Sri Jayanna Vs Sri. K v Prasad — Karnataka HC (2025) — LawSathi Research

Sri Jayanna Vs Sri. K v Prasad — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; the appeal was disposed of without decision on merits, with liberty to the parties to canvass all possible points in their favour and a direction that the findings of both the Trial Court and the First Appellate Court shall not affect the rights of the parties.

Issue for consideration

Whether the regular second appeal against the First Appellate Court's reversal of the trial court's judgment in O.S.No.379/2021 should be decided on merits, in view of the subsequent comprehensive suit for declaratory injunction (O.S.No.582/2024) filed by the same appellant.

Court's answer

Since O.S.No.582/2024 is a comprehensive suit, if the appellant succeeds in that suit, the findings recorded by the First Appellate Court in reversing the trial court's judgment in O.S.No.379/2021 would be subservient to the decision in O.S.No.582/2024.

Ratio / Principle

The appeal was disposed of on that observation, with the parties left at liberty to canvass all possible points in their favour, and with a direction that the findings recorded by both the Trial Court and the First Appellate Court shall not affect the rights of the parties.

Detailed headnote1 paragraphs

Regular Second Appeal (INJ) under Section 100 CPC by the plaintiff (Sri. Jayanna, represented by his SPA holder) against the judgment and decree dated 22.10.2024 in R.A.No.129/2023 of the II Additional Senior Civil Judge and JMFC, Chikkaballapura, whereby the First Appellate Court allowed the appeal and set aside the judgment and decree dated 11.10.2023 in O.S.No.379/2021 of the Principal Civil Judge and JMFC, Chikkaballapura. On submission that the very same appellant had filed a subsequent comprehensive suit for declaratory injunction in O.S.No.582/2024, the High Court observed that if the appellant succeeds in that suit, the findings recorded by the First Appellate Court would be subservient to the decision in O.S.No.582/2024. With that observation, the appeal was disposed of; the parties were left at liberty to canvass all possible points, and it was directed that the findings of both the Trial Court and the First Appellate Court shall not affect the rights of the parties. (V Srishananda, J.; decision dated 04.09.2025.)

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NC: 2025:KHC:35164 RSA No. 144 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 144 OF 2025 (INJ)

BETWEEN:

SRI. JAYANNA AGED ABOUT 75 YEARS, S/O. LATE URLA SONNAPPA, R/AT HOOVINA APPANNA STREET, THUBUNKUNTE, KOLIGERE POST, CHIKKABALLAPUR TOWN AND DISTRICT - 562 101. REP. BY HIS SPA HOLDER

SRI. KESHAVMURTHY. J, S/O JAYANNA, AGED ABOUT 47 YEARS R/AT HOOINA APANAPPA STREET, CHICKBALLAPURA - 562 101.

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

(BY SRI. ABHINAV R, ADVOCATE)

AND:

SRI. K V PRASAD AGED ABOUT 54 YEARS S/O. VENKATAPATHI, R/AT KANDAVARA WARD NO.14, CHIKKABALLAPUR TOWN AND DISTRICT - 562 101.

…APPELLANT

2 - NC: 2025:KHC:35164 RSA No. 144 of 2025

HC-KAR

SMT. PADMASHREE AGED ABOUT 44 YEARS, D/O. VENKATAPATHI, R/AT STANDARD SPORT, MAHAKALI ROAD, WARD NO.14, CHIKKABALLAPURA - 562 101.

SMT. VENKATARAM, AGED ABOUT 49 YEARS D/O. GOPALAPPA, R/AT KANDAVARA WARD NO.14, CHIKKABALLAPURA TOWN AND DISTRICT, CHIKKABALLAPUR - 562 101.

SRI. VENUGOPAL AGED ABOUT 44 YEARS S/O. GOPALAPPA, R/AT KANDAVARA WARD NO.14, CHIKKABALLAPURA TOWN AND DISTRICT, CHIKKABALLAPURA - 562 101.

SRI. A. NARAYANSWAMY AGED ABOUT 44 YEARS, S/O.R.ANJINAPPA, R/AT AGALAGURKI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TOWN AND DISTRICT, CHIKKABALLAPUR - 562 101.

…RESPONDENTS

(BY SRI. T. SRINIVASAN, ADVOCATE)

THIS RSA ID FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.10.2024 PASSED IN RA.NO. 129/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKABALLAPURA. ALLOWING THE

3 - NC: 2025:KHC:35164 RSA No. 144 of 2025

HC-KAR

APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.10.2023 PASSED IN OS.NO.379/2021 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, CHIKKABALLAPURA.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Heard Sri.Abhinav R., learned counsel for the appellant and Sri.T.Srinivasan, learned counsel for

respondent No.2.

Present appeal is filed by the plaintiff

challenging the order of the First Appellate Court in reversing the judgment passed in O.S.No.379/2021.

It is submitted by learned counsel for the respondents that very same appellant has filed a suit for declaratory injunction in O.S.No.582/2024.

Since the said suit is a comprehensive suit and

if the appellant succeeds in the said suit, the findings

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NC: 2025:KHC:35164 RSA No. 144 of 2025

HC-KAR

recorded by the First Appellate Court in reversing the judgment passed by the Trial Court in O.S.No.379/2021 would be subservient to the decision in O.S.No.582/2024.

With that observation, present appeal stands

disposed of.

Further, the parties are at liberty to canvass all

possible points in their favour and finding recorded by both

the Trial Court and First Appellate Court shall not affect the rights of the parties.

Sd/(V SRISHANANDA) JUDGE

KAV

List No.: 1 Sl No.: 63 CT: BHK