Dismissed

Smt P S Nirmla v. Sri v v Venkatesh Murthy

Karnataka HC3 Mar 2021RSA/1087/2017

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed appeals filed under Section 100 of CPC under which the lower appellate court had dismissed appeals and confirmed judgments and decrees, but granted liberty to the appellants to file a suit for declaration of title to the suit property.

What did the court decide?

Appeals dismissed with liberty to file a suit for declaration of title to the suit property.

Smt P S Nirmla Vs Sri v v Venkatesh Murthy — Partition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF MARCH, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY

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R.S.A. NO.1087 OF 2017 (INJ)

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C/W

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R.S.A. NO.1088 OF 2017 (INJ)

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BETWEEN:

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SMT. P.S. NIRMLA AGED 65 YEARS, D/O LATE SRI V.K.PURUSHOTHMA SHETTY, W/O P.S.SATHYANARAYANA GUPTA

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SRI. P.S. SATHYANARAYANA GUPTA AGED 70 YEARS, S/O LATE SRI. SUNDARA SHETTY

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BOTH ARE R/AT RATHA BEEDI, KUSHALNAGAR TOWN, SOMWARPET TALUK, KODAGU DIST.

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...APPELLANTS

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(COMMON)

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(BY SRI. S. RAJASHEKAR, ADVOCATE)

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AND:

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SRI. V.V. VENKATESH MURTHY S/O LATE V.K. VENKATASUBBA SHETTY, AGED 56 YEARS, R/O RATHA BEEDHI, KUSHALNAGARTOWN, SOMWARPET TALUK, KODAGU DISTRICT.

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V.V. VIVEK S/O LATE V.V.VENKATESH MURTHY AGED: MAJOR

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V.V.VYSHYAK S/O LATE V.V.VENKATESH MURTHY AGED: MAJOR BOTH R/AT S.V.ELECTRICALS, RATHA BEEDHI, KUSHALNAGAR TOWN, SOMWARPET TALUK, KODAGU DISTRICT.

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…RESPONDENTS (COMMON)

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[BY SRI. K.S. MALLIKARJUNAIAH, ADVOCATE (THROUGH VC)]

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R.S.A. NO.1087/2017 IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2017 PASSED IN R.A. NO.3/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMWARPETE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.11.2012 PASSED IN O.S.NO.94/2001 ON THE FILE OF THE CIVIL JUDGE, & J.M.F.C., SOMWARPETE.

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R.S.A. NO.1088/2017 IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2017 PASSED IN R.A. NO.4/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMWARPETE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.11.2012 PASSED IN O.S.NO.94/2001 ON THE FILE OF THE CIVIL JUDGE, & J.M.F.C., SOMWARPETE.

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THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THIS COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The learned counsel for appellants in both these appeals submit that the appellants may be granted the liberty to file a suit for declaration of title to the suit property. It is needless to mention that if the plaintiff is able to establish his title over the suit property in a properly instituted suit, the same would be considered in

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accordance with law, subject of course to the law of limitation.

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In that view of the matter, these appeals are dismissed with liberty to the appellants to file an appropriate suit for declaration of title to the suit property, in accordance with law.

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All contentions are left open.

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Sd/JUDGE

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hnm

Smt P S Nirmla v. Sri v v Venkatesh Murthy

Case brief

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Smt P S Nirmla v. Sri v v Venkatesh Murthy

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