In this second appeal under Section 100 CPC, the High Court of Karnataka held that the impugned judgment and decree operate as res judicata since the appellant had not challenged the original decree in the prior suit. Consequently, the appeal was dismissed without entertaining the substantive arguments.
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.
NC: 2024:KHC-D:10267 RSA No. 100136 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
REGULAR SECOND APPEAL NO. 100136 OF 2018 (DEC/INJ-)
BETWEEN:
SHRI. KALAGOUDA ANNAPPAGOUDA PATIL AGE:62 YEARS, OCC:AGRICULTURE, R/O:KONNUR TQ:GOKAK, DIST:BELAGAVI
…APPELLANT
(BY SRI SANGRAM S. KULKARNI, ADVOCATE)
AND:
Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
SHRI DEVANGOUDA PATIL SINCE DECEASED BY HIS LRS
NC: 2024:KHC-D:10267 RSA No. 100136 of 2018
AGE: 51 YEARS, OCC: NIL, R/O: KONNUR, TQ:GOKAK, DIST:BELAGAVI-591231.
…RESPONDENTS
THIS RSA IS FILED U/S.100 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.279/2012 DATED 15.11.2017 BY THE XII ADDITIIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT GOKAK AND ALSO SET ASIDE THE JUDGMENT AND DECREE PASSED IN O.S.NO.294/2007 DATED 14.03.2012 PASSED BY THE PRL. SENIOR CIVIL JUDGE, GOKAK.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC-D:10267 RSA No. 100136 of 2018
JUDGMENT
The present second appeal is filed under Section 100 of the Code of Civil Procedure, 19081 by the plaintiff challenging the judgment and decree dated 15.11.2017 passed in R.A.No.279/2012 by the XII Additional District and Sessions Judge, Belagavi, sitting at Gokak2 as also the judgment and decree dated 14.03.2012 passed in O.S.No.294/2007 by the Principal Senior Civil Judge, Gokak3 .
1 Hereinafter referred to as the ‘CPC’
2 Hereinafter referred to as the ‘First Appellate Court’
3 Hereinafter referred to as the ‘Trial Court’
15.05.2002 is false, fabricated and concocted document and for other reliefs. O.S.No.294/2007 was filed by Kalagouda Annappagouda Patil for a declaration that he is the nearest legal heir of the deceased Nagendra and has succeeded to the suit properties as his legal heir and for other reliefs.
Court and were tried together. It is forthcoming that the subject matter of all the three suits are with regard to the properties of deceased Nagendra.
NC: 2024:KHC-D:10267 RSA No. 100136 of 2018
5. The Trial Court by its judgment and decree
dated 14.03.2012 decreed O.S.No.50/2004 and dismissed O.S.Nos.294/2007 and 19/2004 and passed the following order:
“ORDER
The suit in O.S.No.50/2004 is decreed with
cost.
O.S.No.294/2007 and O.S.No.19/2004 are dismissed with cost.
It is declared that the plaintiff of O.S. No.50/2004 Rajendra Annappa Chougale is the absolute owner as sole testamentary successor to the suit properties.
By permanent injunction, the defendant No.1 to 6 are restrained from obstructing the peaceful possession and enjoyment of the suit property by the plaintiff.
Draw decree accordingly.
The original judgment shall be kept in O.S. No.50/2004 and the copies of the same shall be kept in O.S. No.19/2004 and O.S. No.294/2007 respectively.”
NC: 2024:KHC-D:10267 RSA No. 100136 of 2018
not been challenged by the appellant, the judgment and decree passed in O.S.No.50/2004 operates as res judicata and hence the question of entertaining the present appeal does not arise.
Sd/JUDGE
SH CT:GSM List No.: 1 Sl No.: 27
2 issues framed by the court
Whether the present second appeal can be entertained when the decree was already operated as res judicata.
Whether the question of entertaining the appeal arises given the prior decree in O.S. No.50/2004 was not challenged.
Kalamouda Annappagouda Patil
Komal s/o Devangouda Patil
Ratnaka Kom Shrimant Balekai
Sulochana w/o Shripal Babannavar
C.M. Poonacha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
