Allowed

G Rajashekar @ Rajasekharappa v. K R Rudrappa

Karnataka HC6 Dec 2024CP/379/2022

Case brief

AI extract

What is this about?

This is an oral order allowing a civil petition filed under Section 24 of the CPC for withdrawal of a recall appeal (R.A.No.5001/2022) and transfer to be heard alongside a revision appeal (R.F.A.No.375/2022) in relation to suits concerning Sy.No.66 of Kodihalli village.

What did the court decide?

The prayer for withdrawing the appeal filed by the petitioner in R.A.No.5001/2022 and transferring the same to this Court to be heard along with R.F.A.No.375/2022 was allowed.

G Rajashekar @ Rajasekharappa Vs K R Rudrappa — Partition | Karnataka HC (2024)

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NC: 2024:KHC:50709 CP No. 379 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA

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CIVIL PETITION NO.379 OF 2022

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BETWEEN:

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G. RAJASHEKAR @ G. RAJASEKHARAPPA S/O LATE PATEL CHANDRAPPA AGED ABOUT 56 YEARS AGRICULTURIST R/O KODIHALLI VILLAGE, ARABILACHI POST BHADRAVATHI TALUK -572 301 SHIVAMOGGA DISTRICT.

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…PETITIONER

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(BY SRI. S. RAJENDRA FOR SRI. S V PRAKASH, ADVOCATE)

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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AND:

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K. R. RUDRAPPA S/O LATE RANGAPPA @ SANNA THAMMANNA, AGED ABOUT 69 YEARS, R/O KODIHALLI VILLAGE, ARBILACHI POST, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT – 572301.

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2 - NC: 2024:KHC:50709 CP No. 379 of 2022

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JAYAMMA W/O. LATE JAYAPPA AGED ABOUT 51 YEARS R/O KODIHALLI VILLAGE, ARBILACHI POST BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT-572 301.

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PUTTAMMA D/O. LATE JAYAPPA AGED ABOUT 29 YEARS

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RANGAPPA S/O LATE KRISHNAPPA AGED ABOUT 61 YEARS

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RESPONDENTS 3 AND 4 R/O KODIHALLI VILLAGE,ARBILACHI POST,BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-572 301.

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THE SECRETARY KUDLIGERE GRAMA PANCHAYATH

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KUDLIGERE POST, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-572 301.

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…RESPONDENTS

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(BY SRI. MALLIKARJUN C BASAREDDY, ADVOCATE FOR R-1; R-2, R-4, R-5 ARE SERVED)

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THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING THAT, THE HON’BLE COURT MAY KINDLY BE PLEASED TO, PASS AN APPROPRIATE ORDER WITHDRAWING THE APPEAL FILED BY THE PETITIONER IN R.A.NO5001/2022 AGAINST THE JUDGMENT AND DECREE PASSED IN O.S.NO.4/2012 ON THE FILE OF LEARNED IV ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA, SITTING AT

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3 - NC: 2024:KHC:50709 CP No. 379 of 2022

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BHADRAVATHI AND TRANSFER THE SAME TO THIS HON’BLE COURT IN ORDER TO HEAR THE SAME ALONG WITH APPEAL IN RFA NO.375/2022 PENDING BEFORE THIS HON’BLE COURT FOR DISPOSAL IN ACCORDANCE WITH LAW BY ALLOWING THIS PETITION AND ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

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ORAL ORDER

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The petitioner herein has filed O.S.No.34/2011 before the Senior Civil Judge at Bhadravathi seeking declaration and injunction.

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The Trial Court negatived the relief of declaration and granted the petitioner a decree of injunction. As against the grant of declaration, the petitioner has filed R.F.A.No.375/2022 before this Court and the same is pending consideration.

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After the filing of O.S.No.34/2011, respondent No.1 Rudrappa filed a suit for declaration and for

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NC: 2024:KHC:50709 CP No. 379 of 2022

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permanent injunction. In this suit also the Trial Court negatived the relief of declaration and granted Rudrappa a decree of injunction. As against the grant of decree of injunction, the petitioner herein has preferred R.A.No.5001/2022.

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It is not in dispute that the subject matter of O.S.No.34/2011 and O.S.No.4/2012 is Sy.No.66 of Kodihalli village. It is, however, sought to be contended that Rudrappa was seeking declaration only in respect of a portion of Sy.No.66.

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Be that as it may, since the entire extent of Sy.No.66 is the subject matter of R.F.A.No.375/2022, it would be appropriate to withdraw R.A.No.5001/2022 pending on the file of the IV Additional District and Sessions Judge, Shivamogga sitting at Bhadravathi and transfer the same to this Court to be heard along with R.F.A.No.375/2022.

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NC: 2024:KHC:50709 CP No. 379 of 2022

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It would be open for the petitioner and the respondents to make necessary applications to bring the legal representatives of the deceased parties in the said proceedings.

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Consequently, this petition is allowed .

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SD/(N S SANJAY GOWDA) JUDGE

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GSR

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List No.: 1 Sl No.: 8

G Rajashekar @ Rajasekharappa v. K R Rudrappa

Case brief

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G Rajashekar @ Rajasekharappa v. K R Rudrappa

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