Disposed

K P Mohan Kumar v. K R Siddaramaiah

Karnataka HC20 Aug 2024MSA/16/2015

Case brief

AI extract

What is this about?

This court disposed of a Second Appeal and Cross Objection jointly filed in a property suit. Directing the Trial Court to try the suit afresh with liberty to lead further evidence and appoint a commission for boundary demarcation, the court ordered disposal by December 20, 2024.

What did the court decide?

Appellate and cross objection disposed of. Trial court directed to try suit afresh within time bound giving liberty for further evidence and commission appointment for boundary demarcation.

K P Mohan Kumar Vs K R Siddaramaiah — Partition | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:34290 MSA No. 16 of 2015 C/W MSA.CROB No. 1 of 2016

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF AUGUST, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 16 OF 2015 (RO)

¶6

C/W

¶7

MSA CROSS OBJECTION NO. 1 OF 2016

¶8

IN MSA NO.16/2015

¶9

BETWEEN:

¶10

SRI. K.P. MOHAN KUMAR, S/O K. S. PAPANNA, AGED ABOUT 62 YEARS, R/O MADIVALARA BEEDI, PETE, KADUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT – 577 548.

¶11

…APPELLANT

¶12

Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

¶13

(BY SRI. NITHIN GOWDA K. C., ADVOCATE FOR SRI. P. PRASANNA KUMAR, ADVOCATE)

¶14

AND:

¶15

K. R. SIDDARAMAIAH (DEAD) S/O LATE GAVIRANGAPPA, AGED ABOUT 78 YEARS.

¶16

SMT. SHARADAMMA (DEAD) W/O K. R. SIDDARAMAIAHA, AGED ABOUT 68 YEARS.

¶17

¶18

NC: 2024:KHC:34290 MSA No. 16 of 2015 C/W MSA.CROB No. 1 of 2016

¶19

K. S. RAMESHA (DEAD) S/O K. R. SIDDARAMAIAHA, AGED ABOUT 56 YEARS, R/AT SALAMMMA COLONY, 1^ST CROSS, MARAMANJI ROAD, KADUR TOWN-577 548.

¶20

K. S. SRINIVASA, S/O K. R. SIDDARAMAIAHA, AGED ABOUT 52 YEARS.

¶21

K. S. RANGANATHA (DEAD) S/O K. R. SIDDARAMAIAHA, AGED ABOUT 51 YEARS, R/AT MASTHAMMA GUDI BIDHI, PETE, KADUR TOWN – 577 548.

¶22

K. S. VENKATESHA (DEAD) S/O K. R. SIDDARAMAIAHA, AGED ABOUT 47 YEARS, R/AT MASTHAMMA GUDI BIDHI, PETE, KADUR TOWN – 577 548.

¶23

K. S. ESHWARAPPA, S/O K. R. SIDDARAMAIAHA, AGED ABOUT 51 YEARS,

¶24

OTHER THAN SPECIFICALLY STATE

¶25

ALL OTHERS ARE R/AT SIDDANAYAKANA BEEDHI KADUR TOWN, KADUR TALUK CHIKMAGALUR DISTRICT-577 548.

¶26

…RESPONDENTS

¶27

(BY SRI. D. NAGARAJ, ADVOCATE FOR R1(1-3) & R3 TO R7; V/O DATED 23.01.2019, R2 IS DELETED)

¶28

THIS MSA IS FILED U/ORDER 43 RULE 1(u) OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 02.02.2015 PASSED IN R.A.No.44/2011 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KADUR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 03.07.2010 PASSED IN O.S.No.98/2006 ON THE FILE OF I

¶29

3 - NC: 2024:KHC:34290 MSA No. 16 of 2015 C/W MSA.CROB No. 1 of 2016

¶30

ADDITIONAL CIVIL JUDGE AND JMFC, KADUR, REMANDING BACK THE SUIT TO THE TRIAL COURT WITH DIRECTION.

¶31

IN MSA CROB.NO.1/2016

¶32

BETWEEN:

¶33

SRI. K.R. SIDDARAMAIAH S/O LATE GAVIRANGAPPA AGED ABOUT 79 YEARS,

¶34

SINCE DEAD BY LEGAL HEIRS ARE 1 TO 5

¶35

SMT. SHRADAMMA W/O SRI. K.R. SIDDARAMAIAH, AGED ABOUT 69 YEARS SINCE DEAD BY LEGAL HEIRS ARE 1 TO 5

¶36

SRI K.S. RAMESHA S/O SRI. K.R. SIDDARAMAIAH, AGED ABOUT 57 YEARS

¶37

SRI K.S. SRINIVASA S/O SRI. K.R. SIDDARAMAIAH, AGED ABOUT 53 YEARS

¶38

SRI K.S. RANGANATHA S/O SRI. K.R. SIDDARAMAIAH, AGED ABOUT 51 YEARS

¶39

SRI. K.S. VENKATESHA S/O SRI. K.R. SIDDARAMAIAH, AGED ABOUT 48 YEARS

¶40

SRI. K.S. ESHWARAPPA S/O SRI. K.R. SIDDARAMAIAH, AGED ABOUT 46 YEARS

¶41

ALL ARE RESIDING AT SIDDANAYAKANA BEEDHI,

¶42

¶43

NC: 2024:KHC:34290 MSA No. 16 of 2015 C/W MSA.CROB No. 1 of 2016

¶44

KADUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT 577548.

¶45

…CROSS OBJECTORS

¶46

(BY SRI. D. NAGARAJ, ADVOCATE) AND:

¶47

SRI. K.P. MOHAN KUMAR S/O SRI. K.S. PAPANNA, AGED ABOUT 52 YEARS, R/O MADIVALARA BEEDI PETE, KADUR TOWN, KADUR TALUK, CHIKMAGALUR DISTRICT-577 548.

¶48

…RESPONDENT

¶49

(BY SRI. NITHIN GOWDA K. C., ADVOCATE FOR SRI. P. PRASANNA KUMAR, ADVOCATE)

¶50

THIS MSA.CROB IN MSA IS FILED UNDER ORDER XLI RULE 22 R/W ORDER 43 RULE 1(u) OF RULE 2 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.02.2015 PASSED IN RA.NO.44/2011 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.98/2006 ON THE FILE OF THE Ist ADDL. CIVIL JUDGE AND JMFC., KADUR, DECREEING THE SUIT AND REMANDING BACK TO THE TRIAL COURT WITH A DIRECTION.

¶51

THIS MSA AND MSA.CROB, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶52

CORAM: HON'BLE MR JUSTICE V SRISHANANDA

¶53

¶54

NC: 2024:KHC:34290 MSA No. 16 of 2015 C/W MSA.CROB No. 1 of 2016

¶55

ORAL JUDGMENT

¶56

Joint memo is filed by the parties. Joint memo reads

¶57

as under:

¶58

“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.98/2006 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., 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.”

¶59

Placing the joint memo on record, appeal and cross objection are disposed of.

¶60

The suit in O.S.No.98/2006 is to be tried afresh in accordance with law as per the directions issued by the First Appellate Court.

¶61

Having regard to the fact that suit is of the year 2006, learned Trial Judge shall bestow his best attention

¶62

¶63

NC: 2024:KHC:34290 MSA No. 16 of 2015 C/W MSA.CROB No. 1 of 2016

¶64

to dispose of the suit as early as possible but not later than 20.12.2024.

¶65

Needless to emphasize that parties shall cooperate for the early disposal of the suit.

¶66

Parties shall appear before the Trial Court positively

¶67

without further notice on 31.08.2024.

¶68

Sd/(V SRISHANANDA) JUDGE

¶69

KAV List No.: 1 Sl No.: 1

K P Mohan Kumar v. K R Siddaramaiah

Case brief

What is this about?

What did the court decide?

K P Mohan Kumar v. K R Siddaramaiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Commissioner Vs D R Suryanarayana

Sanjeeva Poojary Vs Sumathi Poojarthy

T. S. Suryanarayana Vs T. S. Chowdappa

Smt. Gangamma Vs Smt Honnamma

Shivarajegowda Vs Kalegowda

Smt S Shobha Setty Vs Sri Narayanappa