Partly allowed

Smt Muniyamma v. Smt Chikka Akkayamma W/O.Late Subbaiah

Karnataka HC11 Mar 2024RFA/122/2012

Case brief

AI extract

What is this about?

High Court held that purchasers of the suit property who were not parties to the original suit were necessary parties. Appeals transposing them as respondents 2-21 were allowed. Impugned judgment and decree were set aside, matter remitted to Trial Court with new defendants impleaded.

What did the court decide?

Applicants transposed as appellants; impugned judgment and decree set aside; matter remitted to Trial Court with new defendants impleaded.

Smt Muniyamma Vs Smt Chikka Akkayamma W/O.Late Subbaiah — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:9817 RFA No. 122 of 2012

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR FIRST APPEAL NO. 122 OF 2012 (DEC/INJ)

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BETWEEN:

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SMT MUNIYAMMA SINCE DEAD REP.BY LRS.

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SMT. LATE VENKATAMMA D/O. LATE MUNIYAMMA,

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SINCE DEAD BY LRS SRI. SURESH,

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S/O LATE PUTTARANGAIAH, GRAND SON OF MUNIYAMMA AGED ABOUT 46 YEARS,

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Digitally signed by C HONNUR SAB

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Location: HIGH COURT OF KARNATAKA

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SRI. CHANDRANNA, S/O LATE PUTTARANGAIAH GRAND SON OF MUNIYAMMA AGED ABOUT 44 YEARS,

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SRI. PILLAPPA P. @ PRASANNA, S/O LATE PUTTARANGAIAH, GRAND SON OF MUNIYAMMA, AGED ABOUT 40 YEARS,

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ALL ARE RESIDING AT VEERAPPA REDDY BUILDING, NO.52, 4^TH CROSS, B.CHANNASANDRA,

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2 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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KALYANA NAGAR POST, BENGALURU-560 043.

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P.JAYAMMA, W/O NARASIMHAIAH, AGED ABOUT 60 YEARS, RESIDING AT NO.246/31, 2^ND CROSS, MARUTHINAGAR, ARISINAKUNTE, NELAMANGALA TALUK,

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BENGALURU RURAL DISTRICT-562 123.

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P.VENKATESH, S/O LATE PILLAPPA, AGED ABOUT 56 YEARS, RESIDING AT NO.319, RKK ROAD, 4^TH CROSS, B.CHANNASANDRA, KALYANANAGAR POST, BENGALURU-560 043.

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P.YASHODAMMA, W/O LATE RAMAIAH, AGED ABOUT 52 YEARS.

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P.SRINIVAS, S/O LATE PILLAPPA, AGED ABOUT 49 YEARS.

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APPELLANT NO.6 AND 7 ARE R/AT NO.7, MUNESHWARA LAYOUT, 1^ST CROSS, B.CHANNASANDRA, KALYANANAGAR POST, BENGALURU-560 043.

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P.SUBRAMANI, S/O LATE PILLAPPA,

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3 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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AGED ABOUT 47 YEARS, RESIDING AT 175, 3^RD CROSS ROAD, B.CHANDRA LAYOUT, B.CHANNASANDRA, BENGALURU-560 043.

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…APPELLANTS

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(BY SRI. A N GANGADHARAIAH.,ADVOCATE)

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AND:

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SMT CHIKKA AKKAYAMMA W/O.LATE SUBBAIAH, AGED ABOUT 93 YEARS, R/AT NO.69, AIRPORT ROAD, KONENA AGRAHARA, HAL, BENGALURU-560 017.

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SINCE DEAD BY LR

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SMT.M.CHIKKA MUNINANJAMMA, AGED ABOUT 57 YEARS, W/O M.MUNIRAJU, RESIDING AT NO.189, B.CHANNASANDRA, KALYANANAGAR POST, BENGALURU-560 043.

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SRI.MANIVANNAN S/O L.KRISHNAMURTHY AGED ABOUT 58 YEARS, RESIDING AT NO.7, 3^RD CROSS, 8^TH MIN, HOYSALANAGAR, BENGALURU-560 016

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SRI RAJENDRA, S/O C.RAMAN

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4 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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AGED ABOUT 45 YEARS, RESIDING AT NO.100, 4^TH CROSS, COX TOWN, JEVANAHALLI, BENGALURU-560 005

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SRI.VENKATA NAIDU BAVIGADDA, S/O B.RAMALINGAIAH, AGED ABOUT 44 YEARS, RESIDING AT NO.11, 3^RD CROSS, 8^TH MAIN, HOYSALANAGAR, BENGALURU-560 016.

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SMT.S.LAKSHMI W/O M.C.SUDHAKAR AGED ABOUT 46 YEARS, RESIDING AT NO.38, 5^TH CROSS, PILLA REDDY LAYOUT, 6^TH 'A' MAIN, BANASAWADI, BENGALURU-560 043.

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SRI.GANGADHARAPPA @ GANGADHAR S/O LATE RAJA NAYAKA AGED ABOUT 47 YEARS R/AT NO.5, 3^RD CROSS, 8^TH MAIN, HOYSALA NAGAR, BENGALURU-560 016.

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SMT.A.SELVI W/O LATE S MUTHU AGED ABOUT 53 YAERS, R/AT NO.14, 3^RD CROSS, 8^TH MAIN, RAMAIAH LAYOUT, HOYSALA NAGAR, BENGALURU-560 016

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5 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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SRI RAVI BABU

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S/O P.R.MANI @ KARPAIAH AGED ABOUT 49 YEARS, R/AT NO.3, 3^RD CROSS, 8^TH MAIN, HOYSALA NAGAR,

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BENGALURU-560 016

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SRI DINESH SHETTY S/O LATE SRI.JAGANNATHA SHETTY AGED ABOUT 48 YEARS, R/AT NO.28, SRINIDHI 3^RD CROSS, 8^TH MAIN, HOYSALA NAGAR, BENGALURU-560 016

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SMT.S.YASHODA W/O P.RAMANJANEYA AGED ABOUT 57 YEARS, R/AT NO.614, 2^ND 'B' CROSS, 6^TH 'A' MAIN, 2^ND BLOCK, HRBR LAYOUT, BENGALURU-560 043.

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SMT.UMADEVI W/O LATE BASAVARAJU REPTD BY HER GPA HOLDER NAGARAJ S/O LATE BASAVARAJU AGED ABOUT 45 YEARS, R/AT NO.10, 3^RD CROSS, 8^TH MAIN HOYSALA NAGAR, BENGALURU.

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SRI.R.BHASKER S/O A.RAJAGOPALA NAIDU AGED ABOUT 52 YEARS, R/AT NO.10, 3^RD CROSS, 8^TH MAIN, HOYSALA NAGAR, BENGALURU

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6 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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G.ASHOK KUMAR

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S/O M.GOVINDARAJU AGED ABOUT 61 YEARS R/AT 8, 8^TH B CROSS, 4^TH MAIN HAL 3^RD STAGE NEW THIPPASANDRA BANGLORE-560 075

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SMT.MARY HELENA SANGAMITHRA W/O MR.BENJAMIN AND D/O T.K.ALPHONSE AGED ABOUT 46 YEARS, REPRESENTED BY HER GPA HOLDER MR.T.K.ALPHONSE S/O V.T.KANICKASWAMY, AGED ABOUT 70 YEARS, R/AT NO.27, 3^RD H MAIN KANMANAHALLI, BANGLORE-560 084.

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S.KUMAR

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S/O LATE BALKRISHNA AGED ABOUT 56 YEARS, R/AT NO.6, 3^RD CROSS, 8^TH MAIN, HOYSALA NAGAR, BENGALURU-560 016

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VIJAY BAGARE

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S/O NARASING BAGARE AGED ABOUT 40 YEARS R/AT NO.21, 3^RD CROSS, 8^TH MAIN, HOYSALA NAGAR, BENGALURU-560 016

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SMT.NAVAMANI W/O SHANKARAN C, AGED ABOUT 68 YEARS, R/AT NO.26, 3^RD CROSS,

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7 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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8^TH MAIN, HOYSALA NAGAR, BENGALURU-560 016

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SRI K.BHASKER S/O LATE T.N.KRISHNASWAMY

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AGED ABOUT 60 YEARS, R/AT NO.24, 3^RD CROSS, 8^TH MAIN, HOYSALA NAGAR, BENGALURU-560 016

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SRI.SAMUEL SACHIDANAND S/O M.K.ANTHONY SWAMY AGED ABOUT 50 YEARS, R/AT NO.11 AND 12, 3^RD CROSS, 8^TH MAIN, HOYSALA NAGAR, BENGALURU-560 016.

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20. R.MAHADEVA

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S/O M.RANGAPPA AGED ABOUT 54 YEARS, R/AT NO.4/2, 1^ST FLOOR, 6^TH MAIN ROAD, 7^TH CROSS, SAMPEGIRAMA NAGARA, BENGALURU-560 027

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SMT.GODAVARI S W/O R.MAHADEVA AGED ABOUT 52 YEARS, R/AT NO.4/2, 1^ST FLOOR, 6^TH MAIN ROAD, 7^TH CROSS, SAMPEGIRAMA NAGARA, BENGALURU-560 027.

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…RESPONDENTS

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8 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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BY SRI. V ANAND.,ADVOCATE FOR R1;

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SRI. ABHILASH H S FOR SRI. C VINAY SWAMY.,ADVOCATE FOR R2 TO R5; SRI. H V SHYAME GOWDA.,ADVOCATE FOR R6 TO R14; SRI. JAYADEV B S.,ADVOCATE FOR R15 TO R21)

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THIS RFA IS FILED U/SEC.96, R/W, O-41, RULE-1 AND 2 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED29.10.2011 PASSED IN O.S.3198/2007 ON THE FILE OF THE VIII-ADDL. CITY CIVIL JUDGE, BANGALORE, DECREEING THE SUIT FOR THE DECLARATION AND PERMANENT INJUNCTION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard the learned counsel for the appellants as well as the learned counsel for the respondents.

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I.A.Nos.1/2024, 2/2024 and 3/2024 are filed seeking

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permission of the Court to come on record as appellants to transpose respondents No.2 to 21 as appellants No.2 to 21.

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Respondents No.2 to 21, who are the applicants before this Court have filed applications to come on record on the premise that they have purchased the portion of the suit schedule properties, before the suit was filed and in support of their claim, they have produced the copies of the registered sale deeds.

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9 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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The learned counsel appearing for respondent No.1 fairly submits that the applicants claim to have purchased the property under the registered sale deeds executed prior to the institution of the suit. Admittedly, these applicants are not parties to the proceeding before the Trial Court.

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Ideally speaking, they should have been made as parties to the proceeding. The appellant No.1, who has sold the property to the proposed appellants No.2 to 21 is not contesting the appeal as he has already sold the properties.

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Under these circumstances, respondents No.2 to 21 seek to come on record as appellants No.2 to 21 to prosecute the appeal.

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After going through the pleadings and the documents in this regard, this Court is of the view, that the applicants should be transposed as appellants No.2 to 21. Accordingly the applications are allowed .

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Appellants are permitted to carryout the amendment and to furnish the amended cause title.

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Considering the submission made on behalf of the appellants as well as the respondents, this Court is of the view that the present appellants No.2 to 21 (after transposing) were

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10 - NC: 2024:KHC:9817 RFA No. 122 of 2012

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necessary parties to the suit in O.S.No.3198/2007 on the file of the VIII Additional City Civil Judge, Bangalore. For this reason, this Court is of the view, that the impugned judgment and decree are liable to be set aside and hence, they are set aside. The matter is remitted to the Trial Court and the appellants No.2 to 21, who are allowed to come on record shall be impleaded as defendants No.2 to 21.

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The plaintiff shall carryout necessary amendment before the Trial Court.

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The parties shall appear before the Trial Court on 28.03.2024 without any further notice from the Trial Court. The applications at I.A.Nos.4/2024, 5/2024 and 6/2024 for production of additional documents need not be considered before this Court as the judgment and decree are set aside. The appellants are at liberty to produce additional documents before the Trial Court.

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The appellants No.2 to 21 shall file written statement within 30(thirty) days from the date of appearance.

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The Trial Court shall issue notice to the legal representatives of deceased defendant No.1. The plaintiff is

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NC: 2024:KHC:9817 RFA No. 122 of 2012

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permitted to substitute the legal representatives of deceased defendant No.1, who are brought on record before this Court.

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It is further made clear that the impugned judgment

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and decree are set aside on the premise that appellants No.2 to 21 are necessary parties and this Court has not expressed any opinion on merits of the claim of either of the parties. All contentions are kept open.

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For next 30(thirty) days, the parties shall not alienate the suit schedule properties and create any third party charges over the property. In case, the plaintiff files any application seeking some interim relief, the same is to be considered in accordance with law.

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Registry to send back the Trial Court Records.

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Sd/JUDGE

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PHM

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List No.: 1 Sl No.: 15

Smt Muniyamma v. Smt Chikka Akkayamma W/O.Late Subbaiah

Case brief

What is this about?

What did the court decide?

Smt Muniyamma v. Smt Chikka Akkayamma W/O.Late Subbaiah

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

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