Karnataka High Court
Sri R Dayananda Reddy vs Smt. Muniyamma on 16 October, 2025
Author: V Srishananda
Bench: V Srishananda
-1-
NC: 2025:KHC:41644
RFA No. 98 of 2013
C/W RFA.CROB No. 24 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
REGULAR FIRST APPEAL No.98 OF 2013 (DEC/PAR)
C/W RFA CROSS OBJECTION No.24 OF 2025
IN RFA No.98/2013
BETWEEN:
1. SRI R DAYANANDA REDDY
AGED ABOUT 46 YEARS
S/O LATE RAMASWAMY REDDY
R/AT D.NO.1533/32, 3RD MAIN
RAMAIAH LAYOUT
BANGALORE-560 084.
2. SRI.N.M.NARENDRA REDDY
AGED ABOUT 46 YEARS,
S/O SRI.MUNIREDDY,
R/O DODDANEKKUNDI VILLAGE,
K.R.PURAM HOBLI,
BANGALORE-560 037.
Digitally
signed by 3. SRI.G.K.GANESH
MALATESH AGED ABOUT 47 YEARS,
KC
S/O SRI.G.T.KRISHNAPPA REDDY,
Location: R/O C/O THIPPA REDDY,
HIGH RAJAPALYA,
COURT OF HOODI VILLAGE & POST,
KARNATAKA
K.R.PURAM HOBLI,
BANGALORE-560 048.
4. SRI.G.K.SURESH
AGED ABOUT 45 YEARS,
S/O SRI.G.T.KRISHNAPPA REDDY,
R/O C/O THIPPA REDDY, RAJAPALYA,
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HOODI VILLAGE & POST,
K.R.PURAM HOBLI,
BANGALORE-560 048
...APPELLANTS
(BY SRI NISHANTH.A.V ADVOCATE FOR A1 TO A3;
SRI D.R.RAVISHANKAR, SR.COUNSEL FOR SRI R.ANIL KUMAR,
ADVOCATE FOR A4)
AND:
1. SMT. MUNIYAMMA
AGED ABOUT 60 YEARS,
W/O LATE SRI.M.MUNISWAMAPPA,
2. SMT.MANJULA
AGED ABOUT 43 YEARS,
D/O LATE M.LATE M.MUNISWAMAPPA,
3. SRI.H.M MUNIRAJU
AGED ABOUT 41 YEARS,
S/O LATE M.MUNISWAMAPPA,
4. SRI.H.M.NARAYANASWAMY
AGED ABOUT 39 YEARS,
S/O LATE SRI.M.MUNISWAMAPPA,
5. SMT.GULLAMMA
AGED ABOUT 35 YEARS,
D/O LATE SRI.M.MUNISWAMAPPA,
6. SMT.C.CHINNAMMA
AGED ABOUT 33 YEARS,
D/O LATE SRI.M.MUNISWAMAPPA,
7. SRI.H.M.RAJAPPA
AGED ABOUT 30 YEARS,
S/O LATE SRI.M.MUNISWAMAPPA,
8. SMT.LAKSHMI
AGED ABOUT 25 YEARS,
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D/O LATE SRI.M.MUNISWAMAPPA,
RESPONDENTS NO.1 TO 8 ARE
LRS OF LATE M.MUNISWAMAPPA
AND R/AT NO.591, 11TH CROSS,
THIGALARA PALYA, HOODI VILLAGE,
MAHADEVAPURA POST,
BANGALORE EAST TALUK,
BANGALORE URBAN DISTRICT.
9. SRI.C.PRAKASH
AGED ABOUT 42 YEARS,
S/O LATE M.CHINNAPPA,
R/O KONADASAPURA,
BOODIGERE CROSS,
VEEGONAGAR POST,
BANGALORE-560 049.
10. SRI.C.CHANDRA
AGED ABOUT 40 YEARS,
S/O LATE M.CHINNAPPA,
R/O SRIDHARA BUILDING,
2ND CROSS, NEAR BRIGHT SCHOOL,
VIVEKANANDA NAGARA,
HOSAKOTE TOWN,
BANGALORE RURAL DISTRICT.
11. SMT.DEVATHA
AGED ABOUT 25 YEARS,
W/O SRI.KUMAR,
D/O LATE M.CHINNAPPA,
R/O NEAR SRI.YELLAMMA TEMPLE,
BAVINA MARADA BEEDI,
HOSAKOTE TOWN,
BANGALORE RURAL DISTRICT.
RESPONDENTS NO.9 TO 11 ARE
LRs OF SRI M.CHINNAPPA
AND SMT.YELLAMMA
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12. SRI.M.N.MUNIYAPPA
SINCE DEAD
REPRESENTED BY HIS LR'S
12(a) TO 12(d)
12(a) SMT.RATHNAMMA
AGED ABOUT 64 YEARS
W/O LATE MUNIYAPPA
1ST MAIN, 4TH CROSS,
VIVEKANANDA NAGARA
NEAR CITIZEN SCHOOL,
HOSKOTE TOWN
HOSAKOTE, BANGALORE RURAL-562 114
12(b) SRI RAVIKUMAR
AGED ABOUT 46 YEARS
S/O LATE MUNIYAPPA
SRI MANJUNATHA NILAYA
1ST MAIN, SWAMY VIVEKANANDA NAGARA
NEXT TO CITIZEN SCHOOL
HOSKOTE TOWN
HOSAKOTE
BANGALORE RURAL-562 114
12(c) SRI M.VENUGOPAL
AGED ABOUT 43 YEARS
S/O LATE MUNIYAPPA
BRAMHAKUMARI ROAD, 4TH CROSS
VIVEKANANDANAGARA
HOSAKOTE, BANGALORE-562 114
12(d) SRI M.NEERESH
AGED ABOUT 42 YEARS
S/O LATE MUNIYAPPA
1ST MAIN, SWAMY VIVEKANANDANAGARA
NEXT TO CITIZEN SCHOOL
HOSKOTE TOWN
HOSAKOTE, BANGALORE RURAL-562 114
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13. SRI.M.NARAYANA
AGED ABOUT 30 YEARS,
S/O LATE ABBALAPPA,
R/O THIGALARA PALYA,
HOODI VILLAGE, D.NO.695,
MAHADEVAPURA PANCHAYATHI,
BANGALORE-560 048.
14. SRI.K.KRISHNAPPA
S/O LATE ABBALAPPA,
SINCE DEAD BY HIS LR'S
14(a) SMT.MUNINARAYANAMMA
AGED ABOUT 62 YEARS
W/O LATE KRISHNAPPA
14(b) SRI SHIVAKUMAR
AGED ABOUT 42 YEARS
S/O LATE KRISHNAPPA
BOTH ARE RESPONDENT NO.14(a) AND 14(b)
ARE R/AT NO.360, 1ST MAIN
OPPOSITE MVJ COLLEGE
AKG COLONY
CHANNASANDRA
KADUGODI PLANTATION
BANGALORE-560 067
15. SRI.VENKATESHA
AGED ABOUT 35 YEARS,
S/O LATE SRI.MUNIYAPPA,
16. SRI. NAGARAJU
AGED ABOUT 30 YEARS,
S/O LATE SRI.MUNIYAPPA,
RESPONDENTS NO.15 AND 16 ARE
LRs OF LATE SMT.MUNIYAMMA AND
LATE SRI.MUNIYAPPA AND ARE
R/O KURUBARAPETE BY
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PROFESSIONALLY LEMON MERCHANTS,
HOSAKOTE TOWN AND TALUK,
BANGALORE-560 049.
17. SRI.MUNIVENKATAPPA
AGED ABOUT 45 YEARS,
S/O CHICKAMUNIYAPPA,
R/O HOODI VILLAGE & POST,
MAHADEVAPURA PANCHAYATHI,
BANGALORE-560 048.
18. SMT.MUNILAKSHMAMMA
AGED ABOUT 45 YEARS,
W/O LATE NARAYANAPPA,
R/O D. NO.224, 3RD CROSS,
KAKAPPA GARDEN,
THIGALARA PALYA,
HOODI VILLAGE & POST,
MAHADEVAPURA PANCHAYATH,
BANGALORE-560 048.
RESPONDENT NO.18 IS THE LR OF
SRI NARAYANAPPA
19. SRI.SEENA @ SRINIVASA
AGED ABOUT 40 YEARS,
S/O CHICKAMUNIYAPPA,
R/O HOODI VILLAGE
MAHADEVAPURA POST,
BANGALORE EAST TALUK
20. SRI.SHANKARAPPA
AGED ABOUT 38 YEARS,
S/O CHICKAMUNIYAPPA,
R/O HOODI VILLAGE,
MAHADEVAPURA POST,
BANGALORE EAST TALUK
21. SRI.NAGAPPA (N.G.E.F.)
AGED ABOUT 45 YEARS,
S/O LATE VENKATAPPA,
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RFA No. 98 of 2013
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HC-KAR
R/O 7TH CROSS, ANEPALYA,
AUDUGODI POST,
BANGALORE-560 030.
22. SMT.VASANTHA
W/O SRI.SRINIVASA,
D/O LATE VENKATAPPA,
R/O 1ST MAIN, PILLAPPA BUILDING,
OPP.THIRUMALA TRADERS,
CHIKKABOMMASANDRA VILLAGE,
G.K.V.K. POST,
BANGALORE-560 065.
RESPONDENTS NO.21 AND 22 ARE
LRS OF SRI.H.K.VENKATESH
23. SMT.MANJULA
AGED ABOUT 38 YEARS,
S/O LATE VENKATASWAMY @ SWAMY
24. KUM. SANDHYA
AGED ABOUT 16 YEARS,
D/O LATE VENKATASWAMY @ SWAMY.
25. MASTER HEMANTH
AGED ABOUT 14 YEARS,
S/O LATE VENKATASWAMY @ SWAMY
RESPONDENTS NO.24 AND 25 ARE
MINORS, REPRESENTED BY THEIR MOTHER
AND NATURAL GUARDIAN
VIZ. RESPONDENT NO.23 AND
RESPONDENT NOS.23 TO 25 ARE
R/O EARANNA BUILDING,
NEAR SRI.HONAMMA TEMPLE,
BHAVANI ROAD, HEBBAGUDI VILLAGE,
BOMMASANDRA POST,
ANEKAL TALUK,
BANGALORE-560 099.
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26. SMT.PADMA
AGED ABOUT 36 YEARS,
W/O SRI.MUNISWAMY,
D/O LATE VENKATAPPA,
R/O SLUM BOARD,
CHIKKABOMMASANDRA VILLAGE,
G.K.V.K. POST,
BANGALORE -560 065.
27. SMT.RATHNAMMA
AGED ABOUT 34 YEARS,
W/O SRI.MUNIYAPPA (JADIGENAHALLI),
D/O LATE VENKATAPPA,
R/O DHARMARAYA TEMPLE STREET,
RAMAGONDANAHALLI VILLAGE,
VARTHUR HOBLI,
WHITE FIELD POST,
BANGALORE-560 066.
28. SMT.MANJUNA (ANGADI)
AGED ABOUT 32 YEARS,
W/O SRI.SHIVA KUMAR,
D/O LATE VENKATAPPA,
R/O DODDAKUNTE (COXE TOWN,),
SRI.KAUVERAMMA TEMPLE,
SLUM AREA, FRAZER TOWN,
BANGALORE-560 005.
29. SMT.M.MANJULA
AGED ABOUT 30 YEARS,
W/O LATE RAJAPPA,
DAUGHTER IN LAW OF K.MUNIYAPPA
30. MASTER RAHUL
AGED ABOUT 13 YEARS,
S/O LATE RAJAPPA,
31. KUMARI RAMYA
AGED ABOUT 13 YEARS,
D/O LATE RAJAPPA,
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HC-KAR
32. KUMARI LAVANYA
AGED ABOUT 11 YEARS,
D/O LATE RAJAPPA,
RESPONDENTS NO.30 AND 32 ARE
MINORS, REPRESENTED BY THEIR
MOTHER & NATURAL GUARDIAN
SMT.M.MANJULA, RESPONDENT NO.29.
ALL R/O OPP. TO KRISHNA HIGH SCHOOL,
1ST CROSS, 1ST MAIN,
CHIKKADESANDRA EXTN.,
K.R.PURAM POST,
BANGALORE-560 036.
33. SRI.H.THIPPA REDDY
AGED ABOUT 72 YEARS,
S/O LATE SRI.HANUMA REDDY,
R/AT RAJAPALYA, HOODI MAIN ROAD,
MAHADEVAPURA PANCHAYATHI,
BANGALORE EAST TALUK,
BANGALORE-560 048.
33(a) SMT.KAMALAMMA
W/O LATE SRI H.THIPPA REDDY
AGED ABOUT 68 YEARS
R/AT NO.22, 'SRI SATYA SAI NILAYAM'
MAHALAKSHMI POST
BENGALURU-560 037
33(b) SRI T.KIRAN KUMAR
S/O LATE SRI H.THIPPA REDDY
AGED ABOUT 42 YEARS
RESIDING AT 'SAI BRINDAVAN'
65/6, 65/7, SIDDAPURA
NELLURAHALLI MAIN ROAD
BENGALURU-560 066
34. SRI.VENKATARAMANA REDDY
AGED ABOUT 50 YEARS,
R/AT RAJAPALYA,HOODI MAIN ROAD,
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C/W RFA.CROB No. 24 of 2025
HC-KAR
MAHADEVAPURA PANCHAYATHI,
BANGALORE-560 048.
35. SRI.R.SHESHA REDDY
AGED ABOUT 45 YEARS,
S/O SRI.RAMA REDDY,
R/O CHANNAPPANAHALLI,
K.R.PURAM HOBLI,
MARATHAHALLI POST,
BANGALORE-560 037.
36. SRI.R.SOMASHEKAR
AGED ABOUT 47 YEARS,
S/O SRI.RAMA REDDY,
R/O K.R.PURAM HOBLI,
MARATHAHALLI POST,
BANGALORE-560 037.
37. SMT.MUNIYAMMA
AGED ABOUT 65 YEARS,
W/O MUNIANJINAPPA,
R/O D.NO.206, HORAMAVU,
JAYANTHINAGARA,
BANGALORE.
38. SMT.VENKATAMMA
AGED ABOUT 62 YEARS,
W/O LATE MUNIYAPPA,
R/O MAGABALA VILLAGE,
JADIGENAHALLI POST,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT.
39. SMT.NARAYANAMMA
AGED ABOUT 60 YEARS,
W/O SRI.ABU,
R/O CHIKKATHI JALARAPETE,
HOSAKOTE TOWN & TALUK,
BANGALORE RURAL DISTRICT.
...RESPONDENTS
(BY SRI. S.N.ASHWATHNARAYAN, SRL COUNSEL FOR
- 11 -
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C/W RFA.CROB No. 24 of 2025
HC-KAR
SRI S.A.SUDHINDRA, ADVOCATE FOR R12(A TO D) AND
R14(B), R38 AND R39;
SRI T.S.VENKATESH, ADVOCATE FOR R10 AND R11;
SRI C.SHANKAR REDDY, ADVOCATE FOR R33(a AND b);
R1, R15, R14(a), R16, R18, R23, R28, R29, R34, R35 ARE
SERVED AND UNREPRESENTED;
R24 AND R25 ARE MINORS REPRESENTED BY R23;
R30 AND R32 ARE MINORS REPRESENTED BY R29;
VIDE ORDER DATED 11.08.2014, NOTICE TO R17, R19 TO R22,
R26, R27 AND R36 ARE HELD SUFFICIENT)
VIDE ORDER DATED 08.09.2014, NOTICE TO R17, R19, R20,
R21, R22, R26, R27 AND R36 ARE SERVED BY WAY OF PAPER
PUBLICATION;
VIDE ORDER DATED 17.08.2017, APPEAL ABATED AGAINST
R37;
SRI KUMARSWAMY.M, ADVOCATE FOR R9;
SRI H.S.SHANKAR, ADVOCATE FOR R3, R4 AND R7)
THIS RFA IS FILED UNDER SECTION 96 OF CIVIL
PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE
DATED 2.11.2012 PASSED IN O.S.NO.8157/1998 ON THE FILE
OF XVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, DECREEING THE SUIT FILED FOR PARTITION AND
DECLARATION.
IN RFA.CROB No.24/2025
BETWEEN:
LATE SMT MUNIYAMMA
SINCE DEAD BY LRS,
LATE SMT VENKTAMMA,
SINCE DEAD BY LRS,
1. KONERAPPA,
S/O VENKATAMMA
AGED ABOUT 64 YEARS,
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2. LAKSHMAMMA
D/O VENKATAMMA
AGED ABOUT 52 YEARS,
3. SRI RAMA
S/O VENKATAMMA
AGED ABOUT 39 YEARS,
4. MUNIRAJU
S/O VENKATAMMA
AGED ABOUT 46 YEARS,
5. MANJAMMA
D/O VENKATAMMA
AGED ABOUT 42 YEARS,
6. SHANTHAMMA
D/O VENKATAMMA
AGED ABOUT 40 YEARS,
ALL ARE RESIDING AT
MAGABALA VILLAGE
JADIGENAHALLI POST,
HOSAKOTE TALUK,
BANGALORE RURAL DISTRICT
7. SMT NARAYANAMMA
W/O SRI ABU,
AGED ABOUT 71 YEARS
R/AT CHIKKATHI JALARAPETE,
HOSAKOTE TOWN AND TALUK,
BANGALORE RURAL DISTRICT
...CROSS OBJECTORS
(BY SRI S.N.ASHWATHANARAYAN, SR. COUNSEL
SRI SUDHINDRA S A, ADVOCATE)
AND:
1. SRI R DAYANANDA REDDY
AGED ABOUT 72 YEARS,
- 13 -
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HC-KAR
S/O LATE RAMASWAMY REDDY,
R/AT D NO.1533/32,
3RD MAIN, RAMAIAH LAYOUT,
BANGALORE - 84
2. SRI N M NARENDRA REDDY
AGED ABOUT 46 YEARS,
S/O SRI MUNIREDDY,
R/O DODDANEKKUNDI VILLAGE,
K.R.PURAM HOBLI,
BANGALORE-560 037.
3. SRI.G.K.GANESH
AGED ABOUT 47 YEARS,
S/O SRI.G.T.KRISHNAPPA REDDY,
R/O C/O THIPPA REDDY, RAJAPALYA,
HOODI VILLAGE AND POST,
K.R.PURAM HOBLI,
BANGALORE-560 048.
4. SRI.G.K.SURESH
AGED ABOUT 45 YEARS,
S/O SRI.G.T.KRISHNAPPA REDDY,
R/O C/O THIPPA REDDY, RAJAPALYA,
HOODI VILLAGE AND POST,
K.R.PURAM HOBLI,
BANGALORE-560 048
5. SMT.MANJULA
AGED ABOUT 43 YEARS,
D/O LATE LATE M.MUNISWAMAPPA,
6. SRI.H.M MUNIRAJU
AGED ABOUT 41 YEARS,
S/O LATE M.MUNISWAMAPPA,
7. SRI H.M.NARAYANASWAMY
AGED ABOUT 39 YEARS,
S/O LATE SRI.M.MUNISWAMAPPA,
- 14 -
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8. SMT GULLAMMA
AGED ABOUT 35 YEARS,
D/O LATE SRI.M.MUNISWAMAPPA,
9. SMT CHINNAMMA
AGED ABOUT 33 YEARS,
D/O LATE SRI.M.MUNISWAMAPPA,
10. SRI H M RAJAPPA
AGED ABOUT 30 YEARS,
S/O LATE SRI.M.MUNISWAMAPPA,
11. SMT LAKSHMI
AGED ABOUT 25 YEARS,
D/O LATE SRI.M.MUNISWAMAPPA,
RESPONDENTS NO.5 TO 11 ARE
LRS OF LATE M.MUNISWAMAPPA
ALL R/AT NO.591, 11TH CROSS,
THIGALARA PALYA, HOODI VILLAGE,
MAHADEVAPURA POST,
BANGALORE EAST TALUK,
BANGALORE URBAN DISTRICT.
12. SRI.C.PRAKASH
AGED ABOUT 42 YEARS,
S/O LATE M.CHINNAPPA,
R/O KONADASAPURA,
BOODIGERE CROSS,
VEEGONAGAR POST,
BANGALORE-560 049.
13. SRI.C.CHANDRA
AGED ABOUT 40 YEARS,
S/O LATE M.CHINNAPPA,
R/O SRIDHARA BUILDING,
2ND CROSS, NEAR BRIGHT SCHOOL,
VIVEKANANDA NAGARA, HOSAKOTE TOWN,
BANGALORE RURAL DISTRICT
- 15 -
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14. SMT.DEVATHA
AGED ABOUT 25 YEARS,
W/O SRI.KUMAR,
D/O LATE M.CHINNAPPA,
R/O NEAR SRI.YELLAMMA TEMPLE,
MARADA BEEDI, HOSAKOTE TOWN,
BANGALORE RURAL DISTRICT.
RESPONDENTS NO.13 AND 14 ARE
LRs OF SRI M.CHINNAPPA
AND SMT.YELLAMMA.H
SRI.M.N.MUNIYAPPA
SINCE DEAD BY LRS
15. SMT RATHNAMMA
W/O LATE MUNIYAPPA
AGED ABOUT 64 YEARS,
16. SRI M RAVI KUMAR
W/O LATE MUNIYAPPA
AGED ABOUT 47 YEARS,
R15 AND R16 ARE RESIDING AT
MANJUNATHA NILAYA,
SWAMY VIVEKANANDA NAGAR,
1ST MAIN ROAD, 4TH CROSS,
NEAR CITIZEN SCHOOL
HOSAKOTE - 562 114
17. SRI VENUGOPAL
S/OLATE MUNIYAPPA
AGE ABOUT 44 YEARS,
KRISHNAPPA BUILDING
V R GARDEN CITY
NEAR MARUTHI SAW MILL
BEHIND SHIVA GARDEN
HOSAKOTE - 562114
- 16 -
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18. SRI M NEERESH
S/O LATE MUNIYAPPA
AGE ABOUT 43 YEARS
NO G 193, 2ND CROSS,
7TH MAIN, HAL OLD TOWN SHIP
HAL, BANGALORE - 560017
19. SRI M NARAYANA
AGE ABOUT 30 YEARS
S/O LATE ABBALAPPA
R/O THIGALARA PALYA,
HOODI VILLAGE, D.NO. 695,
MAHADEVAPURA PANCHAYATH
BANGALORE - 560 048
20. SRI K KRISHNAPPA
AGE ABOUT 30 YEARS
S/O LATE ABBALAPPA
R/O THIGALARA PALYA,
HOODI VILLAGE AND POST
MAHADEVAPURA PANCHAYATH
BANGALORE - 560048
21. SRI VENKATESHA
AGE ABOUT 35 YEARS
S/O LATE SRI MUNIYAPPA
22. SRI NAGARAJU
AGE ABOUT 30 YEARS
S/O LATE SRI MUNIYAPPA
RESPONDENT NOS.21 AND 22 ARE
LRS OF LATE SMT MUNIYAMMA
AND LATE SRI MUNIYAPPA
R/AT KURUBARAPETE
BY PROFESSIONALLY LEMON MERCHANTS
HOSAKOTE TOWN AND TALUK
BANGALORE - 560049
23. SRI MUNIVENKATAPPA
AGE ABOUT 45 YEARS
- 17 -
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S/O CHICKAMUNIYAPPA
R/O HOODI VILLAGE AND POST
MAHADEVAPURA PANCHAYATHI
BANGALORE - 560048
24. SMT MUNILAKSHMAMMA
AGE ABOUT 45 YEARS
W/OLATE NARAYANAPPA
R/O D NO.224, 3RD CROSS,
KAKAPPA GARDEN
THIGALARA PALYA
HOODI VILLAGE AND POST,
MAHADEVAPURA PANCHAYATH
BANGALORE - 560048
RESPONDENT NO.24 IS THE LR
LR OF SRI NARAYANAPPA
25. SRI SEENA @ SRINIVASA
AGE ABOUT 40 YEARS
S/O CHICKAMUNIYAPPA
R/O HOODI VILLAGE AND POST
MAHADEVAPURA PANCHAYATHI
BANGALORE - 560048
26. SRI SHANKARAPPA
AGED ABOUT 38 YEARS,
S/O CHICKAMUNIYAPPA,
R/O HOODI VILLAGE,
MAHADEVAPURA POST,
BANGALORE EAST TALUK.
27. SRI NAGAPPA (N G E F )
AGED ABOUT 45 YEARS,
S/O LATE VENAKTAPPA,
R/O 7TH CROSS, ANEPALYA,
AUDUGODI POST, BANGALORE- 560 030.
28. SMT VASANTHA
W/O SRI SRINIVASA,
- 18 -
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D/O LATE VENKTAPPA,
R/O 1 MAIN, PILLAPPA BUILDING,
OPP. THIRUMALA TRADERS,
CHIKKABOMMASANDRA VILLAGE,
G K V K POST, BANGALORE 560 065.
RESPONDENTS NO.27 AND 28 ARE
LRS OF SRI H K VENKATESH
29. SMT MANJULA
AGED ABOUT 38 YEARS,
S/O LATE VENKATASWAMY
30. KUM SANDHYA
AGED ABOUT 16 YEARS,
D/O LATE VENKATASWAMY
31. MASTER HEMANTH
AGED ABOUT 14 YEARS,
S/O LATE VENKATASWAMY
RESPONDENTS NO.30 AND 31 ARE
SINCE MINORS AND REPRESENTED BY
THEIR MOTHER AND NATURAL GUARDIAN
VIZ RESPONDENT NO.29 AND
RESPONDENTS NO.30 AND 31 ARE
R/O EARANNA BUILDING
NEAR SRI HONAMMA TEMPLE
BHAVANI ROAD, HEBBAGUDI VILLAGE
BOMMASANDRA POST, ANEKAL TALUK
BANGALORE -560 099
32. SMT PADMA
AGE ABOUT 36 YEARS
W/O SRI MUNISWAMY
D/O LATE VENKATAPPA
R/O SLUM BOARD
CHIKKABOMMASANDRA VILLAGE
G K V K POST
BANGALORE-560 065
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33. SMT RATHNAMMA
AGE ABOUT 34 YEARS
W/O SRI MUNIYAPPA(JADIGENAHALLI)
D/O LATE VENKATAPPA
R/O DHARMARAYA TEMPLE STREET
RAMAGONDANAHALLI VILLAGE
VARTHUR HOBLI, WHITE FIELD POST
BANGALORE -560 066
34. SMT MANJUNA (ANGADI)
AGE ABOUT 32 YEARS
W/O SRI SHIVA KUMAR
D/O LATE VENKATAPPA
R/O DODDAKUNTE (COXE TOWN)
SRI KAUVERAMMA TEMPLE
SIUM AREA, FRAZER TOWN
BANGALORE -560005
35. SMT M MUNJULA
AGE ABOUT 30 YEARS
W/O LATE RAJAPPA
DAUGHTER IN LAW OF K.MUNIYAPPA
36. MASTER RAHUL
AGE ABOUT 13 YEARS
S/O LATE RAJAPPA
37. KUMARI RAMYA
AGE ABOUT 13 YEARS
D/O LATE RAJAPPA
38. KUMARI LAVANYA
AGE ABOUT 11 YEARS
D/O LATE RAJAPPA
RESPONDENTS NO.36 TO 38 ARE
MINORS REPRESENTED BY THEIR
MOTHER AND GUARDIAN
SMT.M.MANJULA RESPONDENT NO.35
ALL R/O OPP. TO KRISHNA HIGH SCHOOL
1 CROSS, 1 MAIN, CHIKKADESANDRA EXTN
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K R PURAM POST
BANGALORE -560036
39. SRI H THIPPA REDDY
AGED ABOUT 72 YEARS
S/O LATE SRI HANUMA REDDY
R/AT RAJAPALYA
HOODI MAIN ROAD
MAHADEVAPURA PANCHAYATHI
BANGALORE EAST TALUK
BANGALORE -560 048
...RESPONDENTS
THIS RFA.CROB IN RFA.98/2013 IS FILED UNDER
ORDER 41 RULE 22 OF CIVIL PROCEDURE CODE, AGAINST
THE JUDGMENT AND DECREE DATED 2.11.2012 PASSED IN
O.S.NO.8157/1998 ON THE FILE OF XVIII ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
DECREEING THE SUIT FOR DECLARATION, PARTITION AND
SEPARATE POSSESSION.
THESE RFA AND RFA.CROB, COMING ON FOR ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL JUDGMENT
Sri S.N. Ashwathanarayana, learned counsel representing respondent Nos.12(a) to (d), 14(b), 38 and 39 files objections to the memo filed by respondent Nos.2 to 8, who are the legal representatives of the plaintiff. Sri R.S. Ravi, learned Senior Counsel represents the legal representatives of the plaintiff in O.S.No.8157/1998.
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2. The present appeal is filed by the purchaser challenging the validity of the decree.
3. Memo filed by the legal representatives of the plaintiff who are respondent Nos.2 to 8 is sought to be objected by the respondent Nos.12(a) to (d), 14(b), 38 and 39.
4. As could be seen from the objections filed by the above respondents, they submit that they have got a counter claim.
5. Per contra, before the Trial Court very same defendants had sought for dismissal of the suit.
6. Since respondent Nos.12(a) to (d), 14(b), 38 and 39 had sought for dismissal of the suit, there cannot be any counter claim to be entertained by this Court, on the ground that the appeal is continuation of the suit.
7. However, if defendant Nos.2, 4, 22 and 23 who are respondent Nos.12(a) to (d), 14(b), 38 and 39 are having any independent right in respect of suit schedule property they may claim so in appropriate proceedings.
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8. If any such proceeding is filed, parties are at liberty to canvas all favourable points, in accordance with law.
9. With such liberty for respondent Nos.12(a) to (d), 14(b), 38 and 39, the objections filed by them to the memo seeking withdrawal of suit in O.S.No.8157/1998 by the legal representatives of original plaintiff (respondent Nos.2 to 8) is hereby dismissed and suit is permitted to be withdrawn as plaintiff is the master of suit.
10. Appellants have no objection for dismissal of the suit either.
11. Hence, the following:
ORDER
(i) Memo dated 26.09.2025 filed by respondent Nos.2 to 8 who are the legal representatives of original plaintiff to withdraw the suit is accepted and placed on record.
(ii) Consequently, suit in O.S.No.8157/1998 pending on the file of the XVIII Additional City Civil
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NC: 2025:KHC:41644 RFA No. 98 of 2013 C/W RFA.CROB No. 24 of 2025 HC-KAR and Sessions Judge, Bengaluru, is permitted to be withdrawn.
(iii) Appeal and the Cross Objection are dismissed.
Sd/-
(V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 17