3 ARE RESIDING AT NO.94/1, RAJUPALYA, HOODI, BANGALORE 560048.
(By Sri : SHIVAKUMAR U, ADVOCATE) AND 1.SRI ASHOK KUMAR, AGED ABOUT 50 YEARS, 2.SRI. ANOOP KUMAR AGED ABOUT 45 YEARS ... APPELLANTS S/O LATE KRISHNAPPA, BOTH ARE RESDING AT HOODI, K.R.PURAM HOBLI, BENGALURU EAST TALUK BENGALURU 560048 3.SRI. HANUMANTHAPPA, S/O LATE MUNI REDDY, (SINCE DEAD REPTD BY LRS) 3(A) SMT. PUTTAMMA D/O LATE HANUMANTHAPPA AGED ABOUT 60 YEARS 3(B).SRI. SUBRAMANI S/O LATE HANUMANTHAPPA AGED ABOUT 56 YEARS 3(C).SRI. NAGARAJU S/O HANUMANTHAPPA AGED ABOUT 51 YEARS ALL 3(A) TO 3(C) ARE RESDING AT HOODI VILLAGE, K.R. PURAM HOBLI, BANGALORE 560066.
4.SRI. VEERAPPA, SINCE DEAD REPRESENTED BY HIS LRS, 4(A) SRI. ANNAIAH REDDY, AGED ABOUT 54 YEARS, SON OF LATE VEERAPPA, 4(B).SRI. MUNIREDDY AGED ABOUT 52 YEARS SON OF LATE VEERAPPA 4(C).SRI SRINIVASA REDDY AGED ABOUT 46 YEARS SON OF LATE VEERAPPA 4(D).SRI CHANDRASHEKARA REDDY AGED ABOUT 44 YEARS SON OF LATE VEERAPPA 4(E) SRI ANANDA REDDY AGED ABOUT 40 YEARS SON VEERAPPA 4(F).SRI LAKSHMINARAYANA REDDY AGED ABOUT 38 YEARS S/O LATE VEERAPPA 4(G) SMT NANJAMMA AGED ABOUT 58 YEARS D/O LATE VEERAPPA 4(H).SMT SUDHA AGED ABOUT 34 YEARS D/O LATE VEERAPPA ALL 4(A) TO 4(H) ARE RESIDING AT HOODI VILLAGE, K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-560 066.
5.SRI JAYARAMA REDDY AGED ABOUT 72 YEARS SON OF LATE DODDATHAYAPPA 6.SRI NARAYANA REDDY AGED ABOUT 63 YEARS SON OF LATE DODDATHAYAPPA BOTH ARE RESIDING AT HOODI MAIN ROAD, OPP OLD CMC OFFICE, MAHADEVAPURA, K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-560 048.
7. SRI PRABHAKARA REDDY, AGED ABOUT 63 YEARS, S/O CHIKKAVEERAPPA, 8.SRI MUNI REDDY, AGED ABOUT 58 YEARS, S/O SHAMANNA REDDY, 9.SRI ANADA REDDY, AGED ABOUT 54 YEARS, S/O NANJUNDA REDDY, 10.SRI NARAYANA REDDY, AGED ABOUT 52 YEARS, S/O SHAMANNA REDDY, RESPONDENTS 7 TO 10 ARE RESIDING AT HOODI VILLAGE, K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-560 048.
11.SMT RATHNA, AGED ABOUT 50 YEARS W/O SRI NARAYANA REDDY, RESIDING AT OPP: OLD CMC OFFICE, MAHADEVAPURA, K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE – 560048.
12.SRI NAYADU CHANDRASHEKARA REDDY, AGED ABOUT 50 YEARS, S/O SUBBA RAMI REDDY 13.SRI GANDVARAPU ADHISHESHA REDDY, AGED ABOUT 45 YEARS, SON OF SRI SUBBA RAMI REDDY, RESIDING AT THOTA PALLI, GUNDUR MANDALAM CHITTUR DISTRICT - 505530 ANDRA PRADESH 14.SRI SRIDHARAN, AGED ABOUT 45 YEARS, S/O LATE RIAKER, 15.SMT SUGUNAMMA, AGED ABOUT 53 YEARS, W/O VIJAYAKUMAR, 16.SMT REKHA @ SUMATHI H K, AGED MAJOR W/O JANARDHAN REDDY, RESPONDENTS 14 TO 16 RESIDING AT NO 41, B K LAYOUT, MAHADEVAPURA, WHITEFIELD ROAD, BANGALORE - 560048 17.SMT VINUTHA H K, AGED ABOUT 40 YEARS, W/O THYAGARAJU, 18.SMT ASHA H K, AGED ABOUT 38 YEARS, W/O RADHAKRISHNA, BOTH RESPONDENTS 17 AND 18 ARE RESIDING AT NO.222, NEAR CHOWDESWARI TEMPLE STREET, YAMALUR VILLAGE AND POST, BANGALORE - 560037 19.SMT CHINNAMMA AGED ABOUT 80 YEARS W/O SHAMANNA REDDY R/AT KODATHI VILLAGE VARTHUR HOBLI, CARMERLLARAM POST, BANGALORE - 560035 20.SMT KANTHAMMA, AGED ABOUT 40 YEARS, WIFE OF VEERA REDDY, D/O HANUMANTHAPPA R/AT 221, VENKATAREDDY BUILDING, 13TH CROSS, 6TH MAIN, N S PALYA, BTM 2ND STAGE, BANGALORE – 560076.
21.SMT PADMA, AGED ABOUT 40 YEARS, D/O HANUMANTHAPPA, R/AT KODATHI VILLAGE, CARMAELLARAM POST, BANGALORE SOUTH TALUK BANGALORE - 35 22.SRI S SANTOSH KUMAR S/O PROF.SHANMUGHAM GOVINDANAN AGED ABOUT 35 YEARS, R/AT NO 10, ROHIT NIVAS - I BLOCK III CROSS, AYYAPPA NAGAR, K R PURAM, BANGALORE – 560036.
23.SMT VASANTHA JAYARAMAN, AGED ABOUT 64 YEARS, W/O SRI JAYARAMAN K, R/AT NO 706, H BLOCK, GOPALAN GRANDEUR APARTMENTS, 7TH FLOOR, HOODI CIRCLE, BANGALORE – 560048.
24.SRI G SURESH, S/O V GOVINDASWAMY AGED ABOUT 33 YEARS, R/AT NO 14, 8TH CROSS, SAKTHINIALAYAM, INDIRA GANDHI STREET, UDAYANAGAR EXTENSION, BANGALORE - 560016 25.SRI M NARENDRA, AGED ABOUT 28 YEARS, S/O L MARUTHU, R/AT NO 38, I FLOOR, 7TH CROSS, LAXMILAYOUT, MUNNEKOLALA, BANGALORE - 560037 26.SMT B SUNITHA MURTHY, AGED ABOUT 45 YEARS, D/O B RAMA MURTHY, R/AT NO B-13, 2ND BLOCK, BEML OFFICERS QUARTERS NEW THIPPASANDRA, BANGALORE - 560075 27. DR.ANITHA SAXENA, W/O DR RAJEEV LOCHAN SAXENA, AGED ABOUT 45 YEARS, R/AT NO 424, ISMAIL CHOWK, NAYAPURA KOTA, RAJASTHAN – 324001.
28.RAMESH ANEKERE SUBBANNA, AGED ABOUT 55 YEARS, SON OF SUBBARAO ANEKERE SUBBANNA, R/AT NO 114, SURSHTI 8TH MAIN, V R LAYOUT, MATHIKERE, BANGALORE – 560054.
29.SMT SHASHIKALA S., AGED ABOUT 48 YEARS, W/O RAMESH ANEKERE SUBBANNA, R/AT NO 114, SURSHTI 8TH MAIN, V R LAYOUT, MATHIKERE, BANGALORE – 560054.
30.SRI ASHISH KUMAR, AGED ABOUT 38 YEARS, S/O CHHOTEY LAL, R/AT NO 719, 9TH CROSS, 10TH A MAIN, 2ND STAGE, INDIRANAGAR, BANGALORE - 560038 31.PREETHI PRABHAKARAN NAMBIAR, D/O PRABHAKARAN NAMBIAR, AGED ABOUT 33 YEARS, R/AT KALIYATH, MANDUR POST, KANNUR DISTRICT-670501 KERALA STATE 32.R.NOEL ANAND RAJ, AGED ABOUT 33 YEARS, D/O A RAYAPPAN, R/AT PLOT NO.121, MAITHRI LAYOUT, HOPE FARM SQ, WHITEFIELD, BANGALORE-560066.
33.SRI A NIRMALAN, AGED ABOUT 32 YEARS, S/O A ARMUGHAM, R/AT FLAT NO.T-5, H.V.RESIDENCY, VINAYAKA LAYOUT, T.C.PALYA, BANGALORE-560049.
34.SRI ALOK KUMAR, AGED ABOUT 30 YEARS, S/O SHIV KUMAR SINGH, R/AT NO.35, 2ND CROSS, SAI BABA LAYOUT, KODIGEHALLI MAIN ROAD, K.R.PURAM, BANGALORE-560036.
35.SMT V PREMA, AGED ABOUT 42 YEARS, W/O H.V.JANARDHAN, R/AT NO.2259, 4TH A CROSS, I MAIN ROAD, VIJAYANAGAR 2ND PHASE, BANGALORE-560040.
36.SRI T S MANOHAR, AGED ABOUT 35 YEARS, S/O SELVARAJ, R/AT NO.4, MUKTHA NIRMAN APARTMENT, BLOCK-D, 2ND FLOOR, LAKSHMI NAGAR, PORUR, CHENNAI-600116.
37.Y V SIVARAM MURTHY, AGED ABOUT 47 YEARS, S/O LATE Y KISHORE MURTHY, R/AT NO.G-302, MANTHRI PARADISE, BANNERGHATTA ROAD, AREKERE, BANGALORE-560076.
38.SRI SANDEEP MATHUR, AGED ABOUT 35 YEARS, S/O P.S MATHUR, R/AT NO.719, 9TH CROSS, 10TH ‘A’ MAIN, INDIRANAGAR II STAGE, BANGALORE-560038 39.SRI G MURALI MOHAN, AGED ABOUT 40 YEARS, A/O LATE G.P GOVINDAHAIAH, R/AT NO.B-7, IST BLOCK, BEML OFFICERS QUARTERS, NEW THIPPASANDRA POST, BANGALORE-560075.
40.SRI DARSHAN MAHENDRA KUMAR VORA, AGED ABOOUT 35 YEARS, S/O MAHENDRA KUMAR VORA, R/AT NO.32, 2ND FLOOR, 9TH MAIN, NEW THIPPASANDRA, HAL III STAGE, BANGALORE-560075.
41.SRI GOPALAKRISHNA S, AGED ABOUT 32 YEARS, SON OF G SWAMINATHAN, R/AT NO /2, GOVARDHAN REDDY APARTMENTS, 1ST CROSS, HOODI MAIN ROAD, HOODI, BANGALORE – 560048.
42.SRI C GANESH BABU, AGED ABOUT 32 YEARS, SON OF SRI CHANDRASHEKARA, R/AT NO 273, “MANDARA”, PORTION OF 2ND FLOOR, 4TH ‘A’ CROSS, UDAYANGAR, DOORVANINAGAR POST, BANGALORE – 560016.
43.SRI RAVI R., AGED ABOUT 34 YEARS, S/O C RANGARAJU, R/AT NO 7, SEETHI BYRAVESHWARA NILAYA CAUVERY LAYOUT, 1ST CROSS, MARATHALLI BANGALORE - 560037 44.SMT RAJALAKSHMI N, AGED ABOUT 30 YEARS, W/O RAVI R R/AT NO.7, SEETHI BYRAVESHWARA NILAYA, CAUVERY LAYOUT, 1ST CROSS, MARATHALLI, BANGALORE - 560037 45.SRI B Y SIVA PRASADA RAO, AGED ABOUT 36 YEARS, S/O LALITHESWARA RAO, 46.SMT. K HEMALATHA, AGED ABOUT 33 YEARS, BOTH RESPONDENTS 45 AND 46 ARE R/AT NO. 148, 1ST CROSS, MALLAPPA LAYOUT, UDAYANAGAR, DOORAVANI NAGAR POST, BANGALORE - 560 016.
47.SMT. RANJITHA PRASANNA, AGED ABOUT 30 YEARS, W/O PRASANNA KUMAR K.V., R/AT NO. 758, 1ST FLOOR, ASHWANTHAREDDY NILAYA, GANGAMMA TEMPLE STREET, HOODI RAJ PALYA, BANGALORE - 560 048.
48.SRI S SURESH KANNAN, AGED ABOUT 32 YEARS, S/O K. SANTHANA KRISHNAN, 49.SMT. V NITHYA, AGED ABOUT 28 YEARS, W/O SURESH KANNAN, BOTH 48 AND 49 ARE R/AT NO. 1126/1, FLAT NO.B-1, II FLOOR, 4TH MAIN, 4TH CROSS, ‘D’ BLOCK, AECS LAYOUT, KUNDANAHALLI, BANGALORE - 560 037.
50.SRI S SANTOSH KUMAR, AGED ABOUT 20 YEARS, S/O B SIVABALAN, R/AT FLAT NO. 306, SHANGRILLA BLOCK, MEGHANA PARADISE APARTMENT, NAGAVARAPALYA MAIN ROAD, C.V.RAMAN NAGAR POST, BANGALORE - 560 093.
51.SRI BHASKAR P, AGED ABOUT 34 YEARS, S/O PAKIRISWAMY R, R/AT 346, 11TH STREET, AMARA JYOTHI ENGLISH SCHOOL ROAD, DEVASANDRA, K.R.PURAM, BANGALORE - 560 036.
52.SRI GNASEKARAN BALASUBRAMANAIN AGED ABOUT 32 YEARS, S/O BALASUBRAMANAIN, R/AT 25, MAYUR PARADISE, NO. 106, RAMAR TEMPLE ROAD, NEW THIPPASANDRA, BANGALORE - 75.
53.SRI G RAMACHANDRAPPA, AGED ABOUT 52 YEARS, S/O LATE SRI GOPALAPPA, R/AT 27, KUSHAL LAYOUT, C.V.RAMAN NAGAR POST, KAGGADASAPURA, BANGALORE - 560 093.
54.SRI THIPPANNA B M, AGED ABOUT 48 YEARS, SON OF MOTAPPA, R/AT NO.30, KUSHAL LAYOUT, C.V.RAMAN NAGAR POST, KAGGADASAPURA, BANGALORE-560093.
55.SRI BURUGUPALLAI SRINVIAS AGED ABOUT 43 YEARS, SON OF B.JAGANNAYAKALU, R/AT NO.G-2,GROUND FLOOR, GAAGAJE ENCLAVE, BASAVANNA NAGAR MAIN ROAD, S.V.LAYOUT, HOODI, BANGALORE-560048.
56.SMT MUNITHAYAMMA W/O GULLAREDDY, AGED ABOUT 75 YEARS, R/AT NO 349, 2ND CROSS, KITTANNA HOTEL ROAD, ANNASANDRAPALYA HAL POST, BANGALORE 560017.
57.SMT UMASHANKAR, S/O GULLAREDDY, AGED ABOUT 48 YEARS, OPP TO GOVT.HIGH SCHOOL, HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE-560017.
58.SMT SARASWATHI, D/O GULLAREDDY, AGED ABOUT 42 YEARS, R/AT NO.349, 2ND CROSS, KITTANNA HOTEL ROAD, ANNASANDRAPALYA HAL POST, BANGALORE-560017.
59.SRI RADHA KRISHNA, S/O GULLAREDDY, AGED ABOUT 48 YEARS, OPP TO GOVT.HIGH SCHOOL HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE-560048.
60.SMT BHAGYALAKSHMI, D/O GULLAREDDY, AGED ABOUT 48 YEARS, OPP TO GOVT.HIGH SCHOOL HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE-560048.
61.SRI PREMKUMAR, S/O H.T.THIMMAREDDY, AGED ABOUT 40 YEARS, 62.SMT SHOBHA, D/O H.T.THIMAREDDY, AGED ABOUT 38 YEARS, 63.SMT ARUNA, D/O H.T.THIMA REDDY, AGED ABOUT 36 YEARS, DEF/RES 61 TO 63 ARE RESIDING AT SRINIVAS FLOOR MILL ROAD HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE-560048.
64.SMT.PANKAJA W/O LATE H.T.VENKATESH REDDY, AGED ABOUT 52 YEARS, 65.SRI.PUNITH, S/O H.T.VENKATESH REDDY, AGED ABOUT 25 YEARS, RES.NO.64 AND 65 ARE RESIDING AT OPP:TO GOVT HIGH SCHOOL HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE-560 048.
66.SMT.SOUMYA, D/O H.T.VENKATESH REDDY, W/O SRI.MANJUNATHA REDDY @ BABU, AGED ABOUT 31 YEARS, 67.SMT.GOWRAMMA, D/O LATE SMT.PILLAKKA AND LATE SRI CHIKKATHAYAPPA, W/O JAYARAMA REDDY, AGED ABOUT 55 YEARS, RES.NO.67 AND 68 ARE R/AT FLAT NO.101, 2ND FLOOR, CRS ASTER APARTMENT, VIJAYA BANK COLONY, DODDABANASAVADI, BANGALORE-560 043.
68.SMT.LAKSHMI, GRAND DAUGHTER OF OBAMMA, W/O LATE RAGHURAM REDDY D/O APPAJAREDDY AGED ABOUT 50 YEARS, 69.SMT.SHANTHA, GRAND DAUGHTER OF OBAMMA, W/O LATE RAGHURAM REDDY, D/O APPAJAREDDY, AGED ABOUT 48 YEARS, 70.SMT.SARASWATHI, GRAND DAUGHTER OF OBAMMA, W/O LATE RAGHURAM REDDY, D/O APPAJAREDDY, AGED ABOUT 46 YEARS, 71.SMT.ANITHA, GRAND DAUGHTER OF OBAMMA, W/O LATE RAGHURAM REDDY, D/O APPAJAREDDY, AGED ABOUT 42 YEARS, 72.SRI RAJAPPA @ RAJU GRAND DAUGHER OF OBAMMA, W/O LATE RAGHURAM REDDY D/O APPAJAREDDY, AGED ABOUT 42 YEARS RESPONDENTS 68 TO 72 ARE R/AT MADHURANAGARA DINNE NEKKUNDI, DOMMASANDRA VILLAGE, MUTHUSANDRA POST, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE-560 087.
73.SMT BHAGHYAMMA, W/O MUNIYAMMA, D/O OBAMMA, AGED ABOUT 55 YEARS R/AT 9TH CROSS, BELLENDUNURE VILLAGE AND POST, OUTER RING ROAD, VARTHUR HOBLI, BANGALORE-560 066 74.SRI MUNIREDDY, S/O LATE OBAMMA AND LATE CHINNAPPA REDDY, AGED ABOUT 58 YEARS, R/AT HARALURU VILLAGE AND POST OUTER RING ROAD, VARTUTRU HOBALI, BANGALORE-560 066.
75.SMT ANITHA, W/O PREMKUMAR, D/O SMT SHARADAMMA @ AMMAKKA AND VENKATASWAMY REDDY, AGED ABOUT 34 YEARS R/AT SRINIVAS FLOOR MILL ROAD HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE-560 048 76.SMT SAVITHA, W/O DEEPAK KUMAR, D/O SMT SHARADAMMA @ AMMAKKA AND VENKATASWAMY REDDY, AGED ABOUT 33 YEARS 77.SMT KAVITHA, W/O HARISH KUMAR D/O SMT SHARADAMMA @ AMMAKKA AND VENKATASWAMY REDDY, AGED ABOUT 33 YEARS BOTH RESPONDENTS 76 AND 77 ARE R/AT CARE OF VENKATAREDDY NEAR GRAVEYARD AND BEHIND NURSERY KADATHI VILLAGE, CARMELRAM POST, VARTHUR HOBLI, BANGALORE-560 066 78.SRI NAYADU PRASANAKUKMAR REDDY, S/O CHANDRASHEKAR REDDY, AGED ABOUT 47 YEARS 79.SRI NAYADU PRADEEP KUMAR REDDY S/O CHANDRASHEKAR REDDY, AGED ABOUT 45 YEARS 80.SRI NAYADU RAGHUMAMIREDDY S/O SUBBARAMI REDDY, AGED ABOUT 65 YEARS 81.SRI. NAYADU PRADEEP KUMARREDDY S/O RAMASUBBA REDDY, AGED ABOUT 47 YEARS 82.SRI. NAYADU VENKATA REDDY S/O LATE ADISHESHA REDDY AGED ABOUT 57 YEARS 83.SMT. NAYADU VENKATA SUBBAMMA W/O LATE ADISHESHA REDDY AGED ABOUT 85 YEARS 84.SMT. CHERLO PRASUNAMMA W/O RADHAKRISHNA REDDY AGED ABOUT 65 YEARS 85.SMT. REBELA PARVATHI D/O SHIVAKUMAR REDDY AGED ABOUT 34 YEARS 86.SMT. REBELA GIRIJAMMA S/O SHIVAKUMAR REDDY, AGED ABOUT 55 YEARS 87.SRI. NAYADU VENKATA REDDY S/O LATE ADISHESHA REDDY AGED ABOUT 57 YEARS 88.SMT. RUNGAMURU KOUSALYAMMA W/O CHANDRASHEKAR REDDY AGED ABOUT 65 YEARS 89.SRI. REBALA SHANKARA REDDY W/O SHIVAKUMAR REDDY AGED ABOUT 39 YEARS 90.SRI CHERLOSUBBA REDDY S/O RADHAKRISHNA REDDY AGED ABOUT 45 YEARS 91.SRI CHERLO LACHA REDDY S/O RADHAKRISHNA REDDY AGED ABOUT 43 YEARS 92.SRI CHERLO KOTA REDDY S/O RADHAKRISHNA REDDY AGED ABOUT 41 YEARS 93.SRI MUNGAMURU BALAKRISHNA REDDY S/O CANDRASHEKAR REDDY AGED ABOUT 41 YEARS 94.SRI MUNGAMURU SHIVAKUMAR REDDY S/O CANDRASHEKAR REDDY AGED ABOUT 42 YEARS 95.SRI NAYADU BHASKAR REDDY S/O KRISHNA REDDY AGED ABOUT 73 YEARS 96.SRI NAYADU SUDHAKAR REDDY S/O BHASHKAR REDDY AGED ABOUT 39 YEARS 97.SRI NAYADU PADMAJA D/O BHASKAR REDDY AGED ABOUT 44 YEARS 98.SRI NAYADU MASTAN REDDY S/O KRISHNA REDDY AGED ABOUT 75 YEARS 99.SRI GANDAVARAPU SHIVAKOTA REDDY S/O GANDAVARPU ADISHESHA REDDY AGED ABOUT 47 YEARS 100.SRI GANDAVARAPU RAMALINGA REDDY S/O SUBBIRAMI REDDY AGED ABOUT 87 YEARS 101.SRI GANDAVARAPU SRINIVASULU REDDY S/O JAYARAMI REDDY AGED ABOUT 51 YEARS 102.SMT GANDAVARAPU RAMANAMMA W/O JAYARAMI REDDY AGED ABOUT 65 YEARS 103.SMT GANDAVARAPU RAJESHWARAMMA D/O JAYARAMI REDDY AGED ABOUT 42 YEARS 104.SMT GANDAVARAPU PARAMESHWARAMMA D/O JAYARAMI REDDY AGED ABOUT 41 YEARS 105.SMT GANDAVARAPU KRISHNAVENNAMMA D/O ADISHESHA REDDY AGED ABOUT 51 YEARS 106.SMT GANDAVARAPU VIJAYAMMA D/O ADISHESHA REDDY AGED ABOUT 49 YEARS RESPONDENTS NO.78 TO 106 ARE R/A MACHERLAWARI PALEM VILLAGE, THOTAPALLI GUNDUM MANDALAM, NELLORE-505530 ... RESPONDENTS (By Sri : R.B.SADASIVAPPA, ADV. FOR R1, Sri : M.SUBRAMANI & SWAMY.K, ADV. FOR R1 & R3(A-C) Sri : LINGA REDDY FOR R4(B-H) M/s : GANDHI LAW CHAMBERS FOR R7 & R9 Smt: M.V.ANUPAMA, ADV. FOR R15-19 & R73 NOTICE TO R4(A), 5 AND 8 DISPENSED WITH V/O dt.12.12.2017 NOTICE TO R12-R106 IS DISPENSED WITH V/O dt.21.4.2017 R2, R6, R7, R9, R10, R11 ARE SERVED) MSA FILED UNDER ORDER XLIII RULE 1(a) OF CPC,1908 AGAINST THE JUDGMENT AND DECREE DATED 7.1.2017 PASSED IN RA NO.165/2015 ON THE FILE OF THE VII ADDL. DISTRICT AND SESSIONS JUDGE, BANGALORE RURAL DISTRICT, BANGALORE. ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER DATED 7.10.2015 PASSED ON IA NO.26 IN OS NO.2189/2006 ON THE FILE OF THE II ADDL. SR. CIVIL JUDGE, BANGALORE (R) DIST., BANGALORE. REMANDING THE MATTER BACK TO THE TRIAL COURT FOR FRESH TRIAL IN ACCORDANCE WITH LAW.
This Appeal coming on for orders this day, the Court delivered the following:
JUDGMENT Learned counsel for the first respondent has filed an application as per I.A.2/2017 for vacating stay. I have heard appellants’ counsel and respondents’ counsel on merits of the appeal itself.
2. Appellants are Defendants No.12, 13 and 14 in O.S.No.2189/2006 on the file of II Addl.Senior Civil Judge, Bengaluru Rural District, Bengaluru. Respondents 1 to 3 brought a suit for partition in respect of ten items of suit schedule properties belonging to Thimmarayappa. Respondents stated that they were not aware of the partition said to have taken place in the year 1959 and that they have legitimate share in the suit properties. These appellants made an application under Order 7 Rule 11 CPC seeking rejection of the plaint. The learned Trial Judge allowed the said application and rejected the plaint. Aggrieved by this order, respondents 1 to 3 herein filed an appeal in R.A.165/2015 to the District Court, Bengaluru Rural district. By order dated 07.01.2017, the learned VII Addl.District and Sessions Judge allowed the appeal, set- aside the order passed on application filed under Order 7 Rule 11 CPC and remanded the case to the Trial court for disposal by recording evidence. Aggrieved by this order, defendants 12 to 14 are before this court.
3. Learned counsel for the appellants argues that the respondents were aware of the partition that took place in the year 1959. Suppressing this partition, they filed a suit which is clearly barred by time. He also argues that according to Section 6 of the Hindu Succession Act, the suit is not maintainable as the partition had taken place before coming into force of the amendment brought to Section 6 of Hindu Succession Act. He submits that the Trial Court rightly allowed the application and rejected the plaint and that the first Appellate Court has committed error in setting aside the order passed by the Trial court. It is his further argument that the respondents have abused the process of court and law in bringing the suit for partition after lapse of so many years.
4. Learned counsel for first respondent argues that the first Appellate Court has rightly set-aside the order on the said application. The plaintiffs/respondents have clearly pleaded that the suit properties are joint family properties and it is for them to prove that there exists a joint family consisting of properties which can be partitioned. It is a question of fact to be established by the plaintiffs. Rejecting the plaint on the ground of limitation was not proper, as limitation is mixed question of fact and law. He submits that the first Appellate Court has rightly set aside the order passed by the Trial Court.
5. Learned counsel for R15 to R19 submits that the order passed by the first Appellate Court in remanding the case is proper as the question of limitation has to be decided only after recording the evidence in the facts and circumstances pleaded by the plaintiff.
6. I have perused the judgment passed by Trial court as well as the first Appellate Court. The Trial Court holds that the application under Order 7 Rule 11 CPC has to be decided only by considering the plaint averments.
Having held so, the Trial Court has further observed that since in the plaint it is clearly pleaded that the partition had taken place in the year 1959 and that it was also registered, it is clear that Thimmarayappa’s property was subjected to partition. This partition took place at the time when Thimmarayappa was alive, the plaint does not disclose cause of action to seek partition. It is also further observed that once the partition took place, the characteristics of joint family comes to an end and therefore the plaintiff cannot file a suit for partition.
7. The first Appellate Court has observed that the plaintiffs have mentioned about the partition that took place in the year 1959 and also state that the said partition was fraudulent act of defendants. Therefore, the first Appellate Court has observed that the truth in the averments made in the plaint cannot be examined upon in an application made under Order 7 Rule 11 CPC. It is further held that from the facts pleaded by the plaintiffs it is not possible to come to a conclusion that there is no cause of action and that it requires full fledged trial.
8. Upon perusing the order passed by the Trial Court and first Appellate Court, I am of the clear opinion that the first Appellate Court has not committed any error in setting aside the order passed by the Trial court on an application filed under Order 7 Rule 11 CPC. Plaintiffs claim that they have right to seek partition in the joint family property. It is true that partition had taken place in the year 1959 and they also state that it was the fraudulent act of some of the defendants. So fraud is a question of fact to be established by the plaintiffs. In these circumstances, the reasons given by the Trial Court for allowing the application under Order 7 Rule 11 CPC cannot be sustained. The first Appellate Court has clearly held that the facts pleaded by the plaintiff have to be established by adducing evidence. The contention taken by the appellants’ counsel that even according to Section 6 of the Hindu Succession Act the suit is not maintainable, cannot be accepted, because it is also a point to be examined by the Trial Court based on the evidence. Therefore, I come to the conclusion that this appeal deserves to be dismissed. Hence, the following:
ORDER Appeal is dismissed. No order as to costs.
Sd/- JUDGE DKB