Karnataka High Court
RSA/1338/2007 of MYSORE URBAN DEVELOPMENT AUTHORITY Vs R PUTTAIAH SINCE DECEASED BY LRS K P KEMPAIAH on 16 July 2026
CNR: KAHC010241522007 NC: 2026:KHC:37108 RSA No. 843 of 2007 C/W RSA No. 1338 of 2007 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.843 OF 2007 (RES) C/W REGULAR SECOND APPEAL NO.1338 OF
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JULY, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
REGULAR SECOND APPEAL NO.843 OF 2007 (RES)
C/W
REGULAR SECOND APPEAL NO.1338 OF 2007 (RES)
IN RSA NO.843/2007:
BETWEEN:
1.
VISHAKANTEGOWDA
SINCE DEAD BY HIS LRS
SMT. THAYAMMA
AGED ABOUT 60 YEARS
W/O LATE VISHAKANTEGOWDA
2.
KEMPARAJU
AGED ABOUT 40 YEARS
S/O LATE VISHAKANTEGOWDA
3.
PRAKASH
AGED ABOUT 38 YEARS
S/O LATE VISHAKANTEGOWDA
4.
SMT. MANJULA
AGED ABOUT 32 YEARS
D/O LATE VISHAKANTEGOWDA
5.
NAGENDRA
AGED ABOUT 30 YEARS
S/O LATE VISHAKANTEGOWDA
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
6.
BABU
AGED ABOUT 28 YEARS
S/O LATE VISHAKANTEGOWDA
SL.NOS.1 TO 6 ARE
RESIDING AT DEVARAJA MOHALLA
ANNAYAPPANA BEEDI
KUMBARA KOPPAL
MYSORE-570016.
7.
ASHWATH KUMSHI
S/O LATE SHIVASIDDEGOWDA
AGED ABOUT 57 YEARS
R/AT NO.277, 2ND CROSS
NEAR MAHADESHWARA HIGH SCHOOL
MAHADESHWARA EXTENSION
MYSORE-570016.
8.
VIJAYA KUMAR
S/O. LATE SHIVASIDDEGOWDA
AGED ABOUT 55 YEARS
R/AT NO.276, 2ND CROSS,
NEAR MAHADESHWARA HIGH SCHOOL
MAHADESHWARA EXTENSION
MYSORE-570016.
…APPELLANTS
(BY SRI. M. ERAPPA REDDY, ADVOCATE FOR
APPELLANTS NO.1 TO 6;
SRI. H.M. MANJUNATHA, ADVOCATE FOR
APPELLANTS NO.7 AND 8)
AND:
1.
1(a)
R. PUTTAIAH
SINCE DEAD BY HIS LRS
K.P. KEMPAIAH
AGED ABOUT 45 YEARS
S/O LATE R. PUTTAIAH
HC-KAR
1(a)(1)
SMT. SHANTHAMMA
W/O. LATE K.P. KEMPAIAH
SINCE DEAD BY LR'S
1(a)(1)(1)
SRI. KEMPARAJU
S/O. LATE K.P. KEMPAIAH
AGED ABOUT 35 YEARS
1(a)(1)(2)
SMT. SUJATHA
D/O. LATE K.P. KEMPAIAH
AGED ABOUT 32 YEARS
1(a)(1)(3)
SMT. RUKMINI
D/O. LATE K.P. KEMPAIAH
AGED ABOUT 30 YEARS
RESPONDENTS NO.1(a)(1)1 TO 1(a)(1)3 ARE
RESIDING AT NO.263/A,GOKULAM 2ND STAGE
MYSORE - 570 002.
1(a)(1)(4)
SMT. TEJA
AGED ABOUT 55 YEARS
W/O. LATE P. RAMASWAMY
1(a)(1)(5)
SRI. GIRISH
AGED ABOUT 32 YEARS
S/O. LATE P. RAMASWAMY
1(a)(1)(6)
SMT. SOWMYA R
AGED ABOUT 30 YEARS
D/O. LATE P RAMASWAMY
W/O. SRI ASHOK
RESPONDENTS NO.1(a)(1)4 TO 1(a)(1)6 ARE
RESIDING AT NO.263/A, OKULAM 2ND STAGE,
MYSURU- 570 002.
(RESPONDENTS 1(a)(1)4 TO 1(a)(1)6 ARE
IMPLEADED AND AMENDED AS PER ORDER
DATED 16.07.2026)
HC-KAR
1(b)
K.P. NINGARAJU
S/O LATE R. PUTTAIAH
SINCE DEAD BY HIS LRS.
1(b)(1)
SMT. LAKSHMAMMA
W/O. LATE K.P. NINGARAJU
AGED ABOUT 50 YEARS
1(b)(2)
PUNITH
S/O. LATE K.P.NINGARAJU
MINOR, REPRESENTED BY HIS MOTHER
AND NATURAL GUARDIAN
SMT. LAKSHMAMMA
1(b)(3)
VANITHA D/O. LATE K.P.NINGARAJU
AGED ABOUT 21 YEARS
1(b)(4)
REKHA D/O. LATE K.P.NINGARAJU
AGED ABOUT 19 YEARS
1(c)
SMT. NARASAMMA
AGED ABOUT 40 YRS
D/O LATE R. PUTTAIAH
ALL ARE RESIDING AT NO.263/A
GOKULAM 2ND STAGE
MYSORE-570 002.
2.
MYSORE URBAN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS CHAIRMAN
MYSORE-570 005.
…RESPONDENTS
(BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE FOR
R(1)(a)(1)(1), R(1)(a)(1)(4), R(1)(a)(1)(5), R(1)(a)(1)(6) AND R(1)(c); SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2)
HC-KAR
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 29.01.2007
PASSED IN R.A.NO.422/2004 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-V, MYSORE, ALLOWING THE
APPEAL
AND
SETTING
ASIDE
THE
APPEAL
AND
THE
JUDGEMENT AND DECREE DATED 18.12.1995 PASSED IN
O.S.NO.516/1986 ON THE FILE OF THE III ADDL.I MUNSIFF, MYSORE.
IN RSA NO.1338/2007:
BETWEEN:
1.
MYSORE URBAN DEVELOPMENT AUTHORITY
J.L.B.ROAD, MYSORE-570001
REPRESENTED BY ITS
COMMISSIONER.
...APPELLANT
(BY SRI. T.P. VIVEKANANDA, ADVOCATE)
AND:
1.
R. PUTTAIAH
SINCE DECEASED BY LRS
K.P. KEMPAIAH
S/O. LATE R. PUTTAIAH
R/AT DOOR NO.263/A
GOKULAM II STAGE
MYSORE-570002
DIED ON 21.05.2021
SINCE DEAD BY LRS
HC-KAR
1(a).
SMT. SHANTAMMA
W/O. LATE K.P.KEMPAIAH
AGED ABOUT 59 YEARS
DIED-R1(b) TO (d) ARE
TREATED AS LRS OF DECEASED R1(a).
1(b).
SRI. KEMPARAJU
S/O. LATE K.P. KEMPAIAH
AGED ABOUT 32 YEARS
1(c)
SMT. SUJATHA
D/O. LATE K.P. KEMPAIAH
AGED ABOUT 32 YEARS
1(d)
DAKSHYANI K
D/O LATE K.P. KEMPAIAH
AGED ABOUT 30 YEARS
2.
LATE K.P. NINGARAJU
S/O. LATE R. PUTTAIAH
2(a)
SMT. LAKSHMAMMA
W/O. LATE K.P. NINGARAJU
AGED ABOUT 61 YEARS
2(b)
SMT. VANITHA
D/O. LATE K P NINGARAJU
AGED ABOUT 33 YEARS
2(c)
SMT. REKHA
D/O. LATE K.P. NINGARAJU
AGED ABOUT 31 YEARS
2(d)
PUNITH
S/O. LATE K.P. NINGARAJU
AGED ABOUT 31 YEARS
RESPONDENTS NO.2(a) TO 2(d) ARE
RESIDING AT NO.263/A, GOKULAM
2ND STAGE, MYSORE- 570 002.
HC-KAR
3.
SMT. NARASAMMA
MAJOR, R/AT DOOR NO.263/A
GOKULAM, 2ND STAGE
MYSORE-570 002.
4.
SRI. LATE VISHANKANTE GOWDA
S/O. LATE SHIVAPADEGOWDA
DIED ON 09.07.1999
(RESPONDENTS NO.5 TO 10 ARE
LRS OF DECEASED RESPONDENT NO.4)
5.
SMT. THYAMMA
W/O. LATE VISHAKANTEGOWDA
AGED ABOUT 63 YEARS
6.
SRI. KEMPARAJU
S/O. LATE VISHAKANTEGOWDA
AGED ABOUT 43 YEARS
7.
SRI. PRAKASH
S/O. LATE VISHAKANTEGOWDA
AGED ABOUT 41 YEARS
8.
SMT. MANJULA
D/O. LATE VISHAKANTEGOWDA
AGED ABOUT 35 YEARS
9.
SRI. NAGENDRA
S/O. LATE VISHAKANTEGOWDA
AGED ABOUT 33 YEARS
10.
SRI. BABU
S/O. LATE VISHAKANTEGOWDA
AGED ABOUT 31 YEARS
ALL ARE RESIDING AT DEVARAJA
MOHALLA, ANNAYAPPANA BEEDI
KUMBARAKOPPAL
MYSORE-570 016.
HC-KAR
11.
SMT. TEJA
AGED ABOUT 55 YEARS
W/O. LATE P. RAMASWAMY
12.
SRI. GIRISH
AGED ABOUT 32 YEARS
D/O. LATE P. RAMASWAMY
W/O. SRI. ASHOK
13.
SMT. SOWMYA R
AGED ABOUT 30 YEARS
D/O. LATE P. RAMASWAMY
W/O. SRI. ASHOK
RESPONDENTS NO.11 TO 13 ARE
R/AT NO.263/A, GOKULAM 2ND STAGE
MYSORE-570 002.
...RESPONDENTS
(BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE FOR
R2(a)(b), R11, R12 AND R13;
SRI. M. ERAPPA REDDY, ADVOCATE FOR R5 TO R10; R4 IS DEAD AND LRS ALREADY ON RECORD AS R5 TO R10, VIDE ORDER DATED 27.03.2012; NOTICE TO R1(c) IS HELD SUFFICIENT
VIDE ORDER DATED 27.10.2023;
NOTICE TO R1(d) IS HELD SUFFICIENT
VIDE ORDER DATED 19.12.2024)
THIS RSA IS FILED UNDER SECTION 100 CPC, AGAINST
THE JUDGMENT AND DECREE DATED 29.1.2007 PASSED IN
R.A.NO.422/2004 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-V, MYSORE, ALLOWING THE APPEAL
AND SETTING ASIDE THE JUDGMENT AND DECREE DATED
18.12.1995 PASSED IN O.S.NO.516/1986 ON THE FILE OF
THE III ADDL.I MUNSIFF, MYSORE.
HC-KAR
THESE APPEALS ARE COMING ON FOR DISMISSAL THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL JUDGMENT
Heard the counsel for appellants and also the counsel appearing for respondents.
2. This Court having found the identification of the property between the parties vide order dated 10.01.2022 directing the Mysuru Development Authority (MUDA) to inspect the spot and submit a report. Now the report is submitted by the MUDA on 02.02.2022 stating that consequent upon the direction given by this Court dated 10.01.2022 conducted the spot inspection of sites allotted in favour of the plaintiffs and defendant No.2 and submitted the report. At the time of spot inspection, it was found that though the original plaintiff was allotted with site No.263, measuring 50’ to 75’ feet, however, he
HC-KAR
has constructed residential house in site No.263/A which was actually allotted in favour of Sri Vishakante Gowda.
3. It is further found that Sri Vishakante Gowda has allotted site No.263/A and 263/B both measuring 50’ to 75’ under Land Loser quota in view of the dispute in respect of site No.263/B. Sri Vishakante Gowda has sought for allotment of alternative site and had been allotted alternative site in Metagalli Layout and his claim at Gokulam layout remains only with regard to Site No. 263/A. In the light of the facts and circumstances prevailing as on date, site No. 263/A, measuring 50’x75’ on which building is constructed by LRs’ of Puttaiah, the original plaintiff could be confirmed in their favour and site No.263, which is in possession of Sri. Vishakantegowda, could be confirmed in favour of his legal representatives. Consequently, the claim of legal representatives of Puttaiah for issuance of possession certificate and allotment letter in respect of site No.263 may have to be
HC-KAR
rejected inasmuch as the original allottee Puttaiah was not entitled for allotment of two sites from CITB. Copy of the communication addressed to the undersigned by the appellant is produced before the kind perusal of this Court.
4. The respective counsels are present before the Court and in view of mis-identification and construction of the building in different sites which has led to litigation between the parties. In view of the spot inspection and clarifying the report filed by the MUDA and also misidentification of the property in site No.263/A, measuring 50’x75’ on which building is constructed by LRs of Puttaiah, i.e. original plaintiff, could be confirmed in their favour and site No.263, which is in possession of Sri. Vishakante Gowda, could be confirmed in favour of his legal representatives and consequently in view of construction made, the same would be the interchange between both of them. Further, in view of clarification report filed by MUDA to execute a sale deed in favour of
HC-KAR
the legal representatives of Puttaiah and also in favour of legal representatives of Visakhante Gowda, the same site No.263/A goes to the LRs’ of Puttaiah and also made it clear that the question of claim of site No.263, made by Sri.Vishakante Gowda does not arise in view of already alternative site is given to Vishakante Gowda at Metagalli Layout in view of the issue between the parties which was taken note of by this Court in the year 2022.
5. Further, it is noted that appellant Nos.1 to 6 who are the legal representatives of Late Vishakante Gowda have no objection to allot site No.263 that is intermediate site in favour of appellant Nos.7 and 8 as the said Vishakante Gowda had executed Will in favour of appellant Nos.7 and 8. The said will is also not disputed by appellant Nos.1 to 6 and to that effect have executed the affidavits confirming the will executed by Vishakante Gowda in favour of appellant Nos.7 and 8. Hence, site No.263 goes in favour of appellant Nos.7 and 8.
HC-KAR
Accordingly, these two Regular Second Appeals are disposed of.
Sd/- (H.P.SANDESH) JUDGE
SSD List No.: 1 Sl No.: 52