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NC: 2024:KHC:34291
MSA No. 17 of 2015 C/W MSA.CROB No. 2 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
MISCELLANEOUS SECOND APPEAL NO. 17 OF 2015 (RO)
C/W
MSA CROSS OBJECTION NO. 2 OF 2016
IN MSA NO.17/2015
BETWEEN:
B. GANGAPPA,
S/O BABANNA,
RETIRED RAILWAY EMPLOYEE,
AGED ABOUT 69 YEARS,
R/O SUBASHNAGARA,
KADUR TOWN,
KADUR TALUK-577 548 …APPELLANT
(BY SRI. NITHIN GOWDA K. C., ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
AND:
1. LATE K.R. SIDDARAMAIAH
S/O LATE GAVIRANGAPPA
AGED ABOUT 83 YEARS
R/O SIDDANAYAKANA BEEDHI
KADUR TOWN, KADUR TALUK,
CHIKMAGALUR DISTRICT-577 548,
CHIKKAMAGALURU
DEAD BY LR'S
1(A). K S REVANNA
S/O LATE SIDDARAMAIAH
AGED ABOUT 47 YEARS
R/@ SIDDANAYAKANA BEEDHI
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KADUR TOWN KADUR TALUK
CHIKKAMAGALURU DISTRICT-577 458
CHIKKAMAGALURU
1(B). SMT PARVATHI @ BABY @ HEMALATHA AGED ABOUT 35 YEARS W/O JAGADEESHA
OCC: TEACHER
R/@ AGRAHARA EXTENSION,
BANAVARA POST, ARASIKERE TALUK,
HASSAN DISTRICT-573103
1(C). SMT. NETHRAVATHI
AGED ABOUT 39 YEARS
W/O TULASIDAS
R/@ & POST SOLLAPURA,
HIRENALLURU KADUR TALUK
CHAIKKAMAGALURU DISTRICT-577 458
2. K.R. RAMESHA
S/O K.R. SIDDARAMAIAHA
AGED ABOUT 56 YEARS.
3. K.S. SRINIVASA
S/O K.R. SIDDARAMAIAHA
AGED ABOUT 52 YEARS
4. K.S. RANGANATHA
S/O K.R. SIDDARAMAIAHA
AGED ABOUT 50 YEARS
5. K.S. VENKATESHA
S/O K.R. SIDDARAMAIAHA
AGED ABOUT 47 YEARS.
RESPONDENTS NO.2 TO 5 ARE
R/O SIDDANAYAKANA BEEDHI,
KADUR TOWN, KADUR TALUK
CHIKMAGALUR DISTRICT-577 548 …RESPONDENTS
(BY SRI. D. NAGARAJ, ADVOCATE FOR R1(1-4) & R2 TO R5)
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THIS MSA IS FILED U/ORDER 43 RULE 1(u) OF CPC,
AGAINST THE JUDGEMENT AND DECREE DATED 2.2.2015
PASSED IN R.A.No.21/2011 ON THE FILE OF SENIOR CIVIL
JUDGE AND JMFC, KADUR, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGEMENT AND DECREE DATED
3.7.2010 PASSED IN O.S.No.108/2006 ON THE FILE OF I
ADDITIONAL CIVIL JUDGE AND JMFC, KADUR, REMANDING
BACK THE SUIT TO THE TRIAL COURT WITH DIRECTION
IN MSA CROB.NO.2/2016
BETWEEN:
SRI. K.R. SIDDARAMAIAH
S/O LATE GAVIRANGAPPA
AGED ABOUT 79 YEARS,
SINCE DEAD BY LEGAL HEIRS
ARE 1 TO 6
1. SRI K.S. RAMESHA
S/O SRI. K.R. SIDDARAMAIAH,
AGED ABOUT 57 YEARS
2. SRI K.S. SRINIVASA
S/O SRI. K.R. SIDDARAMAIAH,
AGED ABOUT 53 YEARS
3. SRI K.S. RANGANATHA
S/O SRI. K.R. SIDDARAMAIAH,
AGED ABOUT 51 YEARS
4. SRI. K.S. VENKATESHA
S/O SRI. K.R. SIDDARAMAIAH,
AGED ABOUT 48 YEARS
ALL ARE RESIDING AT
SIDDANAYAKANA BEEDHI,
KADUR TOWN, KADUR TALUK,
CHIKMAGALUR DISTRICT 577548.
…CROSS OBJECTORS
(BY SRI. D. NAGARAJ, ADVOCATE)
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AND:
SRI. B. GANGAPPA
S/O SRI. BABANNA,
AGED ABOUT 69 YEARS,
R/O SUBASHNAGARA,
KADUR TOWN,
KADUR TALUK,
CHIKMAGALUR DISTRICT-577 548 …RESPONDENT
(BY SRI. NITHIN GOWDA K. C., ADVOCATE FOR
SRI. P. PRASANNA KUMAR, ADVOCATE)
THIS MSA.CROB IN MSA IS FILED UNDER ORDER XLI
RULE 22 R/W ORDER 43 RULE 1(u) OF CPC., AGAINST THE
JUDGMENT AND DECREE DATED 02.02.2015 PASSED IN RA
NO.21/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
JMFC., KADUR, ALLOWING THE APPEAL AND SETTING ASIDE
THE JUDGMENT AND DECREE DATED 03.07.2010 PASSED IN
OS NO.108/2006 ON THE FILE OF THE 1ST ADDL. CIVIL JUDGE
AND JMFC., KADUR. REMANDING BACK THE MATTER TO THE
TRIAL COURT TO DETERMINE THE SUIT AFRESH IN
ACCORDANCE WITH LAW.
THIS MSA AND MSA.CROB, COMING ON FOR ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE V SRISHANANDA
ORAL JUDGMENT
Joint memo is filed by the parties. Joint memo reads as under:
"The learned counsel for the appellant and the respondents herein jointly submits that this Hon'ble Court be pleased to dispose of the aforesaid Miscellaneous Second Appeal directing the Trial Court to dispose of the original suit in O.S.No.108/2006 within a period of 6 months by giving opportunity to both the parties to lead further evidence, if any, and to produce documentary evidence, if any, and with liberty to seek appointment of commission i.e.,
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Assistant Director of Land Records to identify and demarcate the survey boundary line in between Sy.No.120 and 128 and to identify the suit schedule property as claimed by the plaintiffs, whether it falls within Sy.No.120 and 128 in the interest of justice and equity."
Placing the joint memo on record, appeal and cross objection are disposed of.
The suit in O.S.No.108/2006 is to be tried afresh in accordance with law as per the directions issued by the First Appellate Court.
Having regard to the fact that suit is of the year 2006, learned Trial Judge shall best owe his best attention to dispose of the suit as early as possible but not later than 20.12.2024.
Needless to emphasize that parties shall cooperate for the early disposal of the suit.
Parties shall appear before the Trial Court positively without further notice on 31.08.2024.
Sd/-
(V SRISHANANDA)
JUDGE
KAV/List No.: 1 Sl No.: 0
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