Smt Savithramma Vs Sri Chowdaiah — Karnataka HC (2025) — LawSathi Research

Smt Savithramma Vs Sri Chowdaiah — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both appeals dismissed as withdrawn on the memos filed by learned counsel for the appellant; appellant given liberty to agitate her grievance in appropriate proceedings before the appropriate forum (in RSA No.1118/2013, to work out her remedy before the appropriate forum; in RSA No.1119/2013, to work out the remedy in the final decree proceedings insofar as item No.6 of the properties); defendants at liberty to work out their remedy in appropriate proceedings.

Issue for consideration

Whether the Court should grant the leave sought by memos filed by learned counsel for the appellant to withdraw both appeals, with liberty to agitate the appellant's grievance in appropriate proceedings before the appropriate forum.

Court's answer

The memos filed by learned counsel for the appellant in both appeals seeking leave to withdraw were placed on record, and the appeals are dismissed as withdrawn with the liberty that the appellant may agitate her grievance in appropriate proceedings before the appropriate forum.

Ratio / Principle

The defendants are at liberty to work out their remedy in the appropriate proceedings before the appropriate forum.

Key takeaways

Insofar as RSA No.1118/2013 is concerned, the appellant is entitled to work out her remedy before the appropriate forum.ratio¶73-74
In RSA No.1119/2013, the appellant is entitled to work out the remedy in the final decree proceedings insofar as item No.6 of the properties is concerned.ratio¶80-81

Detailed headnote1 paragraphs

Karnataka HC (Bengaluru), Ashok S. Kinagi J., 12 June 2025 — RSA No.1118/2013 (PAR) c/w RSA No.1119/2013 (both under S.100 CPC by Smt Savithramma against the legal representatives of deceased Sri Chowdaiah), arising from judgments/decrees dated 27.5.2013 in R.A.Nos.61/2012 and 16/2012 (Senior Civil Judge & JMFC, Channapattana), which had set aside the judgment and decree dated 25.4.2009 in O.S.No.71/2005 (Prl. Civil Judge (Jr.Dn) & JMFC, Channapatna). Before adjudication, counsel for the appellant filed memos seeking leave to withdraw both appeals with liberty to agitate the grievance in appropriate proceedings; counsel for respondents recorded (as a submission, not adjudicated) that defendant No.1 executed a Will bequeathing item No.6 and that the mother of defendant Nos.4 to 6 also executed a Will bequeathing item No.6 in favour of the other defendants. Court: memos placed on record; appeals dismissed as withdrawn with liberty — defendants free to work out their remedy in appropriate proceedings; in RSA No.1118/2013 the appellant may work out her remedy before the appropriate forum; in RSA No.1119/2013 she may work out the remedy in the final decree proceedings insofar as item No.6 of the properties.

NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR JUSTICE ASHOK S.KINAGI

REGULAR SECOND APPEAL NO. 1118 OF 2013 (PAR)

C/W

REGULAR SECOND APPEAL NO. 1119 OF 2013

IN RSA No. 1118/2013 BETWEEN:

Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

SMT SAVITHRAMMA W/O MAHADEVA AGED ABOUT 43 YEARS R/AT BEVOOR VILLAGE, MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 …APPELLANT

(BY SRI. NATARAJ BABA K., ADVOCATE)

AND:

SRI CHOWDAIAH S/O BALLAIAH SINCE DEAD LEGAL REPRESENTATIVES ARE APPELLANT & RESPONDENT Nos.2 TO 8

SRI SIDDALINGAIAH S/O LATE CHOWDAIAH AGED ABOUT 38 YEAS R/AT BEVOOR VILLAGE, MALUR HOBLI

2 - NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013

HC-KAR

CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

SMT SUMA W/O LATE SIDDARAJU AGED ABOUT 34 YEARS R/AT BEVOOR VILLAGE MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

KUMAR THARUN S/O LATE SIDDARAJU AGED ABOUT 9 YEARS R/AT BEVOOR VILLAGE MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

SMT SHIVALINGAMMA W/O CHOWDAIAH AGED ABOUT 61 YEARS R/AT BEVOOR VILLAGE, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 571 501

SMT CHANDRAMMA W/O SHIVARAJU AGED ABOUT 36 YEARS R/AT DEVISIDDEGOWDANADODDI RAMANAGARAM TALUK AND DISTRICT - 571 511

SMT JAYAMMA W/O BOOMEGOWDA AGED ABOUT 46 YEARS R/T KADALUR VILLAGE MADDUR TALUK MANDYA DISTRICT - 562 108

SMT SHIVALINGAMMA W/O JAYARAMU

3 - NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013

HC-KAR

AGED ABOUT 41 YEARS R/AT CHIKKANAHALLI VILLAGE MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

…RESPONDENTS

(BY SRI. K S VENKATA RAMANA, ADVOCATE FOR R2, R3, R5, R6 & R9

R4 IS MINOR, REP. BY R3

SRI. NIRMALA JAYARAM, ADVOCATE FOR R7 & R8)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.5.2013 PASSED IN R.A.NO.61/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHANNAPATTANA, RAMANAGARA DISTRICT, ALLOWED THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.4.2009 PASSED IN O.S.NO.71/2005 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., CHANNAPATNA.

IN RSA NO. 1119/2013 BETWEEN:

SMT. SAVITHRAMMA W/O MAHADEVA AGED ABOUT 43 YEARS R/AT BEVOOR VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

...APPELLANT

(BY SRI. P.M. GOPI, ADVOCATE FOR SRI. SIDDAMALLAPPA P M., ADVOCATE)

AND:

SRI. CHOWDAIAH S/O BALLAIAH

4 - NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013

HC-KAR

SINCE DEAD LEGAL REPRESENTATIVES ARE

APPELLANT & RESPONDENT Nos.2 TO 8

SMT JAYAMMA W/O BOOMEGOWDA AGED ABOUT 45 YEARS R/AT KADALUR VILLAGE, MADDUR TALUK MANDYA DISTRICT - 561 08

SMT SHIVALINGAMMA W/O JAYARAMU AGED ABOUT 40 YEARS R/AT CHIKKANAHALLI VILLAGE MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

SMT CHANDRAMMA W/O SHIVARAJU AGED ABOUT 36 YEARS R/AT DEVISIDDEGOWDANADODDI RAMANAGARAM TALUK AND DISTRICT - 571 511

SRI SIDDALINGA S/O LATE CHOWDAIAH AGED ABOUT 38 YEARS R/AT BEVOOR VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

SMT SHIVALINGAMMA W/O CHOWDAIAH AGED ABOUT 60 YEARS R/AT BEVOOR VILLAGE, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 571 501

SMT LAKSHMI W/O LATE SIDDARAJU AGED ABOUT 23 YEARS

5 - NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013

HC-KAR

R/AT BEVOOR VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

SRI SIDDESH S/O LATE SIDDARAJU AGED ABOUT 8 YEARS R/AT BEVOOR VILLAGE, MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108

...RESPONDENTS

(BY SRI. K S VENKATA RAMANA, ADVOCATE FOR R1, R4-R7 R8 IS MINOR REP. BY R7

SMT. NIRMALA JAYARAM, ADVOCATE FOR R2 & R3)

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.5.2013 PASSED IN R.A.NO.16/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHANNAPATTANA, RAMANAGARA DISTRICT, DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.4.2009 PASSED IN O.S.NO.71/2005 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., CHANNAPATNA.

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

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

ORAL JUDGMENT

Learned counsel for the appellant in both the appeals

filed the memo’s seeking leave of the Court to withdraw

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HC-KAR

the appeals with liberty to agitate appellant’s grievance in

appropriate proceedings before appropriate forum.

Learned counsel for the respondents submits

that defendant No.1 executed the Will bequeathing item No.6 in favour of the other defendants. The mother of defendant Nos.4 to 6 executed a Will, bequeathing item No.6 in favour of the other defendants.

The defendants are at liberty to workout their remedy in the appropriate proceedings before the appropriate forum.

The memos are placed on record. The appeals

are dismissed as withdrawn with the aforesaid liberty.

Insofar as RSA No.1118/2013, the appellant is

entitled to work out her remedy before the appropriate forum.

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NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013

HC-KAR

In RSA No.1119/2013, the appellant is entitled

to work out the remedy in the final decree proceedings

insofar as item No.6 of the properties is concerned.

Sd/(ASHOK S.KINAGI) JUDGE

SKS List No.: 3 Sl No.: 4