Karnataka High Court

RFA/1048/2017 of M/S UPKAR DEVELOPERS Vs SMT. MANONMANI on 4 June 2026

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NC: 2026:KHC:26531-DB RFA No. 1048 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH 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. 1048 OF 2017 (PAR-) BETWEEN: 1. M/S UPKAR DEVELOPERS A

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH 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. 1048 OF 2017 (PAR-)

BETWEEN:

1.

M/S UPKAR DEVELOPERS

A REGISTERED PARTNERSHIP FIRM

REGISTERED UNDER REGISTRAR OF FIRMS

REGISTERED OFFICE AT NO.28,

UPKAR TOWERS, 9TH CROSS,

OPP. R.V. ROAD, JAYAANGAR II BLOCK,

BENGLAURU 560 011.

REPRESENTED BY ITS

MANAGING PARTNER

MR. K.H. KHAN,

S/O LATE N.A. KHAN

(BENEFIT OF SENIOR CITIZENSHIP

IS NOT CLAIMED BY THE APPELLANT

AT PRESENT IN THIS APPEAL)

…APPELLANT

(BY SRI. BHADRINATH R., ADVOCATE)

AND:

1.

SMT. MANONMANI

AGED ABOUT 54 YEARS,

W/O JEEVAN

RESIDNG AT NO.79/11,

M.K. JAYA COMPOUND,

M.E.S. COLONY, HUNSUR 571114

MYSORE DISTRICT.

Digitally

signed by

VASANTHA

KUMARY B

K

Location:

HIGH

COURT OF

KARNATAKA

HC-KAR

2.

SMT. USHA

AGED ABOUT 58 YEARS

W/O LAWTE PURUSHOTHAMA

C/O PUTTASWAMY,

NO.424, GROUND FLOOR,

17TH MAIN, 2ND CROSS,

K.H.B. COLONY, 5TH BLOCK,

KORAMANGALA

BENGALURU 560 076.

3.

SRI. M.K. ANANDA

AGED 48 YEARS,

S/O LAE M.K. JAYA

4.

SRI. M.K. NANDA

AGED 44 YEARS

S/O LATE M.K. JAYA

R3 & R4 RESIDING AT M.K. JAYA COMPOUNDK, NES COLONY, HUNSUR 571114

MYSORE DISTRICT.

5.

SMT. ASHA

W/O ASHOK AMIN

AGED ABOUT 48 YEARS,

RESIING AT DURGA NIVAS

ROOM NO.5, BLOCK "G" NEAR ITI,

POWAI, MUMBAI 400 076.

6.

SRI. BASAVARAJU

S/O DEVAIAH

RESIDING AT BILIKERE VILLAGE

HUNSUR 571105.

7.

SRI. NAGARAJU

S/O DODDAIAH

AGED ABOUT 48 YEARS,

BANNI STREET

HUNSUR TOWN-571114

HC-KAR

MYSORE DISTRICT.

8.

SRI. DEEPAK

AGED 26 YEARS

S/O M.K. ANANDA

9.

SRI. DHEERESH

AGED 24 YEARS

S/O M.K. ANANDA

10.

SRI. ANISH

AGED 20 YEARS

R8 to R10 ARE

RESIDING AT M.K. JAYA COMPOUND

NES COLONY, HUNSUR-571114

MYSORE DISTRICT.

…RESPONDENTS

(BY SRI. SUNEEL S.NARAYAN, ADVOCATE FOR R1 & R2; SRI. MALLAPPA S NACHAVAR, ADVOCATE FOR

SRI. B S NAGARAJ, ADVOCATE FOR R3, R4, R8, R9

& R10., ADVOCATE;

R5, R6 AND R7 ARE SERVED AND UNREPRESENTED)

THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED:15.07.2011

PASSED IN OS.NO.158/2005 ON THE FILE OF THE SENIOR

CIVIL JUDGE AND JMFC, HUNSUR., PARTLY DECREEING THE

SUIT FOR PARTITION.

THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS

DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

HC-KAR

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The proposed applicant has filed the present appeal along with the application seeking condonation of delay of 3882 days, as well as the application seeking leave of this Court to file an appeal challenging the judgment and decree dated 15.07.2011 passed by the Additional Senior Civil Judge and JMFC, Hunsur in Original Suit No.158/2005 filed by respondent Nos.1 and 2 seeking partition of the suit schedule property. During the pendency of this suit, the defendant Nos.4 and 5 namely, Basavaraju and Nagaraju, disposed of the 'A' schedule property in favour of one Satya without leave of this Court. No application was filed before this Court when the lis was pending seeking alienation of 'A' schedule property in favour of Satya, however, the applicant has purchased the 'A' schedule property from Satya.

2. We are of the view that the application cannot be maintained and that there is no sufficient reason to condone such an enormous delay of 3882 days. We, therefore, dismiss the appeal. Resultantly, the proposed application is also dismissed. However, the amount deposited by the appellant,

HC-KAR

before this Court in pursuance of the interim order dated 23.09.2025, shall be refunded along with interest accrued thereon. The applicant may work out legal remedies against Satya or any other person in accordance with law. However, the applicant cannot be allowed to challenge the judgment and decree in question.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

RKA List No.: 1 Sl No.: 17

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