Narayanappa Vs Sri Rangaswamy — Karnataka HC (2025) — LawSathi Research

Narayanappa Vs Sri Rangaswamy — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:33015 RSA No. 160 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.160 OF 2021 (INJ)

BETWEEN:

NARAYANAPPA S/O LATE CHOWDAHUCHAIAH, DIED REPT. BY HIS LRs.

1(a) SMT.NARASAMMA W/O NARAYANAPPA AGED ABOUT 60 YEARS

1(b) SMT.MANGALA GOWRI D/O NARAYANAPPA AGED ABOUT 45 YEARS

1(c) SRI MANJUNATHA S/O NARAYANAPPA AGED ABOUT 39 YEARS

Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA

1(d) SMT.MAMATHA KUMARI D/O NARAYANAPPA AGED ABOUT 33 YEARS

LR’s 1(a) to 1(d) RESIDING AT NO.34, 7^TH MAIN ROAD K.N.EXNTENSION YESHWANTHPURA BENGALURU- 560 022.

SMT. MANGALAMMA W/O. VENKATESHAPPA, AGED ABOUT 60 YEARS R/AT VENKATAPPANAPALYA VILLAGE,

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NC: 2025:KHC:33015 RSA No. 160 of 2021

HC-KAR

H/O AREKYATHANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK

SMT. THIMMAKKA W/O. RANGASWAMAIAH, AGED ABOUT 58 YEARS R/AT NO.77, 7^TH CROSS 6^TH MAIN, YESHAWANTHPURA, BANGALORE -22

SRI. CHALUVARAJU S/O. LATE CHIKKANNA, AGED ABOUT 60 YEARS R/AT NO. 3631, TALUK OFFICE ROAD, KACHERI PALYA, 20^TH DIVISION, DODDABALLAPURA TOWN, BANGALORE RURAL DISTRICT

SRI. NAGARAJU S/O LATE CHIKKANNA, AGED ABOUT 42 YEARS R/AT NO. 3631, TALUK OFFICE ROAD, KACHERI PALYA, 20^TH DIVISION, DODDABALLAPURA TOWN, BANGALORE RURAL DISTRICT

SRI. VENKATAGIRAIAH S/O. LATE CHOWDAHUCHAIAH, AGED ABOUT 70 YEARS

GIRIYAPPA S/O LATE CHOWDAHUCHAIAH, AGED ABOUT 78 YEARS

SRI. HUCHAIAH S/O LATE CHOWDAHUCHAIAH, AGED ABOUT 67 YEARS

3 - NC: 2025:KHC:33015 RSA No. 160 of 2021

HC-KAR

SRI. RAMAIAH S/O LATE. CHOWDAHUCHAIAH, AGED ABOUT 57 YEARS

SMT. JAYAMMA D/O LATE CHOWDAHUCHAIAH, AGED ABOUT 66 YEARS

SRI. HANUMATHARAYAPPA S/O LATE CHOWDAHUCHAIAH, AGED ABOUT 64 YEARS

ALL ARE RESIDING AT DASEGOWDANAPALYA VILLAGE, HAMLET OF NAGANAHALLI VILLAGE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT -562 127

…APPELLANTS

(BY SRI M.YOGESH FOR SRI. MANJUNATHA V, ADVOCATES)

AND:

SRI RANGASWAMY S/O LATE SANNAPILLAIAH, AGED ABOUT 62 YEARS R/AT DASEGOWDANAPALYA VILLAGE, H/O NAGANAHALLI VILLAGE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT-562 127,

…RESPONDENT

(BY SRI SARAVANA S, ADVOCATE)

THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 28.10.2019 PASSED IN RA.No.13/2014 (OLD No.136/2007) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.09.2007 PASSED IN OS.No.267/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, MAGADI.

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NC: 2025:KHC:33015 RSA No. 160 of 2021

HC-KAR

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL JUDGMENT

Learned counsel for the appellants filed a memo, which reads as under:

“The undersigned counsel for the appellants is herewith submits that the appellants have preferred suit for declaration against the respondent with regard to some suit schedule property in O.S.No.322/2012 before the Hon’ble Principal Civil Jude and JMFC, Magadi. The same may be taken on record and necessary orders may be passed in the interest of justice and equity.”

Placing the memo on record, appeal stands dismissed .

However, the judgment and decree which is subject matter of this appeal is to be treated as subservient to the judgment and decree to be passed in O.S.No.322/2012 which is

a comprehensive suit.

Sd/- (V SRISHANANDA) JUDGE

kcm List No.: 1 Sl No.: 43