Sri.Eshwaraiah v. Sri. Shivagangaiah,

NC:(2026:KHC:15769( MSA(No.(21(of(2017( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(17 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( MISCELLANEOUS(SECOND(APPEAL(NO.(21(OF(2017(( BETWEEN:(( ( , SRI.,ESHWARAIAH,, S/O,LATE,GANGAPPA,, SINCE,DECEASED,BY,LRS., ,

1., SMT.SIDDAMMA,, W/O,LATE,ESHWARAIAH,, AGED,ABOUT,72,YEARS., ,

2., SMT.,SARAVAMANGALAMMA,,

D/O,ESHWARAIAH,, W/O,SIDDARAMAIAH,, AGED,ABOUT,50,YEARS.,

,

3., SMT.,SAROJA,G,, D/O,ESHWARAIAH,, Digitally W/O,S.RAJASHEKARAIAH,, signedtiby0C AGED,ABOUT,49,YEARS., HONNUR0SAB , Location: ALL,ARE,RESIDENTS,OF,HIGH0COURT AMBALAGERE,VILLAGE,,OF KARNATAKA DODDABELAVANGALA,HOBLI,, DODDABALLAPURA,TALUK,, BANGALORE,DISTRICT-561,204., …APPELLANTS, (BY,SRI,SHANKARLINGAPPA,NAGARAJ,,ADVOCATE), , AND:( (

1., SRI.,SHIVAGANGAIAH,, S/O,SOMASHEKARAIAH,, NC:(2026:KHC:15769( MSA(No.(21(of(2017( ( , ,,HC-KAR( ( ( AGED,ABOUT,65,YEARS,, SINCE,DECEASED,REP.,BY,HIS,LRS,, , 1(a), SMT,K,UMA,,, W/O,LATE,SHIVAGANGAIAH,,, AGED,ABOUT,62,YEARS.,, , 1(b), SRI,HEMANTH,A,S,,, S/O,LATE,SHIVAGANGAIAH,,, AGED,ABOUT,36,YEARS., , THBOTH,ARE,R/AT,NO.5,,4 ,CROSS,,, GARDEN,VILLAS,,MARUTHINAGAR,,, NAGARABHAVI,ROAD,,, BANGALORE,-,560,072., (AMENDMENT,CARRIED,OUT,, AS,PER,COURT,ORDER,DATED,04.06.2025), ,

2., SRI,MAHALINGAMURTHY, S/O,SOMASHEKARAIAH,, AGED,ABOUT,60,YEARS,, R/AT,AMBALAGERE,VILLAGE,, DODABELAVANGALA,HOBLI,, DODDABALLAPUR,TALUK,, BANGALORE,DISTRICT-561,204., …RESPONDENTS, (R1(A),,R1(B),AND,R2,ARE,SERVED), , THIS,MSA,IS,FILED,UNDER,ORDER,43,RULE,1(U),OF,CPC,, 1908,,AGAINST,THE,ORDER,DATED,12.08.2015,PASSED,IN,RA, NO.20/2012,ON,THE,FILE,OF,THE,SENIOR,CIVIL,JUDGE,AND, JMFC,, DODDABALLAPUR,, ALLOWING, THE, APPEAL, AND, SETTING, ASIDE, THE, JUDGMENT, AND, DECREE, DATED,

13.07.2012,PASSED,IN,OS,NO.285/2006,ON,THE,FILE,OF,THE, PRL.,CIVIL,JUDGE,AND,JMFC,DODDABALLAPUR.,, , THIS, APPEAL,, COMING, ON, FOR, DICTATING, ORDERS, THIS,DAY,,JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, ,

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT This appeal is filed against the judgment and decree dated 12.08.2015 in RA No.20/2012 on the file of the Senior Civil Judge at Doddaballapur. In terms of the said judgment and decree, the appeal is allowed in part and the matter is remitted back to the Trial Court for fresh consideration.

¶2The First Appellate Court has set aside the judgment and decree on the premise that the Civil Court has no jurisdiction to decide the case in view of pendency of Form No.7 application before the Land Tribunal under the Karnataka Land Reforms Act, 1961.

¶3Learned counsel for the Plaintiff/Appellant would submit that there was no issue relating to tenancy before the Trial Court.

¶4The defendant before the Trial Court claimed that her husband was a tenant in respect of the suit schedule property and the claim made by the husband of the defendant for grant of occupancy right was initially granted

by the Land Tribunal and later on a remand by the Court, the matter was considered by the Land Tribunal afresh and same was rejected. Thus it is contended that the order rejecting the claim for grant of occupancy rights has attained finality and the matter could not have been remitted to the trial court.

¶5It is his further submission that there was no issue relating to tenancy to be decided by the Civil Court, as such, the order is erroneous.

¶6The court has considered the contentions raised by the parties and perused the records.

¶7As could be seen from the order dated 04.08.2022 (produced along with the memo dated 16.03.2026) passed by the Land Tribunal, the Form No.7 application filed by the defendants/respondents is rejected by the Land Tribunal. No document is placed on record to show that the said order is called in question or the dispute is still pending consideration.

¶8Under these circumstances, the findings of the Appellate Court that the judgment and decree passed by the Trial Court is without jurisdiction is unsustainable.

¶9Hence the following: ORDER

(i) The appeal is allowed.

(ii) The judgment and decree dated 12.08.2015 passed by the Senior Civil Judge, Doddaballapur in R.A.No.20/2012 are set-aside.

(iii) The judgment and decree passed on 13.07.2012 passed by the Principal Civil Judge, Doddaballapura in O.S.No.285/2006 are restored. Sd/- (ANANT RAMANATH HEGDE) JUDGE

BRN,KMV List No.: 1 Sl No.: 23