The High Court
Case Details
- 1 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 7382 OF 2024 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO. 5746 OF 2024 (CPC) IN MFA No. 7382/2024 BETWEEN: 1. SRI. CHANDRAMALLEGOWDA @ RAJANNA, SON OF CHANNAMALLEGOWDA, AGED ABOUT 71 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 2. SRI. CHANDRASHEKAR C., SON OF CHANDRAMALLEGOWDA @ RAJANNA, AGED ABOUT 41 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142.
Legal Reasoning
3. SRI. LINGESH C., SON OF CHANDRAMALLEGOWDA @ RAJANNA, AGED ABOUT 39 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. (BY SRI. PUNITH C., ADVOCATE) …APPELLANTS Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 AND: 1. SRI RAVEESHA C., SON OF LATE CHANNAMALLAIAH @ CHANNAMALLEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 2. SRI. MAHESHA C.L, SON OF LATE LINGAPPA @ LINGALAH, AGED ABOUT 51 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 3. SRI. SHASHIKUMARA C.L, SON OF LATE LINGAPPA @ LINGAIAH, AGED ABOUT 49 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 4. SRI. CHANDREGOWDA C.P, SON OF LATE PUTTAMALLAIAH, AGED ABOUT 58 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 5. SMT. JAYAMMA, WIFE OF LATE SHIVARAMAIAH, AGED ABOUT 71 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 6. SRI. C.S.UMESHA, SON OF LATE SHIVARAMAIAH, AGED ABOUT 56 YEARS, - 3 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 7. SRI. C.S. NAGARAJU, SON OF LATE SHIVARAMAIAH, AGED ABOUT 49 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 8. SMT. THIMMAMMA, WIFE OF LATE VAJARAIAH, AGED ABOUT 66 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 9. SRI. C.V.SOMASHEKAR SON OF LATE VAJARAIAH, AGED ABOUT 43 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 10. SMT. GOWRAMMA, WIFE OF LATE NARAYANGOWDA, AGED ABOUT 61 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 11. SRI. RAVIKUMAR, SON OF LATE NARAYANAGOWDA, AGED ABOUT 39 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 12. SRI.C.S. VIJAYALAKSHMI, DAUGHTER OF LATE SOORAGADA MALLEGOWDA, AGED ABOUT 57 YEARS, - 4 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 13. SRI. C.K.SIDDALINGEGOWDA SON OF LATE KARIGOWDA, AGED ABOUT 69 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 14. SMT. LAKSHMAMMA, DAUGHTER OF LATE KARIGOWDA, AGED ABOUT 65 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 15. SMT. GEETHA, WIFE OF LATE C.K.NINGEGOWDA, AGED ABOUT 59 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 16. SRI. MAHESHA, SON OF LATE C.K.NINGEGOWDA, AGED ABOUT 31 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 17. SRI. UMESHA, SON OF LATE C.K.NINGEGOWDA, AGED ABOUT 29 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 18. SMT. NINGAMMA, DAUGHTER OF LATE KARIGOWDA, AGED ABOUT 57 YEARS, - 5 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 19. SRI. C.K.CHANNAMALLEGOWDA, SON OF LATE KARIGOWDA, AGED ABOUT 53 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 20. SRI. MALLIKARJUNSWAMY, SON OF LATE KARIGOWDA, AGED ABOUT 49 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. (BY SRI. SHIVARAMU H. C., ADV. FOR R1, R2 TO 20 NOTICE DISPENSED WITH.) …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.27.05.2024 PASSED ON IA NO.2 IN O.S.NO.129/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, REJECTING IA NO.2 FILED U/O.39 RULE 1 AND 2 OF CPC. IN MFA NO. 5746/2024 BETWEEN: 1. SRI. CHANDRAMALLEGOWDA @ RAJANNA S/O CHANNAMALLEGOWDA, AGED ABOUT 71 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. - 6 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 2. SRI CHANDRASHEKAR C., S/O CHANNAMALLEGOWDA @ RAJANNA AGED ABOUT 41 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 3. SRI LINGESH C., S/O CHANDRAMALLEGOWDA @ RAJANNA AGED ABOUT 39 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. ...APPELLANTS (BY SRI. PUNITH C., ADVOCATE) AND: 1. SRI. RAVEESHA C., S/O CHANNAMALLAIAH @ CHANNAMALLEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 2. SRI MAHESHA C L S/O LATE LINGAPPA @ LINGAIAH AGED ABOUT 51 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 3. SRI SHASHIKUMARA C L S/O LATE LINGAPPA @ LINGAIAH AGED ABOUT 49 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 4. SRI CHANDREGOWDA C P S/O LATE PUTTAMALLAIAH AGED ABOUT 58 YEARS - 7 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 5. SMT JAYAMMA W/O LATE SHIVARAMAIAH AGED ABOUT 71 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 6. SRI C S UMESHA S/O LATE SHIVARAMAIAH AGED ABOUT 56 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 7. SRI C S NAGARAJU S/O LATE SHIVARAMAIAH AGED ABOUT 49 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 8. SMT THIMMAMMA W/O LATE VAJARAIAH AGED ABOUT 66 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 9. SRI C V SOMASHEKAR S/O LATE VAJARAIAH AGED ABOUT 43 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 10. SMT GOWRAMMA W/O LATE NARAYANGOWDA AGED ABOUT 61 YEARS - 8 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 11. SRI RAVIKUMAR S/O LATE NARAYANAGOWDA AGED ABOUT 39 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 12. SRI C S VIJAYALAKSHMI D/O LATE SOORAGADA MALLEGOWDA AGED ABOUT 57 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 13. SRI C K SIDDALINGEGOWDA S/O LATE KARIGOWDA AGED ABOUT 69 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 14. SMT LAKSHMAMMA D/O LATE KARIGOWDA AGED ABOUT 65 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 15. SMT GEETHA W/O LATE C K NINGEGOWDA AGED ABOUT 59 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 16. SRI MAHESHA S/O LATE C K NINGEGOWDA AGED ABOUT 31 YEARS - 9 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 17. SRI UMESHA S/O LATE C K NINGEGOWDA AGED ABOUT 29 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 18. SMT NINGAMMA D/O LATE KARIGOWDA AGED ABOUT 57 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 19. SRI C K CHANNAMALLEGOWDA S/O LATE KARIGOWDA AGED ABOUT 53 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. 20. SRI MALLIKARJUNSWAMY S/O LATE KARIGOWDA AGED ABOUT 49 YEARS RESIDING AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, PIN CODE: 572142. (BY SRI. SHIVARAMU H. C., ADV. FOR R1, R2 TO R20 - NOTICE DISPENSED WITH.) ...RESPONDENTS THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151 OF CPC, AGAINST THE ORDER DATED 28.06.2024 PASSED ON I.A.NO.3 IN OS.NO.129/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, KUNIGAL, REJECTING THE IA.NO. 3 FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC. - 10 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The plaintiffs being aggrieved by the rejection of IA Nos. II and III filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure in O.S.No.129/2023 on the file of Senior Civil Judge, Kunigal, praying not to alienate the suit schedule property and not to interfere with the possession over the suit schedule property, have filed this present appeal. 2. The plaintiffs are making assertions on the basis of registered release deed executed on 02.11.1950. Admittedly, there is no pleading in the plaint with regard to that the plaintiffs have acquired the right, title, interest and possession over the suit schedule property and also while considering the application in IA Nos. II and III for order of injunction filed before the Trial Court and the said document was not produced. Therefore, in this regard, - 11 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 the plaintiffs have not made out prima-facie case. Admittedly, as per RTC records, it is shown that the defendants are in possession of the suit schedule property but not the plaintiffs. Further, the Trial Court has observed in paragraph No.11 of the impugned order that how the plaintiffs have not made out prima-facie case to get an order of injunction. Therefore, the Trial Court is correct in dismissing the applications in IA Nos.II and III filed by the plaintiffs. 3. However, it is submitted by the learned counsel for the appellants-plaintiffs that though the plaintiffs have committed error in not pleading regarding relinquishment deed and also in not producing the registered release deed at the time of consideration of aforesaid applications, liberty may be reserved to make amendment in the plaint and also to file application for praying the order of injunction. 4. Considering the submission made by the learned counsel for the appellants-plaintiffs, liberty is - 12 - NC: 2025:KHC:10015 MFA No. 7382 of 2024 C/W MFA No. 5746 of 2024 reserved to the plaintiffs to prefer one more application as deems fit by the appellants-plaintiffs and the Trial Court is directed to consider the same in accordance with law. 5. With the above observation, the appeals are
Decision
disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 26