Karnataka High Court
Smt Puttamma vs Basava Setty on 20 June, 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2019
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
R.S.A.No.1304/2008
C/W
R.S.A.NOs.1305/2008, 1306/2008, 1308/2008, 1309/2008,
1310/2008 AND 1311/2008
R.S.A No.1304/2008:
BETWEEN:
1.SMT. PUTTAMMA
W/O LATE RANGASWAMY SETTY,
2.GOVINDASRAJU
S/O LATE RANGASWAMY SETTY,
BOTH ARE RESIDING AT
DODDAMOLE VILLAGE
CHANDAKAVADI HOBLI
CHAMARAJANGAR TALUK
CHAMARAJANGAR
DISTRICT- 571 313.
...APPELLANTS
(BY SRI G R ANANTHARAM, FOR
SRI K SRIDHAR, ADVOCATE)
AND:
1.BASAVA SETTY
MAJOR,
S/O RANGA SETTEE
2.NANJASETTY
SINCE DECEASED BY HIS LRs
2
2(a) SMT.CHINNAMMA
AGED ABOUT 65 YEARS
W/O LATE NANJASETTY.
2(b) SMT.SUKANYA
AGED ABOUT 43 YEARS
D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA
AGED ABOUT 40 YEARS
D/O LATE NANJASETTY.
2(d) SRI NANJUNDA
AGED ABOUT 38 YEARS
S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA
AGED ABOUT 35 YEARS
D/O LATE NANJASETTY.
2(f) SRI KRISHNA
AGED ABOUT 25 YEARS
S/O LATE NANJASETTY.
ALL ARE RESIDING
C/O M SIDDASETTY
KODIMOLE VILLAGE
CHANDAKAVADI HOBLI
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR
DISTRICT - 571 342.
3.RANGASWAMASETTY
SINCE DECEASED BY HIS LRs
3(a) SMT.BANGARAMMA
AGED ABOUT 43 YEARS
D/O LATE RANGASWAMYSETTY.
3
3(b) SMT.JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI MANJU.
3(c) SMT.SAROJA
AGED ABOUT 28 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SWAMY.
3(d) SMT.VIJAYA
AGED ABOUT 26 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SHANKARA.
3(a) to 3(d) RESIDING AT
DODDAMOLE VILLAGE,
CHANDAKAVADI HOBLI
CHAMARAJANGAR TALUK
CHAMARAJANGAR
DISTRICT- 571 313.
4.CHANNASETTY
MAJOR,
S/O RANGA SETTY
ALL ARE RESIDENTS OF
CHENNIPURADAMOLE VILLAGE,
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR R1 & R4
VIDE COURT ORDER DATED.26.4.19
R2(e) IS SERVICE HELD SUFFICIENT
R2(a-d & f) ARE SERVED & UNREPRESENTED
R3(a-d) ARE SERVED & UNREPRESENTED)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN
RA.No.17/2007 ON THE FILE OF THE ADDL.DISTRICT AND
4
SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT,
CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001
PASSED IN OS.No.6/1988 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
R.S.A No.1305/2008:
BETWEEN:
1.SRI VENKATARANGA
AGED ABOUT 65 YEARS,
S/O SRI RANGANAIKA
RESIDING AT KANNAGALA VILLAGE,
SANTHEMARAHALLI HOBLI,
CHAMARAJANGAR TALUK,
CHAMARAJANGAR DISTRICT - 571 313.
*2.SMT.PUTTAMMA, W/O LATE RANGASWAMY SETTY
AGED ABOUT 70 YEARS, R/AT DODDAMOLE VILLAGE
CHAMARAJANAGAR TALUK
CHAMRAJANAGAR DISTRICT - 571 313.
...APPELLANTS
(BY SRI G R ANANTHARAM, FOR
SRI K SRIDHAR, ADVOCATE)
AND:
1.BASAVA SETTY
MAJOR,
S/O RANGA SETTEE
R/AT CHENNIPURADAMOLE VILLAGE,
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR DISTRICT.
2.NANJASETTY
SINCE DECEASED BY HIS LRs
2(a) SMT.CHINNAMMA
AGED ABOUT 65 YEARS
W/O LATE NANJASETTY.
2(b) SMT.SUKANYA
AGED ABOUT 43 YEARS
*Inserted & Retyped vide court order
dated 11.07.2019.
5
D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA
AGED ABOUT 40 YEARS
D/O LATE NANJASETTY.
2(d) SRI NANJUNDA
AGED ABOUT 38 YEARS
S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA
AGED ABOUT 35 YEARS
D/O LATE NANJASETTY.
2(f) SRI KRISHNA
AGED ABOUT 25 YEARS
S/O LATE NANJASETTY.
ALL ARE RESIDING
C/O M SIDDASETTY
KODIMOLE VILLAGE
CHANDAKAVADI HOBLI
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR
DISTRICT - 571 342.
3.RANGASWAMASETTY
SINCE DECEASED BY HIS LRs
3(a) SMT.PUTTAMMA
MAJOR,
W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU
MAJOR,
S/O LATE RANGASWAMYSETTY
3(c) SMT.BANGARAMMA
AGED ABOUT 43 YEARS
D/O LATE RANGASWAMYSETTY.
6
3(d) SMT.JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI MANJU.
3(e) SMT.SAROJA
AGED ABOUT 28 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SWAMY.
3(f) SMT.VIJAYA
AGED ABOUT 26 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE
VILLAGE, CHANDAKAVADI HOBLI
CHAMARAJANGAR TALUK
CHAMARAJANGAR
DISTRICT- 571 313.
4. CHANNASETTY
MAJOR,
S/O RANGA SETTY
ALL ARE RESIDENTS OF
CHENNIPURADAMOLE VILLAGE,
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR R1 & R4
VIDE COURT ORDER DATED.26.4.19
R2(e) IS SERVICE HELD SUFFICIENT
R2(a-d & f) ARE SERVED & UNREPRESENTED
R3(a-f) ARE SERVED & UNREPRESENTED)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN
RA.No.13/2007 ON THE FILE OF THE ADDL.DISTRICT AND
7
SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK
COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE
APPEAL FILED AGAINST THE JUDGMENT AND DECREE
DATED 06.06.2001 PASSED IN OS.No.141/1989 ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
JMFC., CHAMARAJANAGAR.
R.S.A No.1306/2008:
BETWEEN:
SMT.RANGAMMANI
MAJOR,
W/O SRI R MAHADEVASHETTY
RESIDING AT CHANDEEKATTER
MOLE VILLAGE, HARADANAHALLI
HOBLI, CHAMARAJANAGAR TALUK
CHAMAJANAGAR DISTRICT.
...APPELLANT
(BY SRI G R ANANTHARAM, FOR
SRI K SRIDHAR, ADVOCATE)
AND:
1.BASAVA SETTY
MAJOR,
S/O RANGA SETTEE
2.NANJASETTY
SINCE DECEASED BY HIS LRs
2(a) SMT.CHINNAMMA
AGED ABOUT 65 YEARS
W/O LATE NANJASETTY.
2(b) SMT.SUKANYA
AGED ABOUT 43 YEARS
D/O LATE NANJASETTY.
8
2(c) SMT.GUNDAMMA
AGED ABOUT 40 YEARS
D/O LATE NANJASETTY.
2(d) SRI NANJUNDA
AGED ABOUT 38 YEARS
S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA
AGED ABOUT 35 YEARS
D/O LATE NANJASETTY.
W/O SRI RACHA.
2(f) SRI KRISHNA
AGED ABOUT 25 YEARS
S/O LATE NANJASETTY.
ALL ARE RESIDING
C/O M SIDDASETTY
KODIMOLE VILLAGE
CHANDAKAVADI HOBLI
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR
DISTRICT - 571 342.
3.RANGASWAMASETTY
SINCE DECEASED BY HIS LRs
3(a) SMT.PUTTAMMA
MAJOR,
W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU
MAJOR,
S/O LATE RANGASWAMYSETTY
3(c) SMT.BANGARAMMA
AGED ABOUT 43 YEARS
D/O LATE RANGASWAMYSETTY.
9
3(d) SMT.JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI MANJU.
3(e) SMT.SAROJA
AGED ABOUT 28 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SWAMY.
3(f) SMT.VIJAYA
AGED ABOUT 26 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE
VILLAGE, CHANDAKAVADI HOBLI
CHAMARAJANGAR TALUK
CHAMARAJANGAR
DISTRICT- 571 313.
4. CHANNASETTY
MAJOR,
S/O RANGA SETTY
ALL ARE RESIDENTS OF
CHENNIPURADAMOLE VILLAGE,
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR R1 & R4
VIDE COURT ORDER DATED.26.4.19
R2(e) IS SERVICE HELD SUFFICIENT
R2(a-d & f) ARE SERVED & UNREPRESENTED
R3(a-f) ARE SERVED & UNREPRESENTED)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN
RA.No.10/2007 ON THE FILE OF THE ADDL.DISTRICT AND
10
SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK
COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE
APPEAL FILED AGAINST THE JUDGMENT AND DECREE
DATED 06.06.2001 PASSED IN OS.No.211/1989 ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
JMFC., CHAMARAJANAGAR.
R.S.A No.1308/2008:
BETWEEN:
1. SRI H N SRINIVASA HEBBARA
AGED ABOUT 49 YEARS
S/O SRI SHIMHA HEBBAR
RESIDING AT
CHAMARAJANAGAR TOWN
CHAMRAJANAGAR DISTRICT - 571 313.
2. SMT. PUTTAMMA
W/O LATE RANGASWAMASETTY
AGED ABOUT 70 YEARS
RESIDENT OF DODDAMOLE VILLAGE
CHAMARAJANAGAR TALUK
CHAMRAJANAGAR DISTRICT - 571 313.
...APPELLANTS
(BY SRI G R ANANTHARAM, FOR
SRI K SRIDHAR, ADVOCATE)
AND:
1.BASAVA SETTY
MAJOR,
S/O RANGA SETTEE
2.NANJASETTY
SINCE DECEASED BY HIS LRs
2(a) SMT.CHINNAMMA
AGED ABOUT 65 YEARS
11
W/O LATE NANJASETTY.
2(b) SMT.SUKANYA
AGED ABOUT 43 YEARS
D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA
AGED ABOUT 40 YEARS
D/O LATE NANJASETTY.
2(d) SRI NANJUNDA
AGED ABOUT 38 YEARS
S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA
AGED ABOUT 35 YEARS
D/O LATE NANJASETTY.
2(f) SRI KRISHNA
AGED ABOUT 25 YEARS
S/O LATE NANJASETTY.
ALL ARE RESIDING
C/O M SIDDASETTY
KODIMOLE VILLAGE
CHANDAKAVADI HOBLI
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR
DISTRICT - 571 342.
3.RANGASWAMASETTY
SINCE DECEASED BY HIS LRs
3(a) SMT.PUTTAMMA
MAJOR,
W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU
MAJOR,
S/O LATE RANGASWAMYSETTY
12
3(c) SMT.BANGARAMMA
AGED ABOUT 43 YEARS
D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI MANJU.
3(e) SMT.SAROJA
AGED ABOUT 28 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SWAMY.
3(f) SMT.VIJAYA
AGED ABOUT 26 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE
VILLAGE, CHANDAKAVADI HOBLI
CHAMARAJANGAR TALUK
CHAMARAJANGAR
DISTRICT- 571 313.
4. CHANNASETTY
MAJOR,
S/O RANGA SETTY
ALL ARE RESIDENTS OF
CHENNIPURADAMOLE VILLAGE,
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR R1 & R4
VIDE COURT ORDER DATED.26.4.19
R2(e) IS SERVICE HELD SUFFICIENT
R2(a-d & f) ARE SERVED & UNREPRESENTED
13
R3(a-f) ARE SERVED & UNREPRESENTED)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN
RA.No.12/2007 ON THE FILE OF THE ADDL.DISTRICT AND
SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK
COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE
APPEAL FILED AGAINST THE JUDGMENT AND DECREE
DATED 06.06.2001 PASSED IN OS.No.134/1989 ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
JMFC., CHAMARAJANAGAR.
R.S.A No.1309/2008:
BETWEEN:
1. SRI K R KRISHNAMURTHY
MAJOR
S/O SRI K RAMAHCHANDRAIAH
RESIDING AT BRAMARAMBA EXTENSION
1ST CROSS,
CHAMARAJANAGAR TOWN
CHAMRAJANAGAR DISTRICT - 571 313.
2. SMT. PUTTAMMA
W/O LATE RANGASWAMASETTY
AGED ABOUT 70 YEARS
RESIDENT OF DODDAMOLE VILLAGE
CHAMARAJANAGAR TALUK
CHAMRAJANAGAR DISTRICT - 571 313.
...APPELLANTS
(BY SRI G R ANANTHARAM, FOR
SRI K SRIDHAR, ADVOCATE)
AND:
1.BASAVA SETTY
MAJOR,
S/O RANGA SETTEE
14
2.NANJASETTY
SINCE DECEASED BY HIS LRs
2(a) SMT.CHINNAMMA
AGED ABOUT 65 YEARS
W/O LATE NANJASETTY.
2(b) SMT.SUKANYA
AGED ABOUT 43 YEARS
D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA
AGED ABOUT 40 YEARS
D/O LATE NANJASETTY.
2(d) SRI NANJUNDA
AGED ABOUT 38 YEARS
S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA
AGED ABOUT 35 YEARS
D/O LATE NANJASETTY.
W/O SRI RACHA
2(f) SRI KRISHNA
AGED ABOUT 25 YEARS
S/O LATE NANJASETTY.
ALL ARE RESIDING
C/O M SIDDASETTY
KODIMOLE VILLAGE
CHANDAKAVADI HOBLI
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR
DISTRICT - 571 342.
3.RANGASWAMASETTY
SINCE DECEASED BY HIS LRs
15
3(a) SMT.PUTTAMMA
MAJOR,
W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU
MAJOR,
S/O LATE RANGASWAMYSETTY
3(c) SMT.BANGARAMMA
AGED ABOUT 43 YEARS
D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI MANJU.
3(e) SMT.SAROJA
AGED ABOUT 28 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SWAMY.
3(f) SMT.VIJAYA
AGED ABOUT 26 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE
VILLAGE, CHANDAKAVADI HOBLI
CHAMARAJANGAR TALUK
CHAMARAJANGAR
DISTRICT- 571 313.
4. CHANNASETTY
MAJOR,
S/O RANGA SETTY
ALL ARE RESIDENTS OF
CHENNIPURADAMOLE VILLAGE,
CHAMARAJANAGAR TALUK,
16
CHAMARAJANGAR DISTRICT- 571 313.
... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR R1 & R4
VIDE COURT ORDER DATED.26.4.19
R2(e) IS SERVICE HELD SUFFICIENT
R2(a-d & f) ARE SERVED & UNREPRESENTED
R3(a-f) ARE SERVED & UNREPRESENTED)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN
RA.No.124/2007 ON THE FILE OF THE ADDL.DISTRICT
AND SESSIONS JUDGE, PRESIDING OFFICER, FAST
TRACK COURT, CHAMARAJANAGAR, PARTLY ALLOWING
THE APPEAL FILED AGAINST THE JUDGMENT AND
DECREE DATED 06.06.2001 PASSED IN OS.No.215/1989
ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.)
AND JMFC., CHAMARAJANAGAR.
R.S.A No.1310/2008:
BETWEEN:
1. SMT.S N MALATHI
AGED ABOUT 49 YEARS
D/O SRI RANGANARASIMACHASRYA
RESIDING AT # 693,
BIG BAZARR STREET
CHAMARAJANAGAR TOWN - 571 313.
2. SMT. PUTTAMMA
W/O LATE RANGASWAMY SETTY
AGED ABOUT 70 YEARS
RESIDENT OF DODDAMOLE VILLAGE
CHAMARAJANAGAR TALUK
CHAMRAJANAGAR DISTRICT - 571 313.
...APPELLANTS
(BY SRI G R ANANTHARAM, FOR
SRI K SRIDHAR, ADVOCATE)
17
AND:
1.BASAVA SETTY
MAJOR,
S/O RANGA SETTEE
2.NANJASETTY
SINCE DECEASED BY HIS LRs
2(a) SMT.CHINNAMMA
AGED ABOUT 65 YEARS
W/O LATE NANJASETTY.
2(b) SMT.SUKANYA
AGED ABOUT 43 YEARS
D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA
AGED ABOUT 40 YEARS
D/O LATE NANJASETTY.
2(d) SRI NANJUNDA
AGED ABOUT 38 YEARS
S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA
AGED ABOUT 35 YEARS
D/O LATE NANJASETTY.
W/O SRI RACHA
2(f) SRI KRISHNA
AGED ABOUT 25 YEARS
S/O LATE NANJASETTY.
ALL ARE RESIDING
C/O M SIDDASETTY
KODIMOLE VILLAGE
CHANDAKAVADI HOBLI
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR
18
DISTRICT - 571 342.
3.RANGASWAMASETTY
SINCE DECEASED BY HIS LRs
3(a) SMT.PUTTAMMA
MAJOR,
W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU
MAJOR,
S/O LATE RANGASWAMYSETTY
3(c) SMT.BANGARAMMA
AGED ABOUT 43 YEARS
D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI MANJU.
3(e) SMT.SAROJA
AGED ABOUT 28 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SWAMY.
3(f) SMT.VIJAYA
AGED ABOUT 26 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE
VILLAGE, CHANDAKAVADI HOBLI
CHAMARAJANGAR TALUK
CHAMARAJANGAR
DISTRICT- 571 313.
4. CHANNASETTY
MAJOR,
19
S/O RANGA SETTY
ALL ARE RESIDENTS OF
CHENNIPURADAMOLE VILLAGE,
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR DISTRICT- 571 313. ... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR R1 & R4
VIDE COURT ORDER DATED.26.4.19
R2(e) IS SERVICE HELD SUFFICIENT
R2(a-d & f) ARE SERVED & UNREPRESENTED
R3(a-f) ARE SERVED & UNREPRESENTED
NOTICE NOT ORDERED IN R/O R4)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN
RA.No.16/2007 ON THE FILE OF THE ADDL.DISTRICT AND
SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK COURT,
CHAMARAJANAGAR, PARTLY ALLOWING THE APPEAL FILED
AGAINST THE JUDGMENT AND DECREE DATED 06.06.2001
PASSED IN OS.No.135/1989 ON THE FILE OF THE PRINCIPAL
CIVIL JUDGE (JR.DN.) AND JMFC., CHAMARAJANAGAR.
R.S.A No.1311/2008:
BETWEEN:
*1. SRI J CHANDRASHEKAR
SINCE DECEASED BY HIS LRs.
1(a) SMT.BHAGYAMMA
W/O J CHANDRASHEKAR
1(b) SMT. C NETRAVATHI
D/O J CHANDRASHEKAR & W/O SRI L KRISHNA
RESIDING AT HOUSE No.333/1
NAZERBAD DURGA DEVI TEMPLE STREET
MYSORE.
1(c) MR.C SURESH
S/O LATE J CHANDRASHEKAR
1(d) MR.C SOMASHEKHARA
S/O LATE J CHANDRASHEKAR
*Inserted & Retyped vide court order
dated 11.07.2019.
20
*(a), (c) & (d) TOGETHER RESIDING AT
No.7/19, POND STREET,CHAMARAJANAGAR TOWN
CHAMARAJANAGAR DISTRICT - 571 313. ...APPELLANTS
(BY SRI G R ANANTHARAM, FOR SRI K SRIDHAR, ADVOCATE)
AND:
1.BASAVA SETTY, MAJOR,
S/O RANGA SETTEE
2.NANJASETTY
SINCE DECEASED BY HIS LRs
2(a) SMT.CHINNAMMA
AGED ABOUT 65 YEARS
W/O LATE NANJASETTY.
2(b) SMT.SUKANYA
AGED ABOUT 43 YEARS
D/O LATE NANJASETTY.
2(c) SMT.GUNDAMMA
AGED ABOUT 40 YEARS
D/O LATE NANJASETTY.
2(d) SRI NANJUNDA
AGED ABOUT 38 YEARS
S/O LATE NANJASETTY.
2(e) SMT.RAJAMMA
AGED ABOUT 35 YEARS
D/O LATE NANJASETTY.
W/O SRI RACHA
2(f) SRI KRISHNA
AGED ABOUT 25 YEARS
S/O LATE NANJASETTY.
ALL ARE RESIDING: C/O M SIDDASETTY
KODIMOLE VILLAGE, CHANDAKAVADI HOBLI
CHAMARAJANAGAR TALUK, CHAMARAJANGAR
*Inserted & Retyped vide court order
dated 11.07.2019.
21
DISTRICT - 571 342.
3.RANGASWAMASETTY
SINCE DECEASED BY HIS LRs
3(a) SMT.PUTTAMMA
MAJOR,
W/O LATE RANGASWAMYSETTY.
3(b) SRI GOVINDARAJU
MAJOR,
S/O LATE RANGASWAMYSETTY
3(c) SMT.BANGARAMMA
AGED ABOUT 43 YEARS
D/O LATE RANGASWAMYSETTY.
3(d) SMT.JAYALAKSHMI
AGED ABOUT 33 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI MANJU.
3(e) SMT.SAROJA
AGED ABOUT 28 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SWAMY.
3(f) SMT.VIJAYA
AGED ABOUT 26 YEARS
D/O LATE RANGASWAMYSETTY.
W/O SRI SHANKARA.
3(a) to 3(f) RESIDING AT DODDAMOLE
VILLAGE, CHANDAKAVADI HOBLI
CHAMARAJANGAR TALUK
CHAMARAJANGAR
DISTRICT- 571 313.
4. CHANNASETTY
MAJOR,
22
S/O RANGA SETTY
ALL ARE RESIDENTS OF
CHENNIPURADAMOLE VILLAGE,
CHAMARAJANAGAR TALUK,
CHAMARAJANGAR DISTRICT- 571 313.
5. PUTTAMMA, MAJOR
W/O RANGASWAMYSETTY
6. GOVINDARAJU, MAJOR
S/O RANGASWAMYSETTY
BOTH ARE RESIDING AT
DODDAMOLE VILLAGE
CHAMARAJANAGAR TALUK- 571 313.
... RESPONDENTS
(BY SRI S M BABU, ADVOCATE FOR R1 & R4
VIDE COURT ORDER DATED.26.4.19
R2(e) IS SERVICE HELD SUFFICIENT
R2(a-d & f) ARE SERVED & UNREPRESENTED
R3(a-f) ARE SERVED & UNREPRESENTED)
THIS RSA IS FILED U/S 100 OF CPC AGAINST THE
JUDGMENT AND DECREE DATED 18.12.2007 PASSED IN
RA.No.19/2007 ON THE FILE OF THE ADDL.DISTRICT AND
SESSIONS JUDGE, PRESIDING OFFICER, FAST TRACK
COURT, CHAMARAJANAGAR, PARTLY ALLOWING THE
APPEAL FILED AGAINST THE JUDGMENT AND DECREE
DATED 06.06.2001 PASSED IN OS.No.118/1994 ON THE
FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN.) AND
JMFC., CHAMARAJANAGAR.
THESE RSAs COMING ON FOR ADMISSION THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
23
JUDGMENT
These seven appeals are directed against the judgment and decree passed by the Presiding Officer, Fast Track Court, Chamarajanagar. The details of which are as under:
Sl. RSA No. RA No. Result and
OS.No. Result
No. and filed filed by date of
and date of
by whom whom disposal
disposal made by
Prl. Civil Judge
(Jr.Dn) & JMFC
Chamarajanagar
1. 1304/2008 17/2007 Dismissed 06/1988
Plaintiffs Defendants DD DD 06.06.2001
18.12.2007 Decreed
2. 1305/2008 13/2007 Dismissed 141/1989
Plaintiffs Defendants DD DD 6.6.2001
18.12.2007 Decreed
3. 1306/2008 10/2007 Dismissed 211/1989
Plaintiffs Defendants DD DD 06.06.2001
18.12.2007 Decreed
4 1308/2008 12/2007 Dismissed 134/1989
Plaintiffs Defendants DD DD 06.06.2001
18.12.2007 Decreed
5. 1309/2008 14/2007 Dismissed 215/1989
Plaintiff Defendants DD DD 06.06.2001
18.12.2007 Decreed
6. 1310/2008 16/2007 Dismissed 135/1989
Plaintiff Defendants DD DD 06.06.2001
24
18.12.2007 Decreed
7. 1311/2008 19/2007 Dismissed 118/1994
Plaintiff Defendants DD DD 06.06.2001
18.12.2007 Decreed
2. In order to avoid confusion and overlapping,
the parties hereinafter are referred to with their ranks as held by them before the trial Court.
3. Learned counsel for appellant would submit that respondent Nos. 2 and 3 who are defendant Nos. 1 and 2 before the trial Court are dead and their legal representatives have come on record on the relevant applications filed were allowed separately.
4. Insofar as material aspect of the cases is concerned, it is seen that respondent Nos. 2 and 3 in these appeals before their death were defendant Nos. 1 and 2 in the original suits, but they were not arrayed as parties in the regular appeals. Now their legal 25 representatives are brought on record for the first time in these appeals.
5. In original suits, defendant Nos. 1 and 2 respectively are: Nanjasetty, S/o Rangasetty and Rangaswamasetty S/o Late Rangasetty. The suits came to be disposed of on 06.06.2001. The appeals were preferred before the learned Additional District and Session Judge and Presiding Officer, Fast Track Court, Chamarajanagar, in Regular Appeals as mentioned above. Regard being had to the fact that defendant Nos. 1 and 2 were not made as parties in the said appeals.
6. As respondent No.2 Nanjasetty reported dead on 30.8.2004 and respondent No.3- Rangaswamasetty on 7.7.2007, incidentally, the legal representatives of the said deceased persons were not brought on record in regular appeals and without even noting about their death, the appeals came to be 26 disposed of on 18-12-2007 and the operative portion are as under:
"The appeal preferred by defendant No.3 in O.S.No.6/1988 who is the plaintiff in O.S.No.19/1995 is partly allowed. Consequently, the suit filed by him in O.S.No.19/1995 for the relief of declaration and consequential relief of injunction is allowed as prayed in the plaint.
The suit as filed by the plaintiff in O.S.No.6/88 Smt. Puttamma and Govindaraju is and it is hereby dismissed.
The suit filed by the plaintiffs in O.S.No.134/89, 135/89, 141/89, 211/89, 213/89, 215/89, 216/89, 118/94 is dismissed in respect of relief of declaration. However, the suit is partly decreed in respect of permanent injunction, restraining the defendants of the said suit or any other person claiming under them from interfering into their lawful possession of the property till their title is established in respect of the sites purchased by these plaintiffs and they are evicted in respect of their site under due process of law if he is established his title subject to the period.
The parties to bear their own costs."
7. Further, it is brought to the notice of this Court that RSA No.1307/2008 was dismissed for non- prosecution and RSA No.868/2009 in respect of Regular 27 Appeal No.15/2007 connected to OS No.19/1995 is de- linked on 19.6.2019 from these appeals.
8. Learned counsel for appellants Sri. G.R.Ananatharamu would submit that the entire inconvenience could have been avoided if the matters were disposed of by giving opportunity to the legal representatives of deceased defendants 1 and 2/respondents 2 and 3 herein.
9. Learned counsel for respondent Nos. 1 and 4 Sri. S.M.Babu would submit the right accrued to these respondents may not be disturbed since all the matters were clubbed and disposed of by the trial Court as well as by the first Appellate Court in common. Though OS No.19/1995 is filed by the Basava Shetty, wherein deceased respondents have no participation.
10. The suits are filed by the individual purchasers of sites in the layout built by Puttamma in 28 Survey No.289/2B at Chamarajanagar, Kasaba village. Thus, in the context of the matter and keeping the mandatory procedure in mind, the judgment and decree passed by the first Appellate Court is hereby set aside and the matters are remanded to the first Appellate Court for fresh disposal in accordance with law, after allowing the opportunity to the legal representatives of deceased defendants 1 and 2/respondents 2 and 3 herein i.e. Nanjasetty, s/o Rangasetty and Rangaswamasetty S/o late Rangasetty.
11. For the reasons morefully stated above, the moot question that arise would be "Whether the judgment and decree passed by the learned first Appellate Judge in all the above appeals are complete and effective?
12. It is seen that respondent Nos. 2 and 3 in the above appeals who were defendant Nos. 1 and 2 before the trial Court are dead. But neither the said fact was informed to the Appellate Court for further proceedings. 29 and the proceedings before the first Appellate Court have taken place without the effective participation of the legal representatives of respondents 2 and 3 herein. Upon filing of the necessary applications by the appellants they are considered and allowed and permitted the appellants to bring them on record by a separate order. However, it is necessary to note that, the judgment and decree passed by the first appellate Court in regular appeals is without giving opportunity to the legal representatives of the deceased defendants 1 and 2 /respondents 2 and 3 herein and therefore, they are liable to be set aside and matters deserve to be remanded to the first Appellate Court.
13. In the result, the appeals are allowed. The common judgment and decree passed by the learned Additional District and Sessions Judge and Presiding Officer, Fast Track Court, Chamarajanagar, as mentioned above are hereby set aside and the matters 30 are remanded to first Appellate Court for fresh disposal in accordance with law, after granting opportunity to the legal representatives of the deceased defendant Nos. 1 and 2/ respondent Nos. 2 and 3 herein i.e., Nanjasetty and Rangaswamasetty.
All the parties are directed to appear before the first Appellate Court on 26.8.2019 without waiting for further notice.
Sd/-
JUDGE tsn*