- 1 - HC-KAR NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 872 OF 2010 (PAR) C/W REGULAR SECOND APPEAL NO. 871 OF 2010 (PAR) IN RSA No. 872/2010 BETWEEN: SRI VENKATARAMAIAH, S/O MUNIYAPPA, AGED ABOUT 65 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101. …APPELLANT (BY SRI RAHUL P, ADVOCATE) AND: 1. CHIKKA VENKATARAMAPPA SINCE DECEASED REP BY HIS LRS a) SRI SOMAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 45 YEARS, b) SRI NANJUNDAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 35 YEARS, (c) SMT ASWATHAMMA, D/O CHIKKA VENKATARAMAPPA, W/O MUNIYAPPA, AGED ABOUT 40 YEARS, Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010 d. SRI RAMACHANDRA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 32 YEARS, e. SRI MUNIYAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 30 YEARS ALL ARE RESIDING AT ITHARASANAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK - 563101, 2. SMT MUNIYAMMA, W/O HANUMANTHAPPA, AGED ABOUT 70 YEARS, R/AT ITHARASANAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK - 563101. 3. SRI CHIKKA MUNIVENKATAPPA, S/O MUNIYAPPA, AGED ABOUT 70 YEARS, SINCE DECEASED REP. BY HIS LRS 3(a) SMT MUNIYAMMA, W/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 65 YEARS, 3(b) HANUMANTHAPPA, S/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 48 YEARS, 3(c) JAYAPPA, S/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 45 YEARS, 3(d) SMT MUNIRATHNA, D/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 40 YEARS, - 3 - HC-KAR NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010 3(e) MYLLEGOWDA@SONAPPA, S/O LATE CHIKKA MUNIVENKATAPPA, AGED ABOUT 38 YEARS, ALL ARE RESIDING AT GUTTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101. 4. SMT SAKAMMA, W/O RAMAIAH, SINCE DECEASED. 5. SRI DODDA VENKATARAMAIAH, S/O SONNAPPA, AGED ABOUT 93 YEARS, SINCE DECEASED 6. SMT VENKATAMMA, W/O DODDA MUNIVENKATAPPA, AGED ABOUT 73 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT -563101. 7. SRI SOMANNA, S/O MUNIYAPPA, AGED ABOUT 70 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT -563101. 8. SMT CHIKKA MUNIYAMMA, W/O MUNIVENKATAPPA AGED ABOUT 60 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT -563101. …RESPONDENTS (BY R1(A)(B)(C)(D) AND (E), R2, R3(A), R3(B), R3(C), R3(E) ARE SERVED, R6, R7 AND R8 ARE SERVED R4 AND R5 ARE DECEASED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED01.08.2009 PASSED IN R.A.NO.122/2007 ON THE FILE OF THE I-ADDL. DISTRICT - 4 - HC-KAR NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010 JUDGE, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.09.2007 PASSED IN O.S.NO.170/2000 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN)& CJM, KOLAR. IN RSA NO. 871/2010 BETWEEN: VENKATARAMAIAH, S/O MUNIYAPPA, AGED ABOUT 65 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK & DISTRICT - 563101. ...APPELLANT (BY SRI RAHUL P, ADVOCATE) AND: 1. CHIKKA VENKATARAMAPPA, SINCE DECEASED REP BY LRS 1(a) SRI SOMAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 45 YEARS, R/AT KENCHANAHALLI VILLAGE, UTHANUR HOBLI, MULBAGAL TALUK. 1(b) SRI NANJUNDAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 35 YEARS, R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK - 563101. 1(c) SMT ASWATHAMMA, D/O CHIKKA VENKATARAMAPPA, AGED ABOUT 40 YEARS, 1(d) SRI RAMACHANDRAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 32 YEARS, - 5 - HC-KAR NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010 1(e) SRI MUNIYAPPA, S/O CHIKKA VENKATARAMAPPA, AGED ABOUT 30 YEARS, ALL ARE R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101. 2. SMT MUNIYAMMA, W/O HANUMANTHAPPA, AGED ABOUT 70 YEARS, R/AT ITHARASANAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK - 563101. 3. SRI CHIKKA MUNIVENKATAPPA, S/O MUNIYAPPA, AGED ABOUT 70 YEARS, SINCE DECEASED 4. SMT SAKAMMA, W/O RAMAIAH, AGED ABOUT 80 YEARS, SINCE DECEASED 5. SRI DODDA VENKATARAMAIAH, S/O SONNAPPA, AGED ABOUT 93 YEARS, SINCE DECEASED 6. SMT DODDA VENKATAMMA, SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES 6(a) ANJINAPPA, S/O LATE DODDA VENKATAMMA, AGED ABOUT 60 YEARS, 6(b) ERAMMA, D/O LATE DODDA VENKATAMMA, AGED ABOUT 55 YEARS, - 6 - HC-KAR NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010 BOTH ARE R/AT GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101. 7. SRI SOMANNA, S/O MUNIYAPPA, AGED ABOUT 70 YEARS, R/A GUTLUR VILLAGE, HUTHUR HOBLI, KOLAR TALUK AND DISTRICT - 563101. 8. SRI SOMANNA, SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES 8(a) VENKATARATHNAMMA, W/O VIJAY KUMAR, D/O LATE SOMANNA, AGED ABOUT 35 YEARS, R/AT KADENAHALLI VILLAGE, BYRAKUR HOBLI, MULBAGAL TALUK, KOLAR DISTRICT - 563101. (AMENDEMENT CARRIED OUT AS PER COURT ORDER DT 29.08.2018) ...RESPONDENTS (R1(A), R1(B), R1(C), R1(D), R1(E) ARE SERVED R2 IS SERVED, R6(A), R6(B) SERVED R7 AND R8(a) ARE SERVED, R3, R4 AND R5 ARE DECEASED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 01.08.2009 PASSED IN R.A.NO.193/2007 ON THE FILE OF THE I-ADDL. DISTRICT JUDGE, KOLAR, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 24.09.2007 PASSED IN O.S.NO.170/2000 ON THE FILE OF THE PRL. CIVIL JUDGE (SR.DN)& CJM, KOLAR. THESE APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:24230 RSA No. 872 of 2010 C/W RSA No. 871 of 2010 CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT The appeals are of the year 2010. The cases were called out in the morning session. There was no representation. 2. There is no representation in the afternoon session as well. 3. Since the appeals are 15 years old pending for admission, appeals are dismissed for non prosecution. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 6