- 1 - NC: 2025:KHC:9699 RSA No. 48 of 2020 C/W RSA No. 1724 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 48 OF 2020 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 1724 OF 2019 IN RSA No. 48/2020 BETWEEN: SRI. A ANJINAPPA S/O HANUMANTHAPPA, AGED ABOUT 65 YEARS, RETIRED BANK EMPLOYEE, D NO.834/44, 14TH CROSS, VIDHYA NAGARA, DAVANAGERE – 577 001 ALSO AT 1357/1, 3RD MAIN, 8TH CROSS, K T J NAGAR, DAVANAGERE-577101 …APPELLANT (BY SRI. GURURAJ. R., ADVOCATE) AND: 1. SHIVALINGAMMA W/O M SHANTHAPPAIAH, SINCE DECEASED REP. BY LEGAL REPRESENTATIVE RESPONDENT No.2 WHO IS ALREADY ON RECORD 2. SMT M S SHIVARUDRAMMA W/O M SHIVAMURTHY, AGED ABOUT 74 YEARS, RETIRED TEACHER, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9699 RSA No. 48 of 2020 C/W RSA No. 1724 of 2019 R/AT D.NO.116/71, KIRUVADI LAYOUT, K B EXTENSION, DAVANAGERE-577101. …RESPONDENTS (BY SRI. REVANNA BELLARY, ADVOCATE FOR R2 SRI. SHAN A NEMICAL, ADVOCATE AND SMT. BHARATHI PATIL, ADVOCATE FOR R1 V/O DATED 29.09.2023, R2 IS LR OF DECEASED R1) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 08.02.2019 PASSED IN RA NO 108/2015 ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, DAVANAGERE DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 26.08.2015 PASSED IN OS NO 150/2014 ON THE FILE OF THE III ADDL.SENIOR CIVIL JUDGE, DAVANAGERE. IN RSA NO. 1724/2019 BETWEEN: SRI. A ANJINAPPA S/O. HANUMANTHAPPA, AGED ABOUT 65 YEARS, RETIRED BANK EMPLOYEE, D.NO.834/44, 14TH CROSS, VIDHYA NAGARA, DAVANAGERE-517101 ...APPELLANT (BY SRI. GURURAJ. R., ADVOCATE) AND: 1. SMT. M S SHIVARUDRAMMA W/O. M. SHIVAMURTHY, AGED ABOUT 74 YEARS, - 3 - NC: 2025:KHC:9699 RSA No. 48 of 2020 C/W RSA No. 1724 of 2019 RETIRED TEACHER, R/AT D.NO.116/71, KIRUVADI LAYOUT, K B EXTENSION, DAVANAGERE-577101. 2. SMT. SHIVALINGAMMA W/O. M. SHANTHAPPAIAH, AGED ABOUT 88 YEARS, RETIRED TEACHER, R/AT D.NO.116/71, KIRUVADI LAYOUT, K B EXTENSION, DAVANAGERE-577101. RESPONDENT No.2 DIED , SOLE LEGAL REPRESENTATIVE RESPONDENT NO.1 WHO IS ALREADY ON RECORD. 3. SRI. M C MALLIKARJUNAIAH S/O. CHANNAVEERAIAH, AGED ABOUT 40 YEARS, AGRICULTURIST, R/O. MALALKERE VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT.-577101 4. SRI. RENUKASWAMY S/O. CHANNAVEERAIAH, AGED ABOUT 39 YEARS, AGRICULTURIST, R/O. MALALKERE VILLAGE, DAVANAGERE TALUK-577101 NOW WORKING AT MANGALORE 5. SRI. M. MURIGENDRAIAH S/O. MAHADEVAIAH, AGED ABOUT 62 YEARS, AGRICULTURIST, R/O. MALALKERE VILLAGE, DAVANAGERE TALUK-577101. ...RESPONDENTS - 4 - NC: 2025:KHC:9699 RSA No. 48 of 2020 C/W RSA No. 1724 of 2019 (BY SRI. REVANNA BELLARY, ADVOCATE FOR R1 V/O DATED 29.09.2023, R1 IS THE LR OF R2) THIS RSA IS FILED UNDER SECTION 100 OF CPC 1908 AGAINST THE JUDGMENT AND DECREE DATED 08.02.2019 PASSED IN RA NO 105/2015 ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, DAVANAGERE DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 26.08.2015 PASSED IN OS NO 169/2014 ON THE FILE OF THE III ADDL. SENIOR CIVIL JUDGE, DAVANAGERE. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel appearing for the appellant submits that pursuant to the impugned judgment, respondent No.2 had taken the possession of the suit schedule property. In view of the same, nothing survives for consideration in these appeals. 2. Submission is placed on record. 3. Accordingly, the appeals are dismissed as having become infructuous. - 5 - NC: 2025:KHC:9699 RSA No. 48 of 2020 C/W RSA No. 1724 of 2019 In view of the dismissal of the appeals, pending I.As, do not survive for consideration and are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS