Karnataka High Court
RFA/990/2014 of SRI B N VASU Vs SRI GANGADHARA B N on 15 June 2026
NC: 2026:KHC:28989-DB RFA No. 990 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF REGULAR FIRST APPEAL NO. 990 OF 2014 (PAR/DEC-) BETWEEN: SRI. B.N. VASU, S/O SRI.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
REGULAR FIRST APPEAL NO. 990 OF 2014 (PAR/DEC-)
BETWEEN:
SRI. B.N. VASU,
S/O SRI. B.NANJAPPA,
AGED ABOUT 40 YEARS,
R/AT HIRIDEVI TEMPLE ROAD,
BELAGOLA VILLAGE & HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 606.
…APPELLANT
(BY SRI. K.M. SOMASHEKARA., ADVOCATE)
AND:
1.
SRI GANGADHARA B.N.,
S/O SRI D.NANJAPPA,
AGED ABOUT 43 YEARS,
NARASIMHASWAMY TEMPLE ROAD,
BELAGOLA,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 606.
2.
SRI. D.NANJAPPA,
S/O LATE P.DEVARAJEGOWDA,
AGED ABOUT 75 YEARS,
NARASIMHASWAMY TEMPLE ROAD,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 606.
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
3.
SMT.LAKSHMAMMA,
W/O SRI. D.NANJAPPA,
AGED ABOUT 63 YEARS,
R/AT HIRIDEVI TEMPLE ROAD,
BELAGOLA VILLAGE, & HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 606.
4.
SMT. YASHODA B.N.,
W/O SRI. SHANKARANANDA,
R/AT KYATANAHALLI VILLAGE,
(ANANDA RADIO CENTRE)
PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 427.
5.
SMT. INDIRAMMA B.N.,
SINCE DEAD BY HER LRS
SRI. N.SRINIVAS,
S/O LATE SRI. NARASIMHEGOWDA,
AGED ABOUT 59 YEARS,
6.
SRI. CHETHANAPRASAD M.S.,
AGED ABOUT 28 YEARS,
7.
KUM.SUSHMITHA M.S.,
AGED ABOUT 23 YEARS,
RESPONDENT NO.5 IS THE HUSBAND
& NOS.6 & 7 ARE THE CHILDREN OF
LATE SMT. INDIRAMMA B.N.,
R5 TO R7 ARE R/AT
DO.NO.56, 2ND MAIN,
MAHAJANA LAYOUT,
MYSORE - 560 040.
…RESPONDENTS
(BY SRI. D.C. DEEPAK, ADVOCATE FOR R4 TO R7, R1, R2 AND R3 ARE SERVED AND UNREPRESENTED)
HC-KAR
THIS RFA IS FILED UNDER SECTION 96 OF CPC., AGAINST THE ORDER DATED:15.03.2014 PASSED IN OS
NO.36/2011 ON THE FILE OF THE ADDL. CITY CIVIL JUDGE
(SR.DN)
SRIRANGAPATNA,
ORDERING
TO
DRAW
FINAL
DECREE IN TERMS OF COMPROMISE PETITION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal under Section 96 r/w Order XLI Rule 1 of the Code of Civil Procedure, 1908, impugning the judgment and decree dated 15.03.2014 in O.S.No.36/2011 passed by Additional Civil Judge (Senior Division), Srirangapatna.
2. The appellant who was defendant No.5 has got the final decree registered and pursuance to the final decree, he has disposed of one property which came to his share vide sale deed dated 11.08.2016. This fact has been brought on record by the respondent Nos.4 to 7 by filing
HC-KAR
application Under Order XLI Rule 27 r/w Section 151 of Code of Civil Procedure, 1908. These documents are not disputed. Suffice the appellant himself has got the final decree registered and acted upon. Since the documents are not disputed and they are subsequent to the judgment and decree, the application I.A.No.1/2024 is allowed, as the same comes within the purview of the provisions contemplated Order XLI Rule 27 of Code of Civil Procedure, 1908.
3. We find no merit in this appeal and accordingly, dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RR List No.: 1 Sl No.: 26 ct-vn