Karnataka High Court
Srinivasa Murthy K R vs Smt H Anuradha on 1 October, 2024
-1-
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
REGULAR FIRST APPEAL NO. 434 OF 2024 (DEC/INJ)
C/W
REGULAR FIRST APPEAL NO. 440 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 446 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 450 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 453 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 456 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 458 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 459 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 460 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 461 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 462 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 466 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 467 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 470 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 471 OF 2024 (DEC)
REGULAR FIRST APPEAL NO. 473 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 474 OF 2024 (DEC/INJ)
Digitally signed
by ALBHAGYA REGULAR FIRST APPEAL NO. 479 OF 2024 (DEC/INJ)
Location: HIGH REGULAR FIRST APPEAL NO. 480 OF 2024 (DEC/INJ)
COURT OF REGULAR FIRST APPEAL NO. 481 OF 2024 (DEC/INJ)
KARNATAKA REGULAR FIRST APPEAL NO. 482 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 539 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 679 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 697 OF 2024 (DEC/INJ)
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REGULAR FIRST APPEAL NO. 744 OF 2024 (DEC/INJ)
REGULAR FIRST APPEAL NO. 745 OF 2024 (DEC/INJ)
-2-
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
IN RFA NO. 434/2024
BETWEEN:
JYOTHI V. NAYAK,
W/O SRI. VINAYAK D. NAYAK,
AGED ABOUT 46 YEARS,
RESIDING AT NO.91,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
-3-
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
-4-
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
-5-
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI, BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
-6-
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
-8-
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 440/2024:
BETWEEN:
JAGADEESH .N .S,
S/O SRI. SAGANI RANGAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT NO.120
18th MAIN , RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2nd STAGE,
BENGALURU -560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
-9-
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
- 10 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
- 11 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
- 12 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
- 13 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD,
2ND STAGE,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
IN RFA No. 446/2024:
BETWEEN:
Y. M. SHIVASHANKARAIAH,
S/O SRI. MAHALINGE GOWDA,
AGED ABOUT 51 YEARS,
RESIDING AT NO. 122,
18TH MAIN, RAGAHVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
- 15 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI,
YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
- 16 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR, BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
- 17 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI, BENGALAURU-560 058.
- 18 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI, BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
- 19 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
- 20 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, SET ASIDE THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
IN RFA No. 450/2024:
BETWEEN:
PANCHAKSHARI .P .S,
S/O SRI. SHIVALINGAIAH,
AGED ABOUT 51 YEARS,
RESIDING AT NO.120,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
- 21 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
- 22 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS,
- 23 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
- 24 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI, BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
- 25 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
- 26 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, SET ASIDE THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
IN RFA No. 453/2024:
BETWEEN:
SRI. SIDDESHWARAPPA .K .A,
S/O SRI. ANANDA MURTHY .K .G,
AGED ABOUT 50 YEARS,
RESIDING AT NO. 81
18th MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA,
- 27 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
PEENYA 2nd STAGE,
BENGALURU -560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
- 28 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
- 29 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
- 30 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI, BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
- 31 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
- 32 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM,
BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
- 33 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
IN RFA No. 456/2024:
BETWEEN:
LAKSHMI .G,
W/O SRI. VIBIN .V NAIR,
AGED ABOUT 30 YEARS,
RESIDING AT NO. 106
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
- 34 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
- 35 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
- 36 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI, BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
- 37 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
- 38 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
- 39 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, SET ASIDE THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
IN RFA No. 458/2024:
BETWEEN:
SRI. HANUMESH,
S/O SRI. HANUMANTHAIAH,
AGED ABOUT 37 YEARS,
NO. 113/1, 18th MAIN, RAGHVENDRA LAYOUT,
THIGALAPALYA, PEENYA 2nd STAGE,
BENGALURU -560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
- 40 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
- 41 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
- 42 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI, BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
- 43 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
- 44 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
- 45 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
IN RFA No. 459/2024:
BETWEEN:
K. DANDAPANI,
S/O SRI. KUPPUSWAMY,
AGED ABOUT 45 YEARS,
RESIDING AT NO. 123,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA,
PEENYA 2ND STAGE,
BENGALURU - 560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
- 46 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI,
YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
- 47 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
- 48 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
- 49 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
- 50 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
- 51 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
IN RFA No. 460/2024:
BETWEEN:
GEETA .U NAYAK,
W/O SRI. DR. U. G. NAYAK,
AGED ABOUT 62 YEARS,
RESIDING AT NO.105,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
- 52 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
- 53 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
- 54 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI, BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
- 55 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
- 56 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
- 57 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 461/2024:
BETWEEN:
1. D. N. V. JOIS,
S/O SRI. LATE D.A. NARAYANA,
AGED ABOUT 54 YEARS,
2. S. JAYASHREE,
W/O SRI. D.N.V. JOIS
AGED ABOUT 46 YEARS
R/AT NO. 100, 18th A CROSS,
RAGHAVENDRA LAYOUT, THIGALARAPALYA,
PEENYA 2nd STAGE, BENGALURU -560 058.
...APPELLANTS
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
- 58 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
- 59 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
- 60 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST,
KALAMMA TEMPLE STREET,
BENGALURU-560 021.
- 61 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI, BENGALURU-560 057.
- 62 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
- 63 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 462/2024:
BETWEEN:
BHIMARAO .S MELSHETTY,
S/O SRI. SIDDARAMAPPA MESHETTY,
AGED ABOUT 47 YEARS,
RESIDING AT NO. 72
18th MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA,
- 64 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
PEENYA 2nd STAGE,
BENGALURU- 560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
- 65 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
- 66 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
- 67 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
- 68 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
- 69 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
- 70 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
IN RFA No. 466/2024:
BETWEEN:
SMT. G. PREMA LEELA,
W/O SRI. S. V. JAYANNA,
AGED ABOUT 47 YEARS,
RESIDING AT NO. 117,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
- 71 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
- 72 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
- 73 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI, BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
- 74 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
- 75 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
- 76 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 467/2024:
BETWEEN:
RAMESH .L,
S/O SRI. LATE LINGAYYA,
AGED ABOUT 53 YEARS,
RESIDING AT NO.74/1,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
- 77 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
- 78 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
- 79 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
- 80 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
- 81 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM,
BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
- 82 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 470/2024:
BETWEEN:
KOMALAKSHMI,
W/O SIDDALINGAYYA,
AGED ABOUT 56 YEARS,
RESIDING AT NO.80,
18th MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2nd STAGE,
BENGALURU- 560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
- 83 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
- 84 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
- 85 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
- 86 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
- 87 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
- 88 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 471/2024:
BETWEEN:
S. JENUKALLAPPA,
S/O SRI. M. B. SIDDAPPA,
AGED ABOUT 50 YEARS,
RESIDING AT NO. 21,
18th MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA,
PEENYA 2nd STAGE,
BENGALURU- 560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
- 89 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
- 90 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
- 91 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
- 92 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI, BENGALURU-560 057.
- 93 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
- 94 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD, MALLESHWARAM,
BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, SET ASIDE THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
IN RFA No. 473/2024:
BETWEEN:
B. R. MOHAN KUMAR,
S/O RANGAPPA SHETTY,
AGED ABOUT 51 YEARS,
R/AT NO. 37, 18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
- 95 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
- 96 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
- 97 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
- 98 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
- 99 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
- 100 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 474/2024:
BETWEEN:
SRI. HANUMESH,
S/O SRI. HANUMANTHAIAH,
AGED ABOUT 37 YEARS,
RESIDING AT NO. 162,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA,
- 101 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
PEENYA 2ND STAGE,
BENGALURU - 560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
- 102 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
- 103 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK, BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
- 104 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST,
KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE, BENGALURU-560 058.
- 105 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
- 106 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
- 107 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
IN RFA No. 479/2024:
BETWEEN:
BASAVARAJ
S/O LATE BHADRAIAH,
AGED ABOUT 44 YEARS,
RESIDING AT NO. 124,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
- 108 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
- 109 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
- 110 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
- 111 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
- 112 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
- 113 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 480/2024:
BETWEEN:
1. SRINIVASA MURTHY .K.R,
S/O K.T. RAMESH
AGED ABOUT 60 YEARS
2. RAVIKIRAN .K.S,
S/O SRINIVASA MURTHY .K.R,
AGED ABOUT 39 YEARS,
RESIDING AT NO.36,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA,
PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANTS
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
- 114 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
- 115 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
- 116 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
- 117 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
- 118 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
- 119 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 481/2024:
BETWEEN:
SRI. CHOLAYYA SALIMATH,
S/O RACHAYYA SALIMATH,
AGED ABOUT 37 YEARS,
RESIDING AT NO. 118,
18TH MAIN , RAGHVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
- 120 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI,
YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
- 121 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
- 122 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST,
KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
- 123 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
- 124 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
- 125 -
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RFA No. 434 of 2024
AND CONNECTED MATTERS
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM,
BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 482/2024:
BETWEEN:
L.P. RAME GOWDA,
S/O SRI. LATE L.K. PUTTESWAMY GOWDA,
AGED ABOUT 54 YEARS,
RESIDING AT NO. 122/1,
18th MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA,
- 126 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
PEENYA 2nd STAGE,
BENGALURU- 560 058
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
- 128 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
- 129 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST,
KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE, BENGALURU-560 058.
- 130 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
- 131 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, SET ASIDE THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU.
- 132 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
IN RFA No. 539/2024:
BETWEEN:
M. RAMESH,
S/O MUDALAGIRIYAPPA,
AGED ABOUT 54 YEARS,
R/AT NO. 30, 18TH MAIN,
RAGHAVENDRA LAYOUT, THIGALARAPALYA,
PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
- 133 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
- 134 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
- 135 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
- 136 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
- 137 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
- 138 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 679/2024:
BETWEEN:
K. C. LAKSHMI DEVAMMA,
W/O M.T. KRISHNA,
AGED ABOUT 66 YEARS,
RESIDING AT NO.2,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALAY, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
- 139 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
- 140 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR, BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
- 141 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
- 142 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE, BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
- 143 -
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RFA No. 434 of 2024
AND CONNECTED MATTERS
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM,
BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
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RFA No. 434 of 2024
AND CONNECTED MATTERS
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
INJUNCTION.
IN RFA No. 697/2024:
BETWEEN:
G.M. VIJAYAKUMAR,
S/O N.G. MAHALINGAPPA,
AGED ABOUT 71 YEARS,
RESIDING AT NO.119 AND 120,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU - 560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
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RFA No. 434 of 2024
AND CONNECTED MATTERS
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
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RFA No. 434 of 2024
AND CONNECTED MATTERS
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
- 150 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
IN RFA No. 736/2024:
BETWEEN:
SHIVAKUMAR .M,
S/O MUNIYAPPA,
AGED ABOUT 33 YEARS,
R/AT NO. 27, 18TH MAIN,
RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENAY 2ND STAGE
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
- 151 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
- 154 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM,
BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
- 156 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
IN RFA No. 744/2024:
BETWEEN:
SRI. D. GOVINDARAJU,
S/O LATE DASAPPA,
AGED ABOUT 51 YEARS,
- 157 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
RESIDING AT NO 20,
18TH MAIN, RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
- 158 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
DASARAHALLI,
BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI,
YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR, BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
- 159 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
- 160 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST,
KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI,
BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
IN RFA No. 745/2024:
BETWEEN:
GIRISH B.S.,
S/O SHANKARAPPA .B.S,
AGED ABOUT 38 YEARS,
RESIDING AT 34, 18TH MAIN,
RAGHAVENDRA LAYOUT,
THIGALARAPALYA, PEENYA 2ND STAGE,
BENGALURU-560 058.
...APPELLANT
(BY SRI. SRINIVASAN RAO .C .N, ADVOCATE)
AND:
1. SMT. H. ANURADHA,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 52 YEARS,
2. SRI. H. SATISH,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 48 YEARS,
3. SMT. H. LAKSHMI,
D/O LATE HANUMANTHARAYA SETTY,
AGED ABOUT 45 YEARS,
4. SRI. B.N.SUBRAMANI,
S/O B.S. NARAYANA SETTY,
AGED ABOUT 50 YEARS,
R1 TO R4 ARE
LR'S OF PLAINTIFF NO.1 H. MUNIRATHNAMMA
AND PLAINTIFF NO.2 SMT. H. SHAKUNTHALA
ALL ARE RESIDING AT NO.977,
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RFA No. 434 of 2024
AND CONNECTED MATTERS
ITI SOCIETY LAYOUT, PAPREDDY PALYA,
BENGALURU-560 072.
5. SRI. SHRISHA.R. BHATTA,
MAJOR IN AGE,
S/O LATE VADIRAMANDA BHATTA,
RESIDING AT HESARAGHATTA ROAD,
DASARAHALLI, BENGALURU-560 057.
6. SRI.CHIKKA SIDDARAMAIH,
S/O LATE DODDARAMAIAH,
MAJOR IN AGE,
R/O ANDRAHALLI, YESWANTHAPURA HOBLI,
BENGALURU-560 091.
7. SRI. PYGA DODDA MUNISWAMY,
AGED MAJOR,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA,
BENGALURU-560 010.
8. SHRI. K.M. KRISHNAPPA,
S/O LATE RAJANNA,
AGED ABOUT 76 YEARS,
9. SHRI. MADHU,
S/O LATE RAJANNA,
AGED ABOUT 44 YEARS,
10 . SHRI. MURALI,
S/O LATE RAJANNA,
AGED ABOUT 40 YEARS,
R8 TO R10 ARE RESIDING AT
R/A NO.126, 13TH CROSS,
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RFA No. 434 of 2024
AND CONNECTED MATTERS
I 'K' BLOCK, KETHAMARANAHALLI,
RAJAJINAGAR
BENGALURU-560 010.
11 . SRI. JAYARAMA,
AGED ABOUT 46 YEARS,
12 . SRI. DODDABYANNA,
AGED ABOUT 41 YEARS,
13 . SRI. CHIKKABYANNA,
AGED ABOUT 36 YEARS,
R11 TO R13 ARE ALL
SONS OF LATE DODDABAYNNA,
RESIDING AT NO. 17/1K,
LAKSHMINILAYA, 11TH CROSS, 1ST BLOCK,
RAJAJINAGARA, BENGALURU-560 011.
14 . SRI. T.G. NARAYANASWAMY,
AGED MAJOR,
S/O GANGANNA,
R/O THEERATHAPURA VILLAGE,
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU - 560 022.
15 . SHRI. RAJENDRA .G,
S/O LATE C. GOVINDARAJU,
AGED ABOUT 59 YEARS,
R/AT NO.399, 5TH MAIN ROAD,
VENKATESHWARA SANITARY,
KALAMMA TEMPLE STREET,
SRIRAMAPURA, MARIYAPPANA PALYA,
BENGALURU-560 021.
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
16 . SRI. SRINIVASA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 85 YEARS,
RESIDING AT MARIYAPPANAPLAYA,
SRIRAMPURA, KALMMA TEMPLE STREET,
BENGALURU-560 021.
17 . SRI. RAMAKRISHNA,
S/O ANNAMALAI MUDALIAR,
AGED ABOUT 76 YEARS,
RESIDING AT Q-10, MARIYAPPANAPLAYA,
SRIRAMPURA POST, KALAMMA TEMPLE STREET,
BENGALURU-560 021.
18 . SRI. SADASHIVAIAH,
AGED MAJOR, S/O PARANNA
RESIDING AT KARIVOBANAHALLI,
YESWANTHAPURA HOBLI,
BENGALAURU-560 058.
19 . SRI.T. RAMEGOWDA,
AGED MAJOR,
S/O LATE DASEGOWDA,
RESIDING AT SHIVAPURA VILLAGE,
PEENYA INDUSTRIAL AREA,
YESWANTAPURA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU-560 058.
20 . SMT. KANNIKAMBA,
W/O LATE VENAKATARAMAIAH,
AGED ABOUT 86 YEARS,
21 . SRI. KRISHNAMURTHY,
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RFA No. 434 of 2024
AND CONNECTED MATTERS
S/O LATE VENAKATARAMAIAH,
AGED ABOUT 55 YEARS,
R20 AND R21 ARE RESIDING AT
NO. 18. KRISHNA KRUPA
SHOE LAND BLINDING,
1ST FLOOR, NEAR SHIVA TEMPLE,
RAJAGOPALANAGARA MAIN ROAD,
PEENYA 2ND STAGE
BENGALURU-560 058.
22 . SRI. MUNISWAMAIAH,
S/O GARUDAPPA,
MAJOR-IN-AGE,
RESIDING AT T.DASARAHALLI,
BENGALURU-560 057.
23 . SRI.CHIKKAMUNISHAMA BOVI,
S/O DODDAMUNISWAMYA BOVI,
MAJOR-IN-AGE,
R/ AT SUDDAGUNATEPALYA VILLAGE,
YESWANATHAPURA HOBLI, BENGALURU-560 022.
24 . SMT. LAKSHMAMMA,
W/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 71 YEARS,
25 . SRI. K. L. BABU,
S/O LATE K.N.LAKSHMAIAH,
AGED BOUT 51 YEARS,
26 . SRI. K. L. SATISH,
S/O LATE K.N.LAKSHMAIAH,
AGED ABOUT 53 YEARS,
R23 TO R25 ALL ARE RESIDING AT
NO.59, 10TH 'A' CROSS,
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NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
WEST OF CORD ROAD, 2ND STAGE,
MAHALAKSHMIPURAM, BENGALURU-560 086.
27 . SRI. K. N. VENKATESH,
S/O NANJAPPA,
MAJOR-IN AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU-560 010.
28 . SRI. K.N.CHOWDAPPA,
S/O NANJAPPA,
MAJOR-IN-AGE,
R/O KETHAMARANAHALLI,
1ST BLOCK, RAJAJINAGARA, BENGALURU -560 010.
29 . SRI. R.VENUGOPALA REDDY,
S/O LATE N.RAMALINGA REDDY
AGED ABOUT 67 YEARS,
R/A NO.181, LINK ROAD,
MALLESHWARAM, BENGALURU-560 003.
THE PLAINTIFF NO. 1(A) H. MUNIRATHNAMMA DIED LEAVING BEHIND HER LRs
NAMELY 1. SMT. H. SHAKUNTHALA, 2. SMT. H. ANURADHA, 3. SHRI. H. SATISH
AND 4. SMT. H. LAKSHMI WHO ARE PLAINTIFFS NO. 2 TO 5 RESPECTIVELY.
AMONG THE SAID LRs PLAINTIFF NO. 2 SMT. H. SHANKUNTHALA ALSO DIED.
THE LRs OF H. MUNIRATHNAMMA AND SMT. H. SHAKUNTHALA ARE
RESPONDENTS NO. 1 TO 3 HEREIN.
THE PLAINTIFF NO.6 - B.S. NARAYANA SETTY DIED AND HIS LR IS ALREADY ON
RECORD AS PLAINTIFF NO. 7 - RESPONDENT NO.4.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. D.P. MAHESH, SRI. HARSHITH .B.S, SRI.KIRAN,
ADVOCATES FOR R1 TO R4;
V/O DT:1.10.2024 NOTICE TO R5 TO R29 ARE D/W)
- 169 -
NC: 2024:KHC:40999
RFA No. 434 of 2024
AND CONNECTED MATTERS
THIS RFA IS FILED UNDER ORDER 41 RULE 1 READ WITH
SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE
DATED 08.04.2014 PASSED IN OS.NO.6045/1989 ON THE FILE
OF THE VIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BENGALURU, DECREEING THE SUIT FOR DECLARATION AND
PERMANENT INJUNCTION.
THESE APPEALS COMING ON FOR FURTHER HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
In the light of the fact that the Regular First Appeal No.969/2014 and connected Appeals filed by the defendants has been allowed, and the plaintiffs' suit has been dismissed, the present appeals filed by the subsequent transferees also deserve to be allowed. The judgment rendered by this Court in RFA.No.969/2014 establishes that the plaintiffs' claims were legally unsustainable, both on the grounds of limitation and for their failure to plead material facts with specificity as required under Order 6 Rule 4 of the CPC. Moreover, the plaintiffs did not challenge the alienation of the suit properties by their maternal uncle, nor did they follow the proper legal channels for setting aside the sale deeds under Sections 31 and 34 of the Specific Relief Act, 1963. Given that the trial Court's judgment
- 170 -
NC: 2024:KHC:40999 RFA No. 434 of 2024 AND CONNECTED MATTERS was flawed in both its legal analysis and evidentiary assessment, the dismissal of the suit fundamentally alters the legal status of the subsequent purchasers, who acquired title through the defendants.
2. Consequently, these connected appeals, filed by the subsequent transferees, who are bona fide purchasers must be allowed. The appeals demonstrate that the plaintiffs' suit was barred by limitation under Section 3 of the Limitation Act, and no substantive relief can be granted to them. As the trial Court's judgment has now been overturned, all the connected appeals are to be disposed of in accordance with the judgment and decree rendered by this Court in RFA.No.969/2014. This decision not only restores the legal rights of the defendants and the subsequent transferees but also ensures that justice is served by recognizing the rights of bona fide purchasers who have acquired the properties lawfully.
3. Accordingly, all these appeals are allowed, and the plaintiffs' suit is dismissed in its entirety.
SD/-
(SACHIN SHANKAR MAGADUM) JUDGE CA/List No.: 4 Sl No.: 3