IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.14460-14461 OF 2024 (@ SPECIAL LEAVE PETITION (CIVIL) NOS.26938-26939/2019)
BYANAPPA THROUGH LRS. & ANR. APPELLANTS
VERSUS
B MUNIKRISHNAPPA RESPONDENTS
O R D E R
1. Leave granted.
2. Heard Mr. Venugopal Gouda, learned senior counsel for
the appellants and Mrs. S. Susheela, learned senior
counsel for the respondents.
3. We are of the considered view that the impugned
judgment and decree dated 27.03.2019, passed by the High
Court of Karnataka at Bengaluru in RSA No.570/2009 and RSA
No.569/2009 both titled “Sri B. Munikrishnappa vs. Sri
Byanappa and Ors.”, needs to be interfered with.
4. This is for the reason that while dictating the
judgment in open Court, the learned Single Judge reframed
the substantial questions of law but without affording any
opportunity of hearing to the parties for addressing
thereupon straightaway proceeded to decide the same.
5. The substantial question of law as originally framed
on 4.11.2010 (Annexures P-22) are extracted hereinbelow :
“(1) Whether the lower appellate Court was
1
justified in over looking the decisions of the Apex Court in CHIKKAM KOTESWARA RAO VS. CHIKKAM SUBBARAO AND OTHERS (AIR 1971 SC 1542) and this Court in the case of PARMESHWARI BAI VS. MUTHOJIRAO SCINDIA (AIR 1981 KAR 40) which was rendered following the...