- 1 - HC-KAR NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1118 OF 2013 (PAR) C/W REGULAR SECOND APPEAL NO. 1119 OF 2013 IN RSA No. 1118/2013 BETWEEN: SMT SAVITHRAMMA W/O MAHADEVA AGED ABOUT 43 YEARS R/AT BEVOOR VILLAGE, MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 …APPELLANT (BY SRI. NATARAJ BABA K., ADVOCATE) AND: 1. SRI CHOWDAIAH S/O BALLAIAH SINCE DEAD LEGAL REPRESENTATIVES ARE APPELLANT & RESPONDENT Nos.2 TO 8 2. SRI SIDDALINGAIAH S/O LATE CHOWDAIAH AGED ABOUT 38 YEAS R/AT BEVOOR VILLAGE, MALUR HOBLI Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013 CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 3. SMT SUMA W/O LATE SIDDARAJU AGED ABOUT 34 YEARS R/AT BEVOOR VILLAGE MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 4. KUMAR THARUN S/O LATE SIDDARAJU AGED ABOUT 9 YEARS R/AT BEVOOR VILLAGE MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 5. SMT SHIVALINGAMMA W/O CHOWDAIAH AGED ABOUT 61 YEARS R/AT BEVOOR VILLAGE, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 571 501 6. SMT CHANDRAMMA W/O SHIVARAJU AGED ABOUT 36 YEARS R/AT DEVISIDDEGOWDANADODDI RAMANAGARAM TALUK AND DISTRICT - 571 511 7. SMT JAYAMMA W/O BOOMEGOWDA AGED ABOUT 46 YEARS R/T KADALUR VILLAGE MADDUR TALUK MANDYA DISTRICT - 562 108 8. SMT SHIVALINGAMMA W/O JAYARAMU - 3 - HC-KAR NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013 AGED ABOUT 41 YEARS R/AT CHIKKANAHALLI VILLAGE MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 …RESPONDENTS (BY SRI. K S VENKATA RAMANA, ADVOCATE FOR R2, R3, R5, R6 & R9 R4 IS MINOR, REP. BY R3 SRI. NIRMALA JAYARAM, ADVOCATE FOR R7 & R8) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.5.2013 PASSED IN R.A.NO.61/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHANNAPATTANA, RAMANAGARA DISTRICT, ALLOWED THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.4.2009 PASSED IN O.S.NO.71/2005 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., CHANNAPATNA. IN RSA NO. 1119/2013 BETWEEN: SMT. SAVITHRAMMA W/O MAHADEVA AGED ABOUT 43 YEARS R/AT BEVOOR VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 ...APPELLANT (BY SRI. P.M. GOPI, ADVOCATE FOR SRI. SIDDAMALLAPPA P M., ADVOCATE) AND: 1. SRI. CHOWDAIAH S/O BALLAIAH - 4 - HC-KAR NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013 SINCE DEAD LEGAL REPRESENTATIVES ARE APPELLANT & RESPONDENT Nos.2 TO 8 2. SMT JAYAMMA W/O BOOMEGOWDA AGED ABOUT 45 YEARS R/AT KADALUR VILLAGE, MADDUR TALUK MANDYA DISTRICT - 561 08 3. SMT SHIVALINGAMMA W/O JAYARAMU AGED ABOUT 40 YEARS R/AT CHIKKANAHALLI VILLAGE MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 4. SMT CHANDRAMMA W/O SHIVARAJU AGED ABOUT 36 YEARS R/AT DEVISIDDEGOWDANADODDI RAMANAGARAM TALUK AND DISTRICT - 571 511 5. SRI SIDDALINGA S/O LATE CHOWDAIAH AGED ABOUT 38 YEARS R/AT BEVOOR VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 6. SMT SHIVALINGAMMA W/O CHOWDAIAH AGED ABOUT 60 YEARS R/AT BEVOOR VILLAGE, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 571 501 7. SMT LAKSHMI W/O LATE SIDDARAJU AGED ABOUT 23 YEARS - 5 - HC-KAR NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013 R/AT BEVOOR VILLAGE, MALUR HOBLI, CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 8. SRI SIDDESH S/O LATE SIDDARAJU AGED ABOUT 8 YEARS R/AT BEVOOR VILLAGE, MALUR HOBLI CHANNAPATNA TALUK RAMANAGARAM DISTRICT - 562 108 ...RESPONDENTS (BY SRI. K S VENKATA RAMANA, ADVOCATE FOR R1, R4-R7 R8 IS MINOR REP. BY R7 SMT. NIRMALA JAYARAM, ADVOCATE FOR R2 & R3) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 27.5.2013 PASSED IN R.A.NO.16/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC., CHANNAPATTANA, RAMANAGARA DISTRICT, DISMISSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 25.4.2009 PASSED IN O.S.NO.71/2005 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & JMFC., CHANNAPATNA. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant in both the appeals filed the memo’s seeking leave of the Court to withdraw - 6 - HC-KAR NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013 the appeals with liberty to agitate appellant’s grievance in appropriate proceedings before appropriate forum. 2. Learned counsel for the respondents submits that defendant No.1 executed the Will bequeathing item No.6 in favour of the other defendants. The mother of defendant Nos.4 to 6 executed a Will, bequeathing item No.6 in favour of the other defendants. 3. The defendants are at liberty to workout their remedy in the appropriate proceedings before the appropriate forum. 4. The memos are placed on record. The appeals are dismissed as withdrawn with the aforesaid liberty. 5. Insofar as RSA No.1118/2013, the appellant is entitled to work out her remedy before the appropriate forum. - 7 - HC-KAR NC: 2025:KHC:20219 RSA No. 1118 of 2013 C/W RSA No. 1119 of 2013 6. In RSA No.1119/2013, the appellant is entitled to work out the remedy in the final decree proceedings insofar as item No.6 of the properties is concerned. Sd/- (ASHOK S.KINAGI) JUDGE SKS List No.: 3 Sl No.: 4