VIMALA MANNE & Ors. v. NONE

(BY SRI. V. JAVAHAR BABU., ADVOCATE) …APPELLANTS - 2 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 AND:

#1. SAROJAMMA, D/O LATE DODDAMUNIYAPPA, AND W/O. MUNI REDDY, AGED ABOUT 79 YEARS.

#2. MEENAKASHAMMA, D/O. LATE. DODDAMUNIYAPPA, AND W/O. LATE. NANJAPPA REDDY, AGED ABOUT 74 YEARS.

#3. VISHALAKSHAMMA, D/O LATE. DODDAMUNIYAPPA, AND W/O LATE NANJA REDDY, AGED ABOUT 69 YEARS.

#4. VIMALAMMA, D/O LATE DODDAMUNIYAPPA AND W/O KRISHNA REDDY, AGED ABOUT 66 YEARS

#5. MENAKAMMA, D/O. LATE DODDAMUNIYAPPA, AND W/O LATE GOPALA REDDY, AGED ABOUT 64 YEARS.

#6. NARAYANA REDDY , S/O LATE PUSHPAMMA AND LATE GOPALA REDDY AND GRAND SON OF LATE DODDAMUNIYAPPA, MAJOR, EXACT AGED NOT KNOWN ALL RESIDING AT DEVARACHIKKANAHALLI VILLAGE, - 3 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 BEGUR HOBLI 560 068, BENGALURU SOUTH TALUK.

#7. VENKATESH REDDY, S/O LATE DODDAMUNIYAPPA, AGED ABOUT 66 YEARS

#8. SRINIVASA REDDY, S/O LATE DODDAMUNIYAPPA, AGED ABOUT 62 YEARS

#9. KAMAKSHAMMA, D/O. LATE DODDAMUNIYAPPA, AND W/O LATE THIMMA REDDY AGED ABOUT 76 YEARS

#10. SHASHIREKHA, D/O. LATE DODDAMUNIYAPPA AND W/O LATE. ANANDA REDDY, AGED ABOUT 60 YEARS, RESPONDENTS 7 TO 10 ARE ALL R/O DEVARACHIKKANAHALLI VILLAGE, BEGUR HOBLI 560 068, BENGALURU SOUTH TALUK.

#11. KODALI RANGARAO S/O. LATE KODALI VEERAIAH AGED ABOUT 73 YEARS, R/O. R.T.C. COLONY, 3RD LINE, SAIBABA TEMPLE ROAD, VIJAYAWADA 520 008, ANDHRA PRADESH.

#12. K. HARISHIKESH KUMAR, S/O V. KUMARA PILLAI, - 4 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 AGED ABOUT 63 YEARS, R/O BHARATHI E5 ELANKOLAM, GRADEN'S VELLA, YAMBALAM, SASTAMANGALAM POST, TRIVENDRAM 695 010 KERALA STATE.

#13. V.C. BASHEER, S/O. Y. YUSUFF, AGED ABOUT 49 YEARS, R/O VATTACHALLI HOUSE, KANNOKKARA POST, BADAGANA VIA, KOZHIKODE 573 102 KERALA STATE.

#14. N. SRIHARI RAO, S/O. VENKATASUBBAIAH, AGED ABOUT 76 YEARS, R/O NO.63, ROAD NO.4, KANAKADURGA OFFICER'S COLONY, VIJAYAWADA 520 008, ANDHRA PRADESH.

#15. S. RAMAKRISHNA PRASAD, S/O S. RAMABRAHAM, AGED ABOUT 57 YEARS, R/O TENNERU POST, KANKIPADU, KRISHNA DISTRICT 521 260, ANDHARA PRADESH.

#16. S. RAMACHANDRA NAIDU, S/O LATE C. GOPALA NAIDU, MAJOR, - 5 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 R/O NO.653/1, 5TH CROSS, BSK I STAGE BENGALURU 560 050

#17. C. DEVARAJULU NAIDU, S/O C. REDDY SWAMINAIDU, AGED ABOUT 51 YEARS, R/O NO.11-13, KAMMA STREET, PAKALA, CHITTOR DISTRICT, ANDHRA PRADESH 517 112

#18. MAHDEVI, W/O D. ROSAIAH, AGED ABOUT 49 YEARS, R/O NO.24, DEVAKI AMMAL STREET, SHENOY NAGAR, CHENNAI 600 030, TAMIL NADU.

#19. T.V. VANSI MOHAN, S/O T.V. CHOUDHARY, AGED ABOUT 41 YEARS, R/O N.B-27, MADHURANAGAR COLONY, HYDERABAD 500 001, TELANGANA STATE.

#20. G.P. REDDY, S/O LATE G. REDDAPPA, AGED ABOUT 42 YEARS, R/O PLOT NO.302, KESHAV NAGAR, SRINAGAR COLONY, HYDERABAD 500 001. TELANGANA STATE - 6 - NC: 2024:KHC:39122 RFA No. 1100 of 2017

#21. R.V. PRASAD, S/O R. SRINIVASALU NAIDU, AGED ABOUT 55 YEARS, R/O NO.63-19-2, PARK STREET, PAKALA, CHITTOR DISTRICT, ANDHRA PRADESH 517 112

#22. M. VIJAYA LAKSHMI, W/O M. RAJENDRA BABU, AGED ABOUT 49 YEARS

#23. M. SHARATH CHANDRA S/O M. RAJENDRA BABU AGED ABOUT 26 YEARS

#24. M. SRAVIKA D/O M. RAJENDRA BABU AGED ABOUT 25 YEARS, RESPONDENTS 22-24 ARE ALL R/O MOVVA VILLAGE, KRISHNA DISTRICT ANDHRA PRADESH 521 260.

#25. T.V. JYOTHSNA D/O T.V. VENKATESHWARULU, AGED ABOUT 38 YEARS, R/AT NO.2127, NW FAR COUNTRY LN, ISSAQUAH WA 98627-5609, USA REPTD. BY HER GPA HOLDER, MRS. T.V. JYOTHI, W/O T.V. VENKATESHWARULU - 7 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 AGED ABOUT 59 YEARS, R/AT NO.8-3-214-13-403 VENGAL RAO NAGAR COLONY, SRINIVAS NAGAR COLONY WEST, HYDERABAD 500 001, TELANGANA STATE.

#26. D. KRISHNA MURTHY, S/O D. RAMASWAMY, AGED ABOUT 78 YEARS, R/AT NO.63, 4TH MAIN, IDEAL LIC COLONY, JAYANAGAR III BLOCK, BENGALURU 560 011

#27. ANITHA PRASAD W/O DR. K. SREERANGA PRASAD, AGED ABOUT 53 YEARS, R/AT NO.424, 7TH CROSS, I BLOCK, JAYANAGAR BENGALURU 560 011 …RESPONDENTS (R1, R2, R3, R4, R5, R6, R7, R8, R9, R10, R11, R13, R15, R16, R18, R20, R22, R25, R27 - SERVED; NOTICE TO R12, R17, R19, R21, R23, R24 AND R26 D/W; NOTICE TO R14 IS D/W) THIS RFA IS FILED UNDER SEC.96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED

15.02.2017 PASSED IN OS.NO.6164/2010 ON THE FILE OF THE 42ND ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU., DECREEING THE SUIT FOR PARTITION AND DECLARATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 8 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT Heard the learned counsel Sri. V. Javahar Babu appearing for the appellants. All the respondents are served and unrepresented except respondents No.12, 14, 17, 19, 21, 23, 24 and 26 for whom the notice is dispensed with.

#2. Having heard the learned counsel for the appellant, the grievance of the appellant is only to the extent of the learned Trial Judge observing in the operative portion of the impugned judgment that sale deed and such other documents which are registered in the Office of the Sub-Registrar, South are null and void.

#3. It is the contention of appellant that the learned Trial Judge after having held that by the plaintiff and defendant No.3 are not bound by the sale insofar as their - 9 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 cases are concerned, but declaring that the entire sale deed is null and void has resulted in miscarriage of justice.

#4. Though this matter is posted for admission, taking note of the fact that all that the appellant is seeking is to clarify the nullity of the sale deed, insofar as the parties to the suit except defendants No.2 and 3, matter can be disposed of by making suitable observations.

#5. Having heard the counsel for the appellant, this Court perused the material on record meticulously. On such perusal of the material on record, it is crystal clear that the present appellant who is defendant No.3 who is not a party to the suit has purchased item No.1 of the suit property by virtue of the sale deed dated 24.11.1999 from defendants No.1 and 2/respondents No.1 and 2 before this court.

#6. It is settled principles of law and requires emphasis that in such cases, the entire sale deed cannot - 10 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 be held as null and void. The Court while disposing of the suit should make observations that the sale deed would not bind such persons who are not parties to the sale deed and who have not executed the sale deed.

#7. Having noticed that there is an omnibus observation by the learned Judge in the operative portion holding that the sale deed as null and void has thus resulted in miscarriage of justice.

#8. Thus, unless the same is set right, the appellants herein cannot participate final decree proceedings seeking their shares in respect of item No.1 of the suit schedule property.

#9. Accordingly, the following : ORDER (i) Appeal stands allowed in part. (ii) While maintaining the judgment and decree of the Trial Court in entirety, it is hereby classified that the decreeing of the suit holding that the - 11 - NC: 2024:KHC:39122 RFA No. 1100 of 2017 entire sale deed and such other documents which are registered in the Office of the Sub- Registrar, South, pertaining to item No.1 of the suit property by defendants No.1 and 2 in favour of the appellants herein as null and void is hereby set-aside. (iii) It is made clear that the observations of the Trial Court that it shall not bind the rights of the plaintiffs by defendant No.3 is kept in tact. (iv) In view of setting aside of the Trial Court decree as above, the appellants are at liberty to participate in the Final Decree Proceedings and seek their shares in respect of item No.1 of the suit schedule property by virtue of the sale deed dated 24.11.1999. (v) No costs. Sd/- (V SRISHANANDA) JUDGE SNC, List No.: 1 Sl No.: 31 CT:SNN