The High Court
Case Details
- 1 - NC: 2025:KHC:13097 CRP No. 73 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 73 OF 2015 BETWEEN: 1. S RAJANNA S/O LATE CHIKKASIDDAIAH, AGED ABOUT 56 YEARS, R/AT HOUSE NO.173, 8TH CROSS, 2ND MAIN, HEBBAL 2ND STAGE, MYSORE-570 023 1(a) G.K. SUVARNARAJ S/O LATE S. RAJANNA AGED ABOUT 53 YEARS 1(b) PRADEEP BABU R S/O LATE S.RAJANNA AGED ABOUT 30 YEARS 1(c) SUMARANI R D/O LATE S. RAJANNA AGED ABOUT 26 YEARS Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA ALL ARE R/AT HOUSE NO.173, 8TH CROSS, 2ND MAIN, HEBBAL 2ND STAGE, MYSORE-570 023
Legal Reasoning
(BY SRI. ABUBACKER SHAFI., ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:13097 CRP No. 73 of 2015 AND: 1. CHIKKANNA DEAD BY LRS 1(a) JAYAMMA, W/O LATE CHIKKANNA, AGED ABOUT 79 YEARS 1(b) MAHADEVA S/O LATE CHIKKANNA, AGED ABOUT 47 YEARS 1(c) KRISHNA S/O LATE CHIKKANNA, AGED ABOUT 43 YEARS, 1(d) KUMARA S/O LATE CHIKKANNA, AGED ABOUT 41 YEARS, 1(e) SWAMY S/O LATE CHIKKANNA, AGED ABOUT 37 YEARS, 1(f) RATHNAMMA D/O LATE CHIKKANNA, AGED ABOUT 39 YEARS, 1(g) PUTTAMMA D/O LATE CHIKKANNA, AGED ABOUT 42 YEARS, 1(h) NAGAMMA D/O LATE CHIKKANNA, AGED ABOUT 54 YEARS, - 3 - NC: 2025:KHC:13097 CRP No. 73 of 2015 1(i) KEMPI D/O LATE CHIKKANNA, AGED ABOUT 36 YEARS, 1(j) JAYANTHI D/O LATE CHIKKANNA, AGED ABOUT 47 YEARS, 2. NINGAPPA S/O LATE KULLEGOWDA, AGED ABOUT 86 YEARS, R/AT DOOR NO.2502/3, 3RD MAIN, 5TH CROSS, PADUVARAHALLI, MYSORE-570001. 3. BYRAPPA DEAD BY LRS 3(a) CHIKKATHAYAMMA W/O LATE BYRAPPA AGED ABOUT 64 YEARS 3(b) SHIVANNA S/O LATE BYRAPPA AGEDA BOUT 43 YEARS 3(c) MURTHY S/O LATE BYRAPPA AGEDA BOUT 39 YEARS 3(d) JAYALAKSHMI D/O LATE BYRAPPA AGEDA BOUT 46 YEARS 3(e) SUSHEELA D/O LATE BYRAPPA AGED ABOUT 46 YEARS - 4 - NC: 2025:KHC:13097 CRP No. 73 of 2015 4 NARAYANA DEAD BY LRS 4(a) DEVAMMA W/O LATE NARAYANA AGED ABOUT 66 YEARS 4(b) N BYRAPPA S/O LATE NARAYANA AGED ABOUT 50 YEARS 4(c) N MANJUNATH S/O LATE NARAYANA AGED ABOUT 46 YEARS 4(d) RATHNA D/O LATE NARAYANA AGED ABOUT 52 YEARS RESPONDENTS NOS. 1(a) TO 1(j), 3(a) TO 3(e) RESPONDENTS NOS. 4(a) TO 4(e) ARE R/O D.NO.2267, 4TH MAIN, 6TH CROSS PADUVARAHALLI, DEVARAJAMOHALLA MYSORE-570001. 5. CHIKKASIDDAIAH DEAD BY LRS 5(a) MARIYAMMA W/O LATE CHIKKASIDDAIAH, AGED ABOUT 84 YEARS 5(b) SIDDAMMA D/O LATE CHIKKASIDDAIAH, AGED ABOUT 64 YEARS 5(c) BHAGYA D/O LATE CHIKKASIDDAIAH, - 5 - NC: 2025:KHC:13097 CRP No. 73 of 2015 AGED ABOUT 54 YEARS RESPONDENTS NOS. 5(a) TO 5(e) ARE R/O D.NO.2502/3, 3RD MAIN 5TH CROSS, PADUVARAHALLI, DEVARAJA MOHALLA, MYSORE-570001. 6. C BASAVARAJU DEAD BY LRS 6(a) M SHEELAVATHI, W/O LATE C BASAVARAJU, AGED ABOUT 49 YEARS 6(b) C B ARUNA JYOTHI S/O LATE C BASAVARAJU, AGED ABOUT 25 YEARS 6(c) C B VIJAYALAKSHMI D/O LATE C BASAVARAJU, AGED ABOUT 23 YEARS RESPONDENTS NOS. 6(a) TO 6(c) ARE R/O DOOR NO.244, KUMBARAKOPPALU SOUTH, GOKULAM III STAGE, MYSORE-570001. 7. 8. SIDDARAJU S/O NINGAPPA, AGED ABOUT 59 YEARS BYATAIAH S/O NINGAPPA, AGED ABOUT 59 YEARS - 6 - NC: 2025:KHC:13097 CRP No. 73 of 2015 RESPONDENTS NOS.7 & 8 ARE R/O DOOR NO.2405, 4TH MAIN, 5TH CROSS, PADUVARAHALLI, DEVARAJA MOHALLA, MYSORE-570001. 9. KRISHNAPPA S/O LATE RACHAIAH, AGED ABOUT 79 YEARS, 10. DASANAYAKA S/O KRISHNAPPA AGED ABOUT 41 YEARS, 11. NINGANAYAKA S/O KRISHNAPPA AGED ABOUT 37 YEARS, 12. NAGANAYAKA S/O KRISHNAPPA, AGED ABOUT 32 YEARS, 13. RAVI NAYAKA S/O KRISHNAPPA, AGED ABOUT 29 YEARS, RESPONDENTS NOS. 9 TO 13 ARE R/O DOOR NO.2502/3, 3RD MAIN, 5TH CROSS, PADUVARAHALLI, DEVARAJA MOHALLA, MYSORE-570001. …RESPONDENTS (BY SRI. PRANAV KUMAR M., & SRI. SHIVANNA E., ADVOCATES FOR RESPONDENTS 1(C) TO 1(E), 1(J), 3(A) TO 3(E), 4(A) TO 4(D) V/O/D.07.08.2023, NOTICE TO RESPONENTS 1(B), 1(G),5(A), 5(B) AND 2, IS H/S RESPONDENTS 5(C), 6(A) TO 6(C), 7, 8, 10 TO 13 SERVED – UNREPRESENTED) - 7 - NC: 2025:KHC:13097 CRP No. 73 of 2015 THIS CRP IS FILED UNDER SEC.115 OF CPC., AGAINST THE JUDGMENT AND ORDER DATED 10.10.2014 PASSED IN MA NO.02/2011 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, MYSURU AND THE JUDGMENT AND ORDER DATED 18.10.2010 PASSED IN MISC. NO.4/2002 ON THE FILE OF THE II ADDL. I CIVIL JUDGE, JMFC, MYSURU, DISMISSED THE PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the impugned order dated 10.10.2014 passed by the learned II Additional Senior Civil Judge, Mysuru, dismissing the Miscellaneous Appeal in M.A.No.02/2011 filed by the petitioner, who had challenged the order dated 18.10.2010 passed in Miscellaneous Petition No.04/2002. 2. The facts leading to the petitioner filing the Miscellaneous Petition is required to be stated. The petitioner’s father-Sri.Chikkasiddaiah, had executed a registered Mortgage Deed in favour of Sri.Kullegowda on 01.05.1953. Sri.Kullegowda filed a suit in S.C.No.1158/1955 seeking recovery of the money lent by him in favour of Sri.Chikkasiddaiah. The suit was decreed - 8 - NC: 2025:KHC:13097 CRP No. 73 of 2015 and in execution proceedings, the Court put up the property for auction and Sri.Kullegowda himself purchased the property in question and a Sale Certificate was issued in his favour on 27.03.1956. Long after these events, the petitioner herein filed a suit in O.S.No.1790/1989, seeking declaration that he is the absolute owner of the property and sought for redemption of the mortgage. Interestingly, Sri.Chikkasiddaiah was arrayed as defendant No.5 in the suit. However, the said suit was dismissed for non- prosecution on 27.08.1996. The petitioner herein filed a Miscellaneous Petition in Misc.No.43/1996, seeking to recall the order dated 27.08.1996. However, the said Miscellaneous Petition too was dismissed for non- prosecution on 21.12.2001. Thereafter, the petitioner filed one more Miscellaneous Petition in Misc.No.04/2002. The said Miscellaneous Petition was dismissed as not maintainable, by order dated 18.10.2010. The petitioner filed Miscellaneous Appeal in M.A.No.02/2011 calling in question the order dated 18.10.2010 and the impugned order has been passed by the learned II Additional Senior - 9 - NC: 2025:KHC:13097 CRP No. 73 of 2015 Civil Judge, Mysuru, confirming the orders passed by the learned II Civil Judge & JMFC., in Misc.No.4/2002, while dismissing the Miscellaneous Appeal. 3. To a pointed question put to the learned Counsel for the petitioner as to how a second Miscellaneous Petition was maintainable, the learned Counsel has no answer. It is very clear that the impugned order has been passed by the learned II Additional Senior Civil Judge while upholding the orders passed by the learned II Civil Judge & JMFC., in Misc.No.04/2002, dismissing the same as not maintainable. No infirmity can be found in the orders passed in the miscellaneous petition in Misc.No.4/2002 and miscellaneous appeal in M.A.No.02/2011. Consequently, the Civil Revision Petition stands dismissed.
Decision
4. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL