Disposed

Sri. K.H.Somasekhara Reddy v. Sri.R.Hanumantha Reddy

Karnataka HC23 Sept 2024MSA/22/2017

Case brief

AI extract

What is this about?

Two connected second appeals over suits O.S.78/2003 and O.S.59/2009 were disposed of on a joint memo filed by both sides. The first appellate court's judgments in RA No.38/2016 and RA No.39/2016 were set aside and both suits ordered to be tried afresh, with admissions preserved and early disposal directed.

What did the court decide?

First appellate court orders set aside; both suits remanded to trial court for fresh trial; parties to appear on 21.10.2024.

Sri. K.H.Somasekhara Reddy Vs Sri.R.Hanumantha Reddy — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:39281 MSA No. 22 of 2017 C/W RSA No. 585 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 22 OF 2017 (RO)

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C/W

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REGULAR SECOND APPEAL NO. 585 OF 2017 IN MSA No. 22/2017

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BETWEEN:

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SRI. K.H. SOMASEKHARA REDDY, AGED ABOUT 78 YEARS, S/O LATE K.B. HANUMATHA REDDY, R/AT RED-LANDS, K.B.H ROAD, HIREBIDANUR SOUTH, KASABA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 560 106

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…APPELLANT

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

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(BY SRI. G. PAPIREDDY, SENIOR COUNSEL FOR SRI. VARUN P, ADVOCATE)

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AND:

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SRI. R. HANUMANTHA REDDY, AGED ABOUT 52 YEARS, S/O LATE RAMAPPA, R/O MELINAKURUBARAHALLY, KASABA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 560 106.

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…RESPONDENT

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(BY SRI. N. VENKATESH, ADVOCATE)

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2 - NC: 2024:KHC:39281 MSA No. 22 of 2017 C/W RSA No. 585 of 2017

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THIS MSA IS FILED UNDER ORDER XLIII RULE 1(U) OF THE CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.2.2017 PASSED IN RA NO.39/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GOWRIBIDANUR. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.7.2016 PASSED IN OS NO.78/2003 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, GAURIBIDANUR. REMANDING BACK THE MATTER IS TO THE TRIAL COURT TO DISPOSE THE MATTER AFRESH.

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IN RSA NO. 585/2017

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BETWEEN:

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SRI. K.H. SOMASEKHARA REDDY, AGED ABOUT 78 YEARS, S/O LATE K.B.H. REDDY, R/AT RED-LANDS, K.B.H. ROAD, HIREBIDANUR SOUTH, KASABA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 560 106.

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...APPELLANT

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(BY SRI. G. PAPIREDDY, SENIOR COUNSEL FOR SRI. VARUN P, ADVOCATE)

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AND:

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SRI. R. HANUMANTHA REDDY, AGED ABOUT 52 YEARS, S/O LATE RAMAPPA, R/O MELINAKURUBARAHALLY, KASABA HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 560 106.

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...RESPONDENT

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(BY SRI. N. VENKATESH, ADVOCATE)

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3 - NC: 2024:KHC:39281 MSA No. 22 of 2017 C/W RSA No. 585 of 2017

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THIS RSA IS FILED UNDER SEC. 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 18.2.2017 PASSED IN RA NO.38/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GOWRIBIDANUR. ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 30.7.2016 PASSED IN OS NO.59/2009 ON THE FILE OF THE ADDL. CIVIL JUDGE AND JMFC, GOWRIBIDANUR.

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THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL JUDGMENT

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After hearing the matter for some time, learned senior counsel Sri. G. Papi Reddy and Sri. N. Venkatesh for the respondent have filed a joint memo which reads as under :

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"The respondent has no objection for allowing RSA No.585/2017 and remanding the matter to the trial court for deciding the suits O.S.78/2003 and O.S.No.59/2009 afresh without getting influenced by the observations made by the Court of the Senior Civil Judge and JMFC at Gowribidanur in the common judgment in R.A.No.38/2016 and R.A.No.39/2016. The appellant has no objection for remanding the matter involved in both the appeals to the

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4 - NC: 2024:KHC:39281 MSA No. 22 of 2017 C/W RSA No. 585 of 2017

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trial court for deciding the Suits afresh, in accordance with law."

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In view of the joint memo, the following is passed:

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ORDER

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(i) Both the appeals stand disposed of.

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(ii) Suit in O.S.No.78/2003 and suit in O.S.No.59/2009 are ordered to be tried afresh in accordance with law by setting aside the Orders of the First Appellate Court in RA No.38/2016 and R.A.No.39/2016.

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(iii) Parties shall appear before the Trial Court without further notice on 21.10.2024.

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(iv) Taking note of the fact that the suit is of the year 2003, Trial Court shall dispose of the suit as early as possible but not later than 31.03.2025.

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(v) It is further observed that any observations made by the learned Judge in the First Appellate Court while passing the impugned

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5 - NC: 2024:KHC:39281 MSA No. 22 of 2017 C/W RSA No. 585 of 2017

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orders shall not influence the merits of the case

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when the fresh adjudication takes place before the Trial Court.

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(vi) However, it is also made clear that the admissions made by the parties shall not allowed to be withdrawn.

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(vii) Parties shall cooperate for the early disposal.

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Office is directed to return the Trial Court records with the copy of this Order.

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Sd/(V SRISHANANDA) JUDGE

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SNC List No.: 1 Sl No.: 53 CT: BHK

Sri. K.H.Somasekhara Reddy v. Sri.R.Hanumantha Reddy

Case brief

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Sri. K.H.Somasekhara Reddy v. Sri.R.Hanumantha Reddy

Case brief

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