Karnataka High Court
N. Chikkanna S/O Late Ningaiah vs Sri. Puttaswamy S/O Late Ningaiah on 26 April, 2013
Author: H.G.Ramesh
Bench: H.G.Ramesh
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RSA No.489/2011
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF APRIL 2013
BEFORE
THE HON'BLE MR.JUSTICE H.G.RAMESH
REGULAR SECOND APPEAL No.489 OF 2011
BETWEEN :
N. CHIKKANNA
S/O LATE NINGAIAH
AGED ABOUT 65 YEARS
R/AT NO.2744, 1ST CROSS
K.G. KOPPAL
CHAMARAJA MOHALLA
MYSORE-570001 ...APPELLANT
(BY SRI B.V. RAMAN & SRI M.N. NARENDRA,
ADVOCATES)
AND
SRI PUTTASWAMY
S/O LATE NINGAIAH
SINCE DEAD BY HIS LRS:
1. SMT. LAKSHMAMMA
W/OLATE PUTTASWAMY
AGED ABOUT 67 YEARS
2. SRI P. PAPANNA
S/O LATE PUTTASWAMY
MAJOR
BOTH R/AT NO.32, 4TH CROSS
4TH MAIN, JAYANAGARA
MYSORE-570001
3. SMT. PUTTAMMA
W/O LATE PUTTASWAMY
AGED ABOUT 55 YEARS
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RSA No.489/2011
4. SRI K.P.KRISHNA
S/O LATE PUTTASWAMY
AGED ABOUT 39 YEARS
5. SRI P. SIDDEGOWDA
S/O LATE PUTTASWAMY
AGED ABOUT 37 YEARS
6. SRI P. SIDDESH
S/O LATE PUTTASWAMY
AGED ABOUT 35 YEARS
7. SRI P. LOKESH
S/O LATE PUTTASWAMY
AGED ABOUT 29 YEARS
8. SMT. P. SUMA
D/O LATE PUTTASWAMY
AGED ABOUT 27 YEARS
9. SMT. P. UMA
D/O LATE PUTTASWAMY
AGED ABOUT 27 YEARS
10. SRI P.MAHENDRA
S/O LATE PUTTASWAMY
AGED ABOUT 25 YEARS
11. SRI P.SANTHOSH
S/O LATE PUTTASWAMY
AGED ABOUT 23 YEARS
12. SRI P.MAHESH
S/O LATE PUTTASWAMY
AGED ABOUT 21 YEARS
13. SMT. P.USHA
D/O LATE PUTTASWAMY
AGED ABOUT 20 YEARS
14. SMT. P.ASHA
D/O LATE PUTTASWAMY
AGED ABOUT 19 YEARS
RESPONDENTS ARE RESIDING AT:
YARAGANAHALLI VILLAGE
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RSA No.489/2011
JAYAPURA HOBLI, M.K.HALLI POST
MYSORE TALUK-570001
... RESPONDENTS
(BY SRI A.MADHUSUDHANA RAO, ADVOCATE FOR R3 TO R12
SERVICE OF NOTICE ON R1 & R2 HELD SUFFICIENT
V/O DTD. 21.10.2011, SERVICE OF NOTICE ON R13 &
R14 HELD SUFFICIENT V/O DTD. 3.10.2012)
THIS RSA IS FILED UNDER SEC. 100 OF CPC AGAINST
THE JUDGMENT AND DECREE DATED 4.10.2010 PASSED IN
R.A. NO.222/2003 ON THE FILE OF THE JUDGE, COURT OF
SMALL CAUSES, MYSORE, DISMISSING THE APPEAL AND
CONFIRMING THE JUDGMENT AND DECREE DTD. 28.05.2003
PASSED IN O.S. NO.208/95 ON THE FILE OF THE II CIVIL
JUDGE (JR.DN.) & JMFC, MYSORE.
THIS RSA COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
H.G.RAMESH, J. (Oral):
This is a plaintiff's second appeal. The suit filed for declaration and for possession of the suit property measuring 1 acre 28 ½ guntas was dismissed by the trial Court on the ground of resjudicata. The matter was carried to the lower appellate Court. The lower appellate Court, on a reappreciation of the evidence on record, has affirmed the judgment of the trial Court. Concurrent findings by both the Courts. In my opinion, the finding recorded by both the Courts that -4- RSA No.489/2011 the suit was barred by resjudicata is correct as in the previous suit in O.S. No.204/1988 which was filed by the appellant, the Court had held that the plaintiff did not prove his title to the present plaint schedule property. In my opinion, no substantial question of law arises for determination in this second appeal. No ground to admit the appeal. The appeal is accordingly dismissed.
Appeal dismissed.
Sd/-
JUDGE BNS