RSA/1573/2023 of SRI. HEMANTH KUMAR Vs A. CHIRAG on 7 September 2026

1. SRI. HEMANTH KUMAR S/O M.JAYARAMCHAR, AGED ABOUT 41 YEARS, 16TH WARD, R/A SHANKARAMATHA ROAD, CHIKKABALLAPURA CITY, CHIKKABALLAPURA - 562 101

2. SRI. T.N. RAVIKUMAR S/O SRI NARAYANASWAMY AGED ABOUT 40 YEARS R/O THALAHALLI VILLAGE, SRIRAMPURA POST, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA - 562 101 …APPELLANTS (BY SRI. SRINIVASA B V, AND SRI.T.SUBRAMANI, ADVOCATES)

AND:

1. A. CHIRAG S/O K .V. ANANDKUMAR AGED ABOUT 21 YEARS

2. A RAHUL S/O K .V. ANANDKUMAR AGED ABOUT 18 YEARS

Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

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BOTH RESIDING AT SIR M.V.LAYOUT M.G.ROAD CROSS, CHIKKABALLAPURA - 562 101.

3. SMT. V.SHYALAJA W/O LATE K V BHAGAVATH PRASAD AGED ABOUT 55 YEARS

4. SMT B KRISHNAVENI D/O LATE K V BHAGAVATH PRASAD AGED ABOUT 18 YEARS

BOTH RESIDING AT NO 83, T G TANK ROAD, CHIKKABALLAPURA - 562 101.

5. K.V.ANANDKUMAR S/O LATE A VENKATANARASIMHAIAH AGED ABOUT 50 YEARS RESIDING AT SIR M V LAYOUT M.G.ROAD CROSS, CHIKKABALLAPURA - 562 101.

6. SRI. K.A. LOKESHMURTHY S/O ANJINAPPA AGED ABOUT 71 YEARS RESIDING AT KONDANAHALLI VILLAGE, CHIKKABALLAPURA - 562 101

7. SRI. DODDAPILLAPPA S/O APPONU @ VENKATASWAMY [SINCE HE WAS DEAD HIS LRs]

RAVI S/O A RAMAIAH AGED ABOUT 59 YEARS R/A OLD CANARA BANK ROAD, CHAMARAJPET, CHIKKABALLAPUR - 562 101

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8. SRI. MURALI S/O A RAMAIAH AGED ABOUT 56 YEARS R/A OLD CANARA BANK ROAD, CHAMARAJPET, CHIKKABALLAPUR - 562 101

9. SMT. ANURADHA W/O LATE RAJU AGED ABOUT 54 YEARS

10. SMT. SHEETHAL D/O LATE RAJU AGED ABOUT 35 YEARS

11. SMT ARCHANA D/O LATE RAJU AGED ABOUT 33 YEARS R/A 3RD CROSS, CANARA BANK ROAD, CHAMARAJPET, CHIKKABALLAPUR - 562 101

12. VASANTHA D/O LTE RAJU AGED ABOUT 54 YEARS R/A 3RD CROSS OLD CANARA BANK ROAD, CHAMARAJPET, CHIKKABALLAPUR - 562 101

13. SRI SOMASHEKAR S/O CHIKKAVEERANNA AGED ABOUT 64 YEARS R/A NO.1321, MADHURI VEERABHADRASWAMY KRUPA BEHIND GOVERNMENT FIRST GRADE COLLEGE, CHIKKABALLAPURA - 562 101.

14. SMT M S GAYATHRIDEVI W/O SOMASHEKAR

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AGED ABOUT 64 YEARS R/A NO.1321, MADHURI VEERABHADRASWAMY KRUPA BEHIND GOVERNMENT FIRST GRADE COLLEGE, CHIKKABALLAPURA - 562 101.

15. SMT B M PREMA KUMARI W/O. C.R. JAGADEESHWAR, AGED ABOUT 57 YEARS, C/O. JAGADEESH MEDICALS, R/A. 2ND NAGARATHPETE, SHIDLAGHATTA TOWN, CHIKKABALLAPURA - 562 101.

16. SRI LAKSHMI NARAYANAPPA S/O. SIDDALLINGAPPA, AGED ABOUT 67 YEARS, R/A.NO.576, BEHIND VANI TALKIES, CHIKKABALLAPURA TOWN - 562 101.

17. SMT T S HEMALATHA W/O. R. VENKATESH, AGED ABOUT 53 YEARS, R/A. C/O. RANI GARMENTSW, B.B. ROAD, CHIKKABALLAPURA - 562101.

18. SMT V SUBHASHINI W/O. T.S. SRIDHAR, AGED ABOUT 41 YEARS, R/A. NO.404, KORAMARAPET, CHIKKABALLAPURA - 562 101.

19. SRI H K SRINIVAS MURHTY S/O. H.G. KESHAVAN, AGED ABOUT 63 YEARS, ABOVE SRI. LAKSHMI CEMENT AGENCIES, BESIDES BYRAVESHWARA FINANCIERS, BELLIYAPPA BUILDING, HASSAN - 573 201

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20. SRI C N CHANDRANNA S/O. NANJAPPA, AGED ABOUT 61 YEARS, HIGH SCHOOL TEACHER, BEHIND BASAVESHWARA KALYANA MANTAPA, BELLIYAPPA BUILDING, HASSAN - 573 201

21. SRI I P SHIVARAMA PRASAD S/O. IYATHA PATTABHIRAMA SHETTY, AGED ABOUT 54 YEARS, R/A. NO.43, BEHIND KANNIKAPARAMESHWARI TEMPLE, CHIKKABALLAPURA - 562 101.

22. KUMARI RAMARATHNA D/O. D.C. PAPANA, TEACHER CONVENT SCHOOL, AGED ABOUT 62 YEARS, R/A. 3RD DIVISION, KHARKHANPET, N.P.O. ROAD, CHIKKABALLAPURA - 562 101.

23. SRI. D.P.RAMAKRISHNA S/O. D.C. PAPANNA, AGED ABOUT 75 YEARS, R/A. 3RD DIVISION, KHARKHANPET, N.P.O. ROAD, CHIKKABALLAPURA - 562 101

24. SMT K.R.INDUMATHI W/O. RAMANAGARADA NAGARAJ, AGED ABOUT 56 YEARS, R/A. BHUVAN COLLEGE COMPOUND, VENKATALA, YELAHANKA, BANGALORE - 560 064.

25. SRI. M. LAKSHMAN DAS S/O. M. MUNISWAMAPPA, AGED ABOUT 66 YEARS,

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KSRTC MECHANIC, R/A. 639, OPPOSITE NEELA KRISHNAPAS SHOP, VALASANNA STREET, KANDAVARAPET, CHIKKABALLAPURA - 562 101.

26. SMT. A.N.GEETHA W/O. K.V. LAVA KUMAR, AGED ABOUT 57 YEARS, R/A. OPPOSITE BCM GIRLS HOSTEL, NEAR PRASHANTHI BALAMANDIRA, NORTH EXTENSION, CHIKKABALLAPURA - 562 101

27. KUMARI M VIDYASHREE D/O. G.M. MANJUNATH, AGED ABOUT 32 YEARS, R/A. 173, COTTON PET MAIN ROAD, COTTONPET, BANGALORE - 560 053.

28. SMT. K.V.LALITHA W/O. G.M. MANJUNATH, AGED ABOUT 51 YEARS, R/A. 173, COTTON PET MAIN ROAD, COTTONPET, BANGALORE - 560 053.

29. SRI. K.R.DWARAKANATH SINCE DECEASED BY HIS LRS

SMT K S SUGUNA W/O LATE SRI K R DWARAKANATH AGED ABOUT 59 YEARS

30. MASTER H.THAMAN KRISHNA S/O LATE SRI K R DWARAKANATH AGED ABOUT 10 YEARS

BOTH RESIDING AT SHANKUR MUTT ROAD WARD NO.16, CHIKKABALLAPURA CITY - 562101.

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[SINCE APPELLANT NO.31 IS MINOR HE IS REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN APPELLANT NO.1 HEREIN, SMT. K.S. SUGUNA]

31. SMT. C.LAKSHMI W/O. V. SHEKAR, AGED ABOUT 45 YEARS, R/A. 175, 9TH CROSS, 2ND MAIN, BHAKSHI GARDEN, BENGALURU CITY-560053

32. B.DEVARAJ S/O LATE BACHAPPA AGED ABOUT 60 YEARS R/A CHEEDACHIKKANAHALLI VILLAGE NANDI HOBLI CHIKKABALLAPURA CHIKKABALLAPURA-562101

33. SRI. B.NARAYANAPPA S/O. VEERAPPA, AGED ABOUT 74 YEARS, R/A. BANNIKUPPE VILLAGE, AAGALAGURIKE POST, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA-562101.

34. SRI. B.M.MUNIREDDY S/O. MUNEGOWDA, AGED ABOUT 40 YEARS, R/AT RAMADEVARAGUDI POST, KASBA HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA-562101.

35. SRI. S.H.SURESH S/O. H. P. SRINIVASA MURTHY, AGED ABOUT 54 YEARS,

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R/AT. 68, 5TH CROSS, 2ND MAIN, SOWDAMINI BADAVANE, KONANAKUNTE, BENGALURU-560052

36. SRI. K.A.SHAMANNA S/O. APPAIAH, AGED ABOUT 66 YEARS, R/A.NEELADRI NILAYA, MUNICIPAL LAYOUT, M.G. ROAD, CHIKKABALLPURA-562101

37. SRI. K.MUNIKRISHNAPPA S/O. KEMPANNA, AGED ABOUT 59 YEARS, R/A. CHEEDACHIKKANAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA-562101

38. SRI M NARAYANASWAMY S/O.MUNISHAMAPPA, AGED ABOUT 48 YEARS, R/A.AGALAGURIKE POST, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA-562101.

39. SRI. LAKSHMIKANTHACHARI, S/O. LATE. KRISHNACHARI, AGED ABOUT 66 YEARS, ADMINISTRATIVE SECTION, KUMARA KRUPA GUEST HOUSE, HIGH GROUNDS, BENGALURU - 560 001.

40. SMT. H.M. MUNIRATHNAMMA, W/O. M. MUNIKRISHNA, AGED ABOUT 58 YEARS,

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R/A. NO.37, 8TH G STREET, ULSOOR, GOWGUPALYA, BENGALURU - 560 008.

41. SMT. K. SUVARNAMALA, W/O. K. SAIBABA, AGED ABOUT 71 YEARS, R/A. MARKAPURAM ZILLA PARISHAT GIRL HIGH SCHOOL, MARKAPURAM, PRAKASHAM DISTRICT, ANDHRA PRADESH - 523 316.

42. SRI. S.P. SHIVANNA, S/O. PILLAPPA, AGED ABOUT 50 YEARS, R/A. SEEKAYANAHALLI VILLAGE, KUNDANA HOBLI, VISHWANATHAPURAM POST, DEVANAHALLI TALUK, BANALORE RURAL DISTRICT - 562 110.

43. SRI. ASHWATHANARAYANA, S/O. CHIKKA KARIYAPPA, AGED ABOUT 57 YEARS, R/A. SOMANAHALLI VILLAGE, GUDIBANDA TALUK, CHIKKABALLAPURA - 561 209

44. SMT. SHANTHA ERAPPA, S/O. B. ERAPPA KAS, AGED ABOUT 66 YEARS, R/A. 1ST CROSS, LAKSHMINARASIMHANILAYA, SOMESHWARA EXTENSION, TUMAKURU - 572 102.

45. SRI. R. RAMACHANDRAIAH, S/O. ANNAYAPPA, AGED ABOUT 58 YEARS,

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R/A. 663, OLD CANARA BANK ROAD, CHAMARAJAPET, CHIKKABALLAPURA - 562 101.

46. SMT. SAI KUMARI, W/O. K. SATHYA SHANKAR, AGED ABOUT 58 YEARS, C/O. MARKAPURAM ZILLA PARISHAT GIRLS HIGH SCHOOL, MARKAPURAM, PRAKASHAM DISTRICT, ANDHRA PRADESH - 523 316.

47. SRI. M. MARISWAMY, S/O. MUNIYAPPA, AGED ABOUT 55 YEARS, DHARMACHATRA ROAD, CHIKKABALLAPURA - 562 101.

48. SRI. R. CHANDRAPPA, S/O. LATE. G. RUDRAPPA, AGED ABOUT 50 YEARS, R/A. DAIRY NARAYANASWAMY HOUSE ROAD, VAPASANDRA, CHIKKABALLAPURA - 562 101.

…RESPONDENTS

THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 21.09.2022 PASSED IN RA NO.90/2019 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, CHIKKABALLAPUR., PARTLY ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 19.01.2019 PASSED IN OS NO.121/2007 ON THE FILE OF II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

1. The present second appeal is filed by the purchasers of suit schedule 18 and 33 properties seeking to assail the judgment dated 21.09.20221 passed and R.A. No.90/2019 by the Court of Prl. Judge, Family Court, Chikkaballapura2.

2. The appellants were not parties either to the suit or to the appeal and hence, they have filed I.A.1/2023 for leave to prefer the present appeal. The appellants are purchasers of the said item Nos.18 and 33 properties having purchased the same from respondent No.43 herein, who was arrayed as respondent No.41 before the first appellate Court.

3. It is forthcoming, that the suit [O.S. No.121/2007] for partition filed was dismissed by the II Addl. Senior Civil Judge and JMFC., Chickballapur3 vide judgment and decree dated 19.01.2019. Thereafter in the appeal vide the impugned 1 Hereinafter referred to as 'impugned judgment' 2 Hereinafter referred to as 'First Appellate Court' 3 Hereinafter referred to as the 'trial Court' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

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judgment, the first appellate Court partly allowed the said appeal and passed the following order:

"The appeal preferred by the minor plaintiffs/appellants under Section 96 read with Order 41 Rule 1 of C.P.C. is partly allowed with cost.

The suit is partly decreed.

The suit in respect of item Nos.2 to 5, 9 to 15, 20 to 27, 31, 32, 38 to 40 and 41 is dismissed.

Minor plaintiffs are entitled for 1/3rd share in rest of hte schedule properties.

1/3rd share of the deceased first defendant and 2nd defendant in the remaining properties shall have to be adjusted to the properties already sold in favour of subsequent purchasers so as to do the equity in favour of minor plaintiffs at the time of drawing final decree.

Office is directed to draw preliminary decree accordingly.

Office is directed to send the trial court records along with the copy of this judgment."

4. Learned counsel for the appellants submits that the appellants are the purchasers of the said Item Nos.18 and 23 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

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properties and the vendor of the appellants was not properly served either in the suit or in the appeal.

5. It is clear that the appellants being purchasers of two items of the suit properties are required to agitate their grievances in the final decree proceedings. The appellants could agitate right, title and interest that their vendors exercised, in the property purchased by them. Accordingly, the appeal is dismissed.

6. This order will not preclude the appellants from agitating their grievances in the final decree proceedings. All rights of the appellants in that regard are kept open to be agitated in the final decree proceedings.

7. Pending I.As. stand disposed of.

(C.M. POONACHA) JUDGE

BS LIST NO.: 1 SL NO.: 23

Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA