SRI v. RAJANNA

SRI. V. RAJANNA, S/O LATE C. VENKATASWAMAPPA, AGED ABOUT 78 YEARS, R/O "GANESHA KRUPA", MARUTHINAGAR, 1-B CROSS, WATER TANK ROAD, TUMKUR, REPRESENTED BY GPA HOLDER, SRI. G. NAGARAJ, S/O LATE GOVINDASWAMY, AGED ABOUT 59 YEARS, R/A NO.24, II "B" CROSS, VIDYAPEETA LAYOUT, THYAGARAJANAGAR, BANGALORE - 560 028. Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA (BY SRI. MANOJ GOWDA M.L, ADVOCATE FOR SRI. H.N. BASAVARAJU, ADVOCATE) …APPELLANT AND:

1. SMT. V. LAKSHMI, W/O I.M. AGADOORAPPA, - 2 - NC: 2024:KHC:41067 RFA No. 2020 of 2019 C/W RFA No. 1121 of 2019 AGED ABOUT 70 YEARS, R/AT NO.329, 10TH MAIN, II STAGE, INDIRANAGAR, BENGALURU - 560 038.

2. SRI. I.M. AGADOORAPPA, S/O LATE MORASURA MUNIYAPPA, AGED ABOUT 73 YEARS, R/AT NO.329, 10TH MAIN, II STAGE, INDIRANAGAR, BENGALURU - 560 038. …RESPONDENTS (R1 AND R2 ARE SERVED BUT UNREPRESENTED) THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41 RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED

22.06.2019 PASSED IN O.S.NO.8111/2007 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DISMISSING SUIT FOR DECLARATION . IN RFA NO. 1121/2019 BETWEEN:

1. SRI. G. NAGARAJ, S/O LATE GOVINDASWAMY, AGED ABOUT 58 YEARS, R/A NO.24, II B CROSS, VIDYAPEETA LAYOUT, THYAGARAJANAGAR, BANGALORE - 560 028.

2. SRI. V. RAJANNA, S/O LATE C. VENKATASWAMAPPA, AGED ABOUT 77 YEARS, NO.26(2), SUBBANNA GARDEN, 6TH MAIN, CHAMARAJAPET, BENGALURU, PRESENTLY R/O 'NARASIMHA KRUPA', - 3 - NC: 2024:KHC:41067 RFA No. 2020 of 2019 C/W RFA No. 1121 of 2019 VENKATESHWARA TEMPLE ROAD, JAYANAGARA, TUMKUR - 572 104, REPRESENTED BY GPA HOLDER SRI. G. NAGARAJ, APPELLANT NO.1. ...APPELLANTS (BY SRI. MANOJ GOWDA M.L, ADVOCATE FOR SRI. H.N. BASAVARAJU, ADVOCATE) AND:

1. SRI. I.M. AGADOORAPPA, S/O LATE MORASURA MUNIYAPPA, AGED ABOUT 73 YEARS, R/AT NO.1329, 10TH MAIN, II STAGE, INDIRANAGAR, BENGALURU - 560 038.

2. DR. B.P. MRUTHUNJAYANNA,34 S/O LATE B. PATHRAPPA, AGED ABOUT 87 YEARS, R/AT NO.420, 41ST CROSS, 9TH MAIN, 5TH BLOCK, JAYANAGAR, BENGALURU - 560 041. (BY SRI. D.P. MAHESH, ADVOCATE FOR R1; R2 IS SERVED BUT UNREPRESENTED) ...RESPONDENTS THIS RFA IS FILED UNDER SEC. 96 ORDER 41 RULE 1 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED

05.02.2019 PASSED IN OS. NO. 25340/2007 ON THE FILE OF THE VII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, DECREEING THE SUIT FOR INJUNCTION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2024:KHC:41067 RFA No. 2020 of 2019 C/W RFA No. 1121 of 2019 CORAM: HON'BLE MR JUSTICE V SRISHANANDA ORAL JUDGMENT (RFA NO.2020/2019) : Memo filed along with copy of the order of the Hon'ble Apex Court in Civil Appeal No.2737/2023. Memo reads as under : "The appellant most respectfully submit as follows;

1. It is submitted that this First appeal is arising out of judgment passed by the learned VII Additional City Civil and Sessions Judge (CCH 19) Bangalore dated 22nd June 2019, in O.S. No: 8111/2007, wherein appellant herein is plaintiff in the said suit.

2. The defendants herein claiming right and title to property followed from Registered gift deed dated 01/02/2006 and rectification deed dated 14/07/2006 and by virtue of said rectification deed, description of property was rectified make it convenient to claim title in respect of the property where the appellant/plaintiff claiming title to the said property. The appellant have also filed an independent suit in O.S. No:4252/2016 wherein the respondents herein are also defendants in the said suit. - 5 - NC: 2024:KHC:41067 RFA No. 2020 of 2019 C/W RFA No. 1121 of 2019

3. It is submitted that the suit O.S. No: 4252/2016, was a suit for declaration and injunction against the respondents herein, at the instance of application filed by respondents herein U/o.7 R.11 of CPC the plaint came to be rejected vide order dated 24- 04-2019. Against said judgment and decree in rejecting the plaint, R.F.A. No: 239/2019 was filed before this Hon'ble court, but this Hon'ble court dismissed the said Regular First Appeal by judgment decree dated 24/04/2019.

4. It is submitted that the said Judgment and decrees rendered in O.S. No: 4252/2016 as well in R.F.A. No: 239/2019 were subject matter before the Hon'ble Supreme court of India in Petition came to SLP. (C)No. (S)19944/2019 be Hon ble Apex court dated 11th April, 2023, copy of the order is enclosed herewith.

5. It is further submitted that the Suit O.S. No:8111/2007 was disposed by trial court referring to the order passed in O.S. No: 4252/2016 as well confirmation of the same by this Hon'ble court in R.F.A. No: 239/2019.

6. It is pertinent to submitted that Since O.S. No: 4252/2016 is restored to its original file in view of the order of the Hon'ble Apex court dated 11/04/2023, impugned judgment in this appeal would also be followed with consequences i.e., same has to be set aside and suit is need to be restored on its original file enable to decide the same on merit along with O.S. No:4252/2016. - 6 - NC: 2024:KHC:41067 RFA No. 2020 of 2019 C/W RFA No. 1121 of 2019 Wherefore, the appellant most respectfully pray that this Hon'ble court be pleased to upon taken note of the events stated herein above and pass appropriate orders by setting aside judgment and decree impugned in this appeal in the ends of justice and equity." IN (RFA NO.1121/2019) Learned counsel for the appellant has filed a memo which reads as under : The subject matter in the above appeals having direct bearing on the issue in O.S. No: 4252/2016. Since the parties have settled their dispute in the above suit i.e., O.S. No: 4252/2016 by compromise before the Lok- adalath, accordingly suit came to be disposed off. In view of the same these appeals would not survive for consideration, as such these appeals may kindly be disposed of as it become infructuous in the ends of justice equity. Along with the said memo, a compromise award passed in Lok-Adalath in O.S. No.4254/2016 is filed. Perused the same. - 7 - NC: 2024:KHC:41067 RFA No. 2020 of 2019 C/W RFA No. 1121 of 2019 In view of the same, both the appeals stand disposed of as the matter is already settled among the parties before the Lok-adalath and appeals have rendered infructuous. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 21 CT: BHK