- 1 - NC: 2025:KHC:15792 RSA No. 1344 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 1344 OF 2023 (DEC/POS) BETWEEN: 1. SRI NAGARAJU SINCE DEAD BY LRS SMT. KEMPAMMA W/O LATE NGARAJU AGED ABOUT 60 YEARS 2. K. N. VENKATESH S/O NAGARAJU AGED ABOUT 25 YEARS 3. K. N KRISHAKUMAR S/O NAGARAJU AGED ABOUT 47 YEARS 4. K.N. MEENA S/O NAGARAJU AGED ABOUT 49 YEARS ALL ARE RESIDING AT KYATHANAHALLI VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT …APPELLANTS (BY SRI. DIVAKARA P S., ADVOCATE) AND: SMT. JAYAMMA W/O THIMMAIAH, SINCE DEAD BY LRs, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15792 RSA No. 1344 of 2023 1. SRI.LAKSHMINARAYANA S/O THIMMAIAH AGED ABOUT 47 YEARS 2. SRI HEMANTH KUMAR S/O THIMMAIAH AGED ABOUT 41 YEARS 3. SMT. SOWBHAGYA D/O THIMMAIAH AGED ABOUT 43 YEARS 4. SMT SHOBHARANI D/O THIMMAIAH AGED ABOUT 49 YEARS RESPONDENT Nos. 1 TO 4 ARE R/AT TAILOR STREET, SRIRANGAPATNA TOWN, MANDYA DISTRICT 5. SMT GAYATHRI W/O T. GIRIDHARA, AGED ABOUT 51 YEARS, R/AT NO.35/10, 1ST FLOOR, BELLARY ROAD, NEAR MEKRI CIRCLE, BENGALURU. …RESPONDENTS (BY SMT/MISS ISHITHA SAETHY, ADVOCATE FOR SRI. B.V. BHADRINATH, ADVOCATE FOR R1 TO R5) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 12.08.2022 PASSED IN RA.NO.15/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, SRIRANGAPATANA, PARTLY ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND DECREE DATED 05.07.2017 PASSED IN O.S.NO.356/1995 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, SRIRANGAPATNA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:15792 RSA No. 1344 of 2023 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Heard learned counsel for the appellants and Ms.Ishitha, learned counsel representing respondents no.1 to 5. 2. Learned counsel for the appellants, on instructions, undertakes that, the appellants will vacate the schedule ‘B’ property measuring 18 guntas of agricultural land in Sy.No.94 within six months from today. 3. Memo of even date is also filed and the same is placed on record. 4. In view of the memo of undertaking furnished by the appellants, nothing survives for consideration in this appeal. Accordingly. the appeal is disposed of. In view of the disposal of the appeal, I.A.2/23 does not survive for consideration and is accordingly, disposed of. Sd/- (ASHOK S.KINAGI) JUDGE rs