Four regular second appeals were disposed of on the basis of an ex-parte ex-gratia settlement by the parties reached during the pendency of the proceedings. The court dismissed the appeals as withdrawn.
Regular second appeals dismissed as withdrawn due to out-of-court settlement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER 2021
BEFORE
THE HON’BLE MR. JUSTICE E.S.INDIRESH
R.S.A. No.698/2013 a/w
R.S.A. Nos.697/2013, 1073/2013 and 1074/2013
IN R.S.A. No.698/2013
BETWEEN:
PUTTAREVAMMA
AGED ABOUT 47 YEARS D/O CHIKKAMARIAH @ AMMAYAPPA R/AT GOLLARAPALYA HAMLET OF SHANUMANGALA BIDADI HOBLI, RAMANGARA TALUK AND DISTRICT -571 511.
... APPELLANT
(BY SRI. M S MUKARRAM, ADVOCATE)
AND:
DADAPPA @ CHOWDAPPA SINCE DECEASED BY HIS LRS
2
S/O LATE DADAPPA @ CHOWDAPPA
AGED ABOUT 64 YEARS
R2 TO 4 ARE RESIDING AT PICHAKUNTARAPALYA VILLAGE HAMLET OF SHANUMANGALA BIDADI HOBLI, RAMANGARA TALUK AND DISTRICT -571 511.
GUYYAPPA
SINCE DEAD BY HIS LRS.
3
AGED ABOUT 55 YEARS
R7 TO 9 ARE ALL R/AT PICHAKUNTARAPALYA VILLAGE HAMLET OF SHANUMANGALA BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT -571 511.
BHAGYA
SINCE DEAD BY HER LRS.
R10 TO 12 ARE R/AT PICHAKUNTARAPALYA VILLAGE SHANUMANGALA POST BIDADI HOBLI, RAMANGARA TALUK AND DISTRICT -571 511.
MARANNA SINCE DEAD BY HIS LRS
4
R13 TO 15 ARE R/AT CHANDRAPPA CIRCLE TAVAREKERE BENGALURU SOUTH TALUK BENGALURU-560 030.
19. PUTTASWAMY
5
S/O LATE CHOWDAPPA AGED ABOUT 51 YEARS R/AT HAMLET OF SHANUMANGALA BIDADI HOBLI RAMANAGARA TALUK AND DISTRICT-571 511.
... RESPONDENTS
(BY SRI S V PRAKASH, ADVOCATE FOR R1, R10, R12, R18 AND R19; SRI M SHIVAPRAKASH, ADVOCATE FOR R2 TO 4, R6, R13 AND R17; SRI K NARASIMHA MURTHY, ADVOCATE FOR R7 TO R9; SRI N SHIVAKUMAR, ADVOCATE FOR R14 TO 16; SRI P V CHANDRASHEKAR, ADVOCATE FOR R21 AND 22;
6
SMT KAVITHA H C, HCGP FOR R20; R5, R11 AND R23 ARE SERVED )
THIS R.S.A. IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 28.03.2013 PASSED IN R.A.NO.71/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACT COURT, RAMANAGARA, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 23.03.2007 PASSED IN OS.NO.152/2003 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN) RAMANAGARAM, BENGALURU RURAL DISTRICT.
IN R.S.A. No.697/2013
BETWEEN:
PUTTAREVAMMA AGED ABOUT 48 YEARS D/O CHIKKAMARIAH @ AMMAYAPPA R/AT GOLLARAPALYA HAMLET OF SHANUMANGALA BIDADI HOBLI, RAMANGARA TALUK AND DISTRICT -562 109.
... APPELLANT
(BY SRI. M S MUKARRAM, ADVOCATE)
AND:
DADAPPA @ CHOWDAPPA SINCE DECEASED BY HIS LRS
7
S/O LATE DADAPPA @ CHOWDAPPA AGED ABOUT 61 YEARS
R2 TO 4 ARE RESIDING AT PICHAKUNTARAPALYA VILLAGE HAMLET OF SHANUMANGALA BIDADI HOBLI, RAMANGARA TALUK AND DISTRICT -562 109.
GUYYAPPA
SINCE DEAD BY HIS LRS.
8
R7 TO 9 ARE ALL RESIDING AT PICHAKUNTARAPALYA VILLAGE SHANUMANGALA DHAKLE AND POST BIDADI HOBLI, RAMANGARA TALUK AND DISTRICT -562 109.
BHAGYA
SINCE DEAD BY HER LRS.
R10 TO 12 ARE
R/AT PICHAKUNTARAPALYA VILLAGE SHANUMANGALA POST BIDADI HOBLI, RAMANGARA TALUK AND DISTRICT -562 109.
MARANNA
SINCE DEAD BY HIS LRS
9
R13 TO 15 ARE R/AT CHANDRAPPA CIRCLE TAVAREKERE BENGALURU SOUTH TALUK BENGALURU-560 030.
... RESPONDENTS
(BY SRI S V PRAKASH, ADVOCATE FOR C/R1 AND ALSO FOR R10, R12; SRI M SHIVAPRAKASH, ADVOCATE FOR R2 TO 4, R6, R13 AND R17; SRI N SHIVAKUMAR, ADVOCATE FOR R14 TO 16; SRI K NARASIMHA MURTHY, ADVOCATE FOR R7 TO R9)
THIS R.S.A. IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 28.03.2013 PASSED IN R.A.NO.70/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACT COURT, RAMANAGARA, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 23.03.2007 PASSED IN OS.NO.25/1998 ON THE
10
FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN) RAMANAGARAM, BENGALURU RURAL DISTRICT.
IN R.S.A. No.1073/2013
BETWEEN:
GUYYAPPA @ PUTTAMARAIAH SINCE DEAD BY HIS LRS.
ALL ARE R/AT PICHAKUNTARAPALYA VILLAGE, SHANUMANGALA DHAKALE AND POST BIDADI HOBLI RAMANAGARA TALUK & DISTRICT -562109
... APPELLANTS
(BY SRI. M S MUKARRAM, ADVOCATE)
AND:
11
BHAGYA SINCE DEAD BY HER LRS
R2 TO 4 ARE R/AT PICHAKUNTARAPALYA VILLAGE, HAMLET OF SHANUMANGALA BIDADI HOBLI RAMANAGARA TALUK & DISTRICT -562109
MARANNA
SINCE DEAD BY HIS LRS
R5 TO 7 ARE R/AT
12
CHANDRAPPA CIRCLE TAVAREKERE HOBLI, BANGALORE SOUTH TALUK-562 130.
RAMANAGARA TALUK & DISTRICT-562 109.
DADAPPA
SINCE DEAD BY HIS LRS,
13
S/O DADDAPPA @ CHOWDAPPA, AGED ABOUT 49 YEARS,
R10, 12 TO 15, 14 TO 17 ARE R/AT PICHAKUNTARAPALYA VILLAGE, HAMLET OF SHANUMANGALA, BIDADI HOBLI, RAMANAGAR TALUK AND DISTRICT PIN-562 109.
... RESPONDENTS
(BY SRI B S MANJUNATH, ADVOCATE FOR R1; SRI S V PRAKASH, ADVOCATE R2, R4 AND 9; SRI N SHIVAKUMAR, ADVOCATE FOR R6 TO 8; SRI M SHIVAPRAKASH, ADVOCATE FOR R5, R10, R12 TO R15; SRI VIVEKANAND V JALDE, ADVOCATE FOR R11; R3 SERVED)
THIS R.S.A. IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 28.03.2013 PASSED IN R.A.NO.70/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACT COURT, RAMANAGARA, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 23.03.2007 PASSED IN OS.NO.25/1998 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN) RAMANAGARAM, BENGALURU RURAL DISTRICT.
IN R.S.A. No.1074/2013
BETWEEN:
GUYYAPPA @ PUTTAMARAIAH SINCE DEAD BY HIS LRS.
14
AGED ABOUT 45 YEARS
ALL ARE R/AT PICHAKUNTARAPALYA VILLAGE, SHANUMANGALA DHAKALE AND POST BIDADI HOBLI RAMANAGARA TALUK & DISTRICT -562109
... APPELLANTS
(BY SRI. M S MUKARRAM, ADVOCATE)
AND:
S/O LATE PUTTAMMA, GRAND SON OF MARANNA, AGED ABOUT 44 YEARS, R/AT PICHAKUNTARAPALYA, BIDAI HOBLI, RAMANAGARA TALUK & DISTRICT-562 109
15
MARANNA SINCE DEAD BY HIS LRS
BHAGYA
SINCE DEAD BY HER LRS
16
AGED ABOUT 51 YEARS,
DADAPPA
SINCE DEAD BY HIS LRS,
R6 TO 12, 14 TO 17 ARE R/AT PICHAKUNTARAPALYA VILLAGE, HAMLET OF SHANUMANGALA, BIDADI HOBLI, RAMANAGAR TALUK AND DISTRICT PIN-562 109
17
(BY SRI N SHIVAKUMAR, ADVOCATE FOR R1 TO 3; SRI M SHIVAPRAKASH, ADVOCATE FOR R4, R12, R14 TO R17; SRI B S MANJUNATH, ADVOCATE FOR R5; SRI S V PRAKASH, ADVOCATE R6, R8 TO 11; SRI P V CHANDRASHEKAR, ADVOCATE FOR R19 AND 20; RBI ASSOCIATES BY RATHNA BAI, ADVOCATE FOR R13; R7 SERVED;
SMT KAVITHA H C, HCGP FOR R18)
THIS R.S.A. IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT & DECREE DATED 28.03.2013 PASSED IN R.A.NO.71/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACT COURT, RAMANAGARA, PARTLY ALLOWING
18
THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 23.03.2007 PASSED IN OS.NO.152/2003 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (SR.DN) RAMANAGARAM, BENGALURU RURAL DISTRICT.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
O R D E R
Learned counsel for the appellants has filed a
memo dated 01.09.2021 stating that during the pendency of these appeals, the parties have settled the dispute amicably out of the Court.
Memo is placed on record.
Accordingly, the Regular Second Appeals are
dismissed as withdrawn.
Sd/JUDGE
SB
Puttarevamma
Guyyappa @ Puttamaraiah
Veerabhadraiah
Government of Karnataka
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court