- 1 - HC-KAR NC: 2025:KHC:21600 RSA No. 1280 of 2013 C/W RSA No. 189 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1280 OF 2013 (DEC) C/W REGULAR SECOND APPEAL NO. 189 OF 2013 IN RSA No. 1280/2013 BETWEEN: 1. SHRI M.MAHADEVAPPA S/O LATE SHRI MADAPPA SINCE DECEASED REPRESENTED BY HIS LRS: SMT GANGAMMA @ GANGAMBIKE W/O LATE SHRI M MAHADEVAPPA AGED ABOUT 56 YEARS 2. SHRI M MAHADEVASWAMY AGED ABOUT 43 YEARS S/O LATE SHRI MAHADEVAPPA 3. SMT M S SHASHIKALA AGED ABOUT 38 YEARS W/O SHRI M S SHIVALINGA PRASAD 4. SMT M MEENAKSHI AGED ABOUT 37 YEARS W/O SHRI BHOGANANJAPPA D/O LATE SHRI MAHADEVAPPA 5. SMT BHAGYA AGED ABOUT 36 YEARS Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21600 RSA No. 1280 of 2013 C/W RSA No. 189 of 2013 W/O LATE SHRI M JAYANNA D/O LATE SHRI MAHADEVAPPA 6. SHRI MANJUNATHA AGED ABOUT 19 YEARS S/O LATE M. JAYANNA 7. KUM LAVANYA AGED ABOUT 18 YEARS D/O LATE M JAYANNA ALL ARE RESIDING AT NO.2/1, CHAVADI BEEDI DOORA VILLAGE, JAYAPURA HOBLI MYSORE TALUK & DISTRICT 570011 …APPELLANTS (BY SRI. GURURAJ R., ADVOCATE) AND: 1. SMT. MAHADEVAMMA AGED ABOUT 71 YEARS W/O LATE SHRI A MAHADEVAIAH R/AT DOOR NO.410/A SANMARG, 6TH CROSS, 2ND STAGE SIDDHARTHANAGAR MYSORE 570011 2. KUM M UMAMAHESHWARI CHINNA AGED ABOUT 39 YEARS D/O LATE SHRI A MAHADEVAIAH RESIDING AT DOOR NO.410/A SANMARG, 6TH CROSS, 2ND STAGE SIDDHARTHANAGAR, MYSORE 570011 3. THE ASSISTANT EXECUTIVE ENGINEER K P T C L RURAL SUB-DIVISION MANGALORE ELECTRICITY SUPPLY COMPANY LTD., (MESCOM) N R MOHALLA, MYSORE – 570011 …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:21600 RSA No. 1280 of 2013 C/W RSA No. 189 of 2013 (BY SRI. V B SHIVAKUMAR, ADVOCATE FOR R1 & R2 R3 SERVED) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 25.4.2013 PASSED IN R.A.NO.325/2012 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-IV, MYSORE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 18.6.2012 PASSED IN OS.NO.374/2005 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSORE. IN RSA NO. 189/2013 BETWEEN: 1. M.MAHADEVAPPA SINCE DECEASED REPRESENTED BY HIS LRS: SMT GANGAMMA @ GANGAMBIKE W/O LATE SHRI M MAHADEVAPPA AGED ABOUT 53 YEARS R/O DOOR NO.2/1, CHAVADI BEEDI, DOORA VILLAGE JAYAPURA HOBLI MYSORE TALUK AND DISTRICT – 577 101 2. M. MAHADEVASWAMY S/O LATE M. MAHADEVAPPA AGED ABOUT 36 YEARS R/O DOOR NO.2/1, CHAVADI BEEDI, DOORA VILLAGE JAYAPURA HOBLI MYSORE TALUK AND DISTRICT – 577 101 3. M. JAYANNA SINCE DECEASED BY HIS LRS SMT BHAGYA W/O LATE JAYANNA AGED ABOUT 28 YEARS - 4 - HC-KAR NC: 2025:KHC:21600 RSA No. 1280 of 2013 C/W RSA No. 189 of 2013 R/O DOOR NO.2/1, CHAVADI BEEDI, DOORA VILLAGE JAYAPURA HOBLI MYSORE TALUK AND DISTRICT – 577 101 4. MANJUNATHA S/O LATE JAYANNA AGED ABOUT 10 YEARS R/O DOOR NO.2/1, CHAVADI BEEDI, DOORA VILLAGE JAYAPURA HOBLI MYSORE TALUK AND DISTRICT – 577 101 MINOR, REP. BY HER GUARDIAN AND MOTHER SMT. BHAGYA APPELLANT NO.3 5. LAVANYA D/O LATE JAYANNA AGED ABOUT 8 YEARS R/O DOOR NO.2/1, CHAVADI BEEDI, DOORA VILLAGE JAYAPURA HOBLI MYSORE TALUK AND DISTRICT – 577 101 MINOR, REP. BY HER GUARDIAN AND MOTHER SMT BHAGYA APPELLANT NO.3 6. SMT SHASHIKALA D/O LATE M. MAHADEVAPPA W/O M.S. SHIVALINGAPPA PRASAD AGED ABOUT 38 YEARS R/O DOOR NO.872/9, 17TH CROSS, RAMANUJA ROAD CHAMUNDIPURAM MYSORE 570004 7. SMT MEENAKSHI W/O B. BHOGANANJAPPA AGED ABOUT 36 YEARS R/O NO.167 SRIKANTESHWARA NILAYA SRIKANTESHWARA TRADERS DOOR - HULLAHALLI MAIN ROAD - 5 - HC-KAR NC: 2025:KHC:21600 RSA No. 1280 of 2013 C/W RSA No. 189 of 2013 DOORA VILLAGE, JAYAPURA HOBLI, MYSORE TALUK AND DISTRICT – 577 101 .....APPELLANTS (BY SHASTRI & SHASTRI ASSOCIATES BY SRI. GURURAJ R., ADVOCATE) AND: 1. SMT. M. MAHADEVAMMA W/O LATE A. MAHADEVAIAH AGED ABOUT 63 YEARS R/O DOOR NO.410/A, SANMARGA, 6TH CROSS, 2ND STAGE, SIDDARTHANAGAR, MYSORE TALUK AND DISTRICT – 577 101 2. VYSYA BANK BRANCH AT THANDVAPURA NANJANGUD TALUK BY ITS MANAGER 3. PLD BANK LTD NANJANGUD TALUK NANJANGUD BY ITS MANAGER ...RESPONDENTS (BY SRI. V B SHIVA KUMAR, ADVOCATE FOR C/R1 R2 & R3 ARE SERVED) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 9.10.2012 PASSED IN R.A.NO.302/2012 ON THE FILE OF THE V ADDL. DISTRICT JUDGE, MYSORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 18.6.2012 PASSED IN OS.NO.465/2005 ON THE FILE OF THE III ADDL. SR. CIVIL JUDGE & CJM, MYSORE. - 6 - HC-KAR NC: 2025:KHC:21600 RSA No. 1280 of 2013 C/W RSA No. 189 of 2013 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 In RSA No.1280/2013, learned counsel for the appellants filed a memo seeking leave of the Court to withdraw the appeal. 2. Memo is placed on record. 3. Accordingly, the appeal is dismissed as withdrawn. 4. In RSA No.189/2013, the learned counsel for the appellants filed a memo for withdrawal of the appeal with liberty to include the property involved in O.S.No.374/2005 in the final decree proceedings, wherein the appellants have got half share in the suit schedule property. 5. Memo is placed on record. 6. Learned counsel Sri. V.B. Shiva Kumar, for respondent No.1 submits no objection to include the suit - 7 - HC-KAR NC: 2025:KHC:21600 RSA No. 1280 of 2013 C/W RSA No. 189 of 2013 property involved in O.S.No.374/2005 pending in FDP No.50/2017 on the file of III Additional Senior Civil Judge at Mysore, and he also submits that the appellants and respondents are entitled for half share each in the said schedule property. 7. His Submission is placed on record. The appeal is dismissed as withdrawn. 8. The respondents are directed to file an application in the final decree proceedings to include Sy.No.40/P measuring 5 acres of Doora village, Mysore taluk. If such an application is filed by the respondents or the appellants herein, the FDP Court is directed to allow the said application and grant half share each to both of the appellants and respondents in the aforesaid land. Sd/- (ASHOK S.KINAGI) JUDGE SKS