- 1 - HC-KAR NC: 2025:KHC:24772 RSA No. 1434 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1434 OF 2013 (INJ) BETWEEN: 1. SRI K S SHYAMASUNDAR S/O SRINIVASAPPA, AGED ABOUT 50 YEARS, R/A ANJUMAN ROAD, CHICKPET, CHITRADURGA-577 501 2. SRI B V MOHAN KUMAR S/O VENKATARAMANAPPA, AGED ABOUT 48 YEARS, R/A MAHADI COMPLEX, P.B. ROAD NO.4, CHITRADURGA-577 501 …APPELLANTS (BY SRI. T SESHAGIRI RAO, ADVOCATE) AND: 1. SMT OBAMMA W/O GOVINDAIAHA, AGED ABOUT 64 YEARS, 2. SRI N G VEERANNA S/O GOVINDAIAH, AGED ABOUT 44 YEARS, 3. SRI N G PAPANNA S/O GOVINDAIAH, AGED ABOUT 42 YEARS, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24772 RSA No. 1434 of 2013 4. SRI N G HEMANNA S/O GOVINDAIAH, AGED ABOUT 39 YEARS ALL ARE RESIDING NEAR BAPUJI SCHOOL, CHALLAKERE-577 522 CHITRADURGA DISTRICT …RESPONDENTS (BY SRI. B M SIDDAPPA, ADVOCATE FOR R1 TO R4) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 19.6.2013 PASSED IN R.A.NO.68/2012 ON THE FILE OF SENIOR CIVIL JUDGE, CHALLAKERE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DTD 4.10.2012 PASSED IN OS.NO.31/2009 ON THE FILE OF PRINCIPAL CIVIL JUDGE , CHALLAKERE. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the defendants submits that the defendants have provided all basic necessities, such as a road, installed electric lights, drainage and water facilities at their cost, in the suit schedule property, during the pendency of this appeal, as per the terms and conditions of the agreement dated 28.06.2002. - 3 - HC-KAR NC: 2025:KHC:24772 RSA No. 1434 of 2013 2. As the defendants have already complied with the terms and conditions mentioned in the agreement dated 28.06.2002, and decree passed in the instant suit. In view of compliance of decree, nothing survives for consideration in this appeal. Therefore, the question of passing the judgment on merits does not arise. Accordingly, the appeal is disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS