CHENNAMMA W/O LATE HANUMANTHAIAH vs SMT RAVAMMA
- Court
- Karnataka High Court
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RFA No. 1489 of 2005
CNR: KAHC010457572005
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
REGULAR FIRST APPEAL NO.1489 OF 2005 (PAR)
BETWEEN:
1. SMT.CHANNAMMA
SINCE DEAD BY HER LR'S
THE APPELLANT NOS.2 TO 4 ARE THE L.RS.OF
APPELLANT NO.1
2.
HANUMANTHAIAH @ KARIYAPPA SINCE
DEAD BY HER LR'S
SMT.CHANNAMMA
W/O LATE HANUMANTHAIAH
AGED ABOUT 70 YEARS
2(a)
SRI.RAJANNA
S/O LATE HANUMANTHAIAH
AGED ABOUT 45 YEARS
(b)
SRI NAGESH
S/O LATE HANUMANTHAIAH
AGED ABOUT 38 YEARS
Digitally
signed by
VINUTHA M
Location:
HIGH
COURT OF
KARNATAKA
(c)
SRI.HOMBAIAH
S/O LATE HANUMANTHAIAH
AGED ABOUT 28 YEARS
APPELLANT NO.2(a) to (d) ALL
ARE R/AT VAJARAHALLI COLONY
VAJARAHALLI , BIDADI HOBLI
RAMANAGARA TALUK & DIST - 560 074
(d)
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3.
SRI.CHANNAPPA
SINCE DEAD BY HIS LR'S
SMT.LAKSHMAMMA
W/O.LATE CHANNAPPA
AGED ABOUT 70 YEARS
3(a)
SMT.PANKAJA
W/O.LATE RAJESH
AGED ABOUT 45 YEARS
SMT.BHAGYAMMA
W/O RAMESH
D/O LATE CHANNAPPA
AGED ABOUT 48 YEARS
SRI.RAMESH
S/O.LATE CHANNAPPA
AGED ABOUT 46 YEARS
APPELLANTS 3 (a) to (d)
ARE R/AT 1ST MYLUKALLU
GERU PALYA KUMBALAGODU POST
KENGERI HOBLI
BENGALURU SOUTH TALUK - 560 074
3(b)
3(c)
3(d)
4.
GOPALAIAH
S/O LATE HANUMANTHAIAH
SINCE DEAD BY HIS LR'S
SRI G.HANUMANTHAIAH
S/O. LATE GOPALIAH
AGED ABOUT 25 YEARS
R/AT C/O CHANNAPPA
SY.NO.89, 1ST MYLUKALLU
GERU PALYA KUMBALAGODU POST
KENGERI HOBLI
BENGALURU SOUTH TALUK - 560 074
4(a)
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…APPELLANTS
(BY SRI. DR ANANDEESHWAR .,ADVOCATE FOR APPELLANTS 2
(a to d) , 3 and 4 (a) V.O.D 08.12.2022, APPELLANT NO.1 IS
DEAD AND OTHER APPELLANTS ARE THE LR'S OF DECEASED
APPELLANT NO.1)
AND:
1. SMT.REVAMMA
W/O LATE NARASIMHAIAH
SINCE DEAD BY HER LR'S
RESPONDENT NO.2 IS THE LR OF RESPONDENT
NO.1
2.
CHANNAMMA
SINCE DEAD BY HER LR'S
SMT.LAKSHMAMMA
D/O LATE CHANNAMMA
AGED ABOUT 45 YEARS
2 (a)
SMT.CHANNA LAKSHMAMMA
D/O.LATE CHANNAMMA
AGED ABOUT 43 YEARS
SMT.BHAGYAMMA
D/O.LATE CHANNAMMA
AGED ABOUT 40 YEARS
SRI.NARAYANA SWAMY
S/O.LATE CHANNAMMA
AGED ABOUT 37 YEARS
SMT.THOLASAMMA
D/O.LATE CHANNAMMA
AGED ABOUT 35 YEARS
RESPONDENTS 2 (a) to (e)
ALL ARE R/AT NO.58, HANUMANTHA NAGAR
MANCHANAYAKANAHALLI POST
2 (b)
2 (c)
2 (d)
2 (e)
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BIDADI HOBLI
RAMANAGARA - 562 109
3. HOMBANNA
S/O LATE NARASIMHAIAH
AGED ABOUT 56 YEARS
R/AT VAJARAHALLI VILLAGE,BIDADI HOBLI
RAMANAGARA TALUK & DIST - 562 109
4.
MADDURAMMA
W/O LATE GOPAIAH
SINCE DEAD BY HIS LR'S
THE RESPONDENT NO.5 IS THE
LR OF RESPONDENT NO.4
5.
CHANDRAPPA
SINCE DEAD BY HIS LR'S
SMT.RATHNAMMA
D/O.LATE CHANDRAPPA
AGED ABOUT 40 YEARS
SMT.LAKSHMAMMA
D/O LATE CHANDRAPPA
AGED ABOUT 40 YEARS
SMT.MANJULAMMA
D/O LATE CHANDRAPPA
AGED ABOUT 37 YEARS
RESPONDENT NOS. 5 (a) to (b)
ALL ARE R/AT VAJARAHALLI VILLAGE
BIDADI HOBLI,
RAMANAGARA TALUK AND DIST - 562 109
6.
5 (a)
5 (b)
5 (c)
CHANNABASAPPA
SINCE DEAD BY HIS LR'S
SMT.VARANANDAMMA
W/O.LATE CHANNABASAPPA
6 (a)
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AGED ABOUT 53 YEARS
SMT.JAYALAKHAMMAMMA
D/O.JAYAMMA & LATE CHANNAPPA
AGED ABOUT 35 YEARS
SRI.GOPE GOWDA
S/O.LATE CHANNAPPA
AGED ABOUT 33 YEARS
6 (b)
6 (c)
SRI.MANJUNATHA
S/O.LATE CHANNAPPA
AGED ABOUT 30 YEARS
6 (d)
RESPONDENT NOS. 6 (a) to (d)
ALL ARE R/AT NEAR ANGADI RAMESH HOUSE
SOMANAHALLI VIILAGE & POST
1ST BLOCK, UTTARAHALLI HOBLI
KANAKAPURA MAIN ROAD
BENGALURU SOUTH TALUK
BENGALURU - 560 082
7. SRI.GOPALAIAH
S/O LATE GOPAIAH
AGED ABOUT 45 YEARS
R/AT VAJARAHALLI VILLAGE
BIDADI HOBLI
RAMANAGARA TALUK & DIST - 562 019
8. SRI.NAGARAJA
S/O HANUMANTHAIAH
AGED ABOUT 52 YEARS
9. SRI.KARIHANUMAIAH
S/O LATE HANUMANTHAIAH
AGED ABOUT 53 YEARS
RESPONDENT NOS. 8 AND 9 ARE
R/AT VAJARAHALLI VILLAGE
BIDADI HOBLI
RAMANAGARA TALUK & DIST -562 019
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10. TIMMEGOWDA
S/O LATE MUNIYAPPA
AGED ABOUT 59 YEARS
R/AT SUNKADAKATTE, YESHWANTHAPURA HOBLI
MAGADI ROAD
BENGALURU SOUTH TALUK
BENGALURU - 560 082
…RESPONDENTS
(BY SRI. SUBBASHASTRY.,ADVOCATE FOR R3 & R8;
SRI. M.G.SATHEESHA., ADVOCATE FOR R-10;
V.O.D 08.12.2022 R-1 IS DEAD AND R-2 IS LR OF
DECEASED R-1 AND R-4 IS DEAD AND R-5 AND R-6 ARE LR'S
OF DECEASED R-4;
NOTICE SERVED TO R-2 (c) to (e) is HELD SUFFICIENT
V.O.D 22/11/2023;
NOTICE SERVED TO R-5 (a) to (c) IS HELD SUFFICIENT
V.O.D 15.02.2024;
SERVICE OF NOTICE TO R-2 (b) IS HELD SUFFICIENT V.O.D
07.03.2025;
NOTICES TO R-2 (a), R-6 (a) to (d) , R-7 , R-9 ARE
SERVED AND UNREPRESENTED;
THIS RFA IS FILED U/S.96 OF CPC AGAINST THE
JDUGMENT AND DECREE DT.28.3.2005 PASSED IN
O.S.NO.NO.78/96 ON THE FILE OF THE ADDL. CIVIL JUDGE
(SR.DN), RAMANAGARAM, DISMISSING THE SUIT FOR
PARTITION AND SEPARATE POSSESSION, DECLARATION AND
MESNE PROFITS.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
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ORAL JUDGMENT
This appeal filed before this Court is not maintainable
in view of Section 19(1) of the Karnataka Civil Courts Act,
1964 and the judgment rendered by the Division Bench of
this Court in Smt. Narayanamma -vs- The State of
Karnataka in Writ Petition No.17588 of 2024 (GM-RES)
th
c/w Writ Appeal No.200260 of 2025 (GM-RES) dated 8
July, 2026, which is affirmed by the Hon'ble Supreme
Court in SLP(c) No.025075/2026 dated 3.8.2026.
2. In view of the above, this Court deems it
appropriate to transfer this matter to the concerned
District Court for adjudication of the matter.
3. Accordingly, I pass the following:
O R D E R
i) The appeal stands disposed of for statistical
purposes.
ii) Registry is directed to transfer the entire
record of the case, to the concerned Principal
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District & Sessions Judge, who may assign it to
the concerned Appellate Court having
jurisdiction.
iii) In case there are pending applications, the
same also be transferred to be considered by
the learned Judge of the concerned Appellate
Court, in accordance with law.
iv) It is made clear that this Court has not made
any observation as to the merits of the case
and all rights and contentions of the parties
are left open to be agitated before the
concerned Appellate Court.
v) The parties shall appear before the learned
District Judge on 1st December 2026 without
awaiting further notice.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
GSS
List No.: 1 Sl No.: 55