The High Court
Case Details
- 1 - NC: 2025:KHC:21205 RSA No. 263 of 2018 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 263 OF 2018 (INJ) BETWEEN: VENKATASUBBAIAH SINCE DEAD BY HIS LRS 1.
Legal Reasoning
SMT. N. LAKSHMI W/O LATE VASUDEVAMURTHY, D/O VENKATASUBBAIAH, AGED 65 YEARS, 2. SMT. UMA W/O LATE C.N. KRISHNAMURTHY, D/O VENKATASUBBAIAH, AGED 63 YEARS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA 3. SRI. B.V. NAGARAJU S/O VENKATASUBBAIAH, AGED 56 YEARS, 4. SRI. SATHYANARAYANA AGED 54 YEARS, S/O VENKATASUBBAIAH, 5. SMT. JAYAMALA AGED 48 YEARS, W/O LATE B.V. KRISHNAMURTHY, 6. SRI. B.V. RAMU AGED 46 YEARS, S/O VENKATASUBBAIAH, - 2 - NC: 2025:KHC:21205 RSA No. 263 of 2018 HC-KAR ALL ARE R/A GADDEBINDENAHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 116. …APPELLANTS (BY SRI. K.N. NITISH ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) AND: C.S.KRISHNAMURTHY SINCE DEAD BY HIS LRS: SRINIVASA S/O KRISHNAMURTHY SINCE DEAD BY HIS LRS: SMT. CHAYADEVI W/O LATE SRINIVASA, AGED 54 YEARS, 1. 2. SRI. RAJATH S/O LATE SRINIVAS, AGED 38 YEARS, RESPONDENT NO.1 AND 2 ARE R/A TILAK STREET, FORT, CHANNARAYAPATNA TOWN AND TALUK, HASSAN DISTRICT-573 116. 3. SMT. RAKSHITHA AGED 30 YEARS, W/O SHASHIDHAR, D/O LATE SRINIVASA, R/A FORT, MARIGUDI STREET, CHANNARAYAPATNA, HASSAN DISTRICT-573 116. 4. SMT. GAYATHRI AGED 56 YEARS, W/O RAMACHANDRA, D/O LATE KRISHNAMURTHY, R/A NETHAJI STREET, FORT, CHANNARAYAPATNA TOWN AND TALUK, HASSAN DISTRICT-573 116. - 3 - NC: 2025:KHC:21205 RSA No. 263 of 2018 HC-KAR ANNAPOORNA SINCE DEAD BY HER LRS 5. SRI. SRIKANTH S/O LATE SATHISH, AGED 34 YEARS, 6. SRI. SACHIN S/O LATE SATHISH, AGED 30 YEARS, RESPONDENT NO.5 AND 6 ARE R/A GOWRAMMA COMPOUND, NEAR HEMAVATHI HOSPITAL, DWARAKANATH BUILDING, HASSAN TALUK, HASSAN CITY AND DISTRICT-573 201. 7. SMT. SRIVIDYA W/O RAGHUNANDAN, AGED 36 YEARS, R/A EWS NO.607, 2ND STAGE, KUVEMPUNAGAR, MYSORE CITY AND TALUK MYSORE DISTRICT-570 023. 8. SMT. AMBA W/O LATE KRISHNAMURTHY, AGED 68 YEARS, R/A NEAR MAKAN, CHANNARAYAPATNA TOWN, HASSAN DISTRICT-573 116. 9. SHARADA AGED 42 YEARS, W/O GANESHA, D/O LATE KRISHNAMURTHY, R/A TANNERU HALLA, HASSAN DISTRICT. - 4 - NC: 2025:KHC:21205 RSA No. 263 of 2018 HC-KAR SHANTHA SUBRAMANYA D/O LATE KRISHNAMURTHY, SINCE DEAD BY HER LRS: 10. SRI. SUBRAMANYA S/O LATE NARAYANA RAO, AGED 45 YEARS, 11. KUM POOJA D/O SUBRAMANYA, AGED 28 YEARS, 12. KARTHIK D/O SUBRAMANYA, AGED 26 YEARS, RESPONDENT NO.10 TO 12 ARE R/A ASHOK NAGAR, DODDA GUBBI VILLAGE AND POST, BANGALORE NORTH TALUK, BANGALORE RURAL DISTRICT-562 149. 13. SAVITHA W/O N. SRINIVASA, D/O LATE KRISHNAMURTHY, AGED 42 YEARS, R/A HANNAMARANAHALLI VILLAGE, BELAVADI POST, ARKALGUD TALUK, HASSAN DISTRICT-573 102. 14. GOWRI D/O LATE KRISHNAMURTHY, 15. KAVITHA D/O LATE KRISHNAMURTHY, RESPONDENT NO.14 AND 15 ARE R/A NEAR MAKAN, CHANNARAYAPATNA TOWN, HASSAN DISTRICT-573 116. - 5 - NC: 2025:KHC:21205 RSA No. 263 of 2018 HC-KAR 16. SMT. NAGARATHNA @ NAGU W/O RAVI, AGED 48 YEARS, R/A ANNAPURNESHWARI GRINDERS, AGRAHARA STREET, CHANNARAYAPATNA TOWN, HASSAN DISTRICT-573 116. GOPALKRISHNA SINCE DEAD BY HIS LRS: 17. SMT. SUDHALAKSHMI W/O LATE C.S.GOPALA @ GOPALAKRISHNA, AGED 77 YEARS, 18. SMT. G. MANJULA W/O LATE H.R. SHAMANNA, AGED 55 YEARS, 19. SRI. C.G. VENKATESH S/O LATE C.S. GOPAL @ GOPALAKRISHNA, AGED 50 YEARS, 20. SMT. G. NAGALAKSHMI D/O LATE C.S. GOPAL @ GOPALAKRISHNA, AGED 41 YEARS, SURYANARAYANA SINCE DEAD BY HIS LRS: 21. SMT. MEENAKSHI W/O LATE SURYANARAYANA, AGED 55 YEARS, 22. SMT. LAKSHMI D/O LATE SURYANARAYANA, AGED 31 YEARS, 23. CHANDAN S/O LATE SURYANARAYANA, AGED 29 YEARS, - 6 - NC: 2025:KHC:21205 RSA No. 263 of 2018 HC-KAR RESPONDENT NO.17 TO 23 ARE R/A EWS NO.367, 10TH CROSS, KUVEMPUNAGAR, NEAR MINI VIDHANA SOUDHA, HASSAN CITY AND HASSAN TALUK-573 201. 24. SRI. MANJUNATH S/O SATHYANARAYANA, AGED 50 YEARS, R/A RAMANATHAPURA VILLAGE, RAMANATHAPURA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573 102. 25. SRI. BABU S/O SATHYANARAYANA, AGED 50 YEARS, R/A RAMANATHAPURA VILLAGE, RAMANATHAPURA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573 102. 26. SRI. SATHEESHA @ RAGHUNANDANA S/O SATHYANARAYANA, AGED 48 YEARS, R/A RAMANATHAPURA VILLAGE, RAMANATHAPURA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573 102. …RESPONDENTS (BY SRI. S.N. SUBRAMANYA, ADVOCATE FOR R17 – R20; R1, R2, R3, R4, R5, R6, R7, R10, R11, R12, R26 ARE SERVED; V/O.DTD.24.06.2024, SERVICE OF NOTICE AGAINST R9 AND R26 IS HELD SUFFICIENT; V/O.DTD.30.09.2024, NOTICE TO R8, R13 TO R16 AND R21 TO R24 IS DISPENSED WITH) - 7 - NC: 2025:KHC:21205 RSA No. 263 of 2018 HC-KAR THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DATED 26.10.2017 PASSED IN R.A.NO.18/2002 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., CHANNARAYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 08.06.2000 PASSED IN O.S.NO.73/1987 ON THE FILE OF THE CIVIL JUDGE (JR.DVN), CHANNARAYAPATNA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellants field a memo seeking leave of this Court to withdraw this second appeal as well as the appeal filed before the first appellate Court on the ground that the first appeal filed by the appellants before the first appellate Court is not maintainable in view of the ratio laid down by this Court in the case of M. Krishnappa Smt. Lakshmamma and others reported in 1998 (6) KLJ 656. No appeal lies against the mere finding of the Court for simple reasons. An appeal lies only against a decree or as against an order passed under rules from which an appeal is expressly allowed by under Order XLIII Rule 1 of the Code of Civil Procedure. - 8 - NC: 2025:KHC:21205 RSA No. 263 of 2018 HC-KAR 2. Admittedly, in the instant case, the appellants aggrieved by the finding recorded in issue No.1, preferred an appeal before the first appellate Court. The first appeal filed by the appellants is not maintainable. 3. In view of the ratio laid down in M. Krishnappa case (supra) appeal is not maintainable, however, the memo is taken on record. 4. The appellants are permitted to withdraw the second appeal in RSA No.263/2018 as well as the appeal in R.A.No.18/2002, with a liberty to seek appropriate remedy before the appropriate Forum. The time spent in RA and this RSA is excluded in case if the appellants file a revision petition. Sd/- (ASHOK S.KINAGI) JUDGE BVK List No.: 1 Sl No.: 32