- 1 - NC: 2025:KHC:9040 RSA No. 2144 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 2144 OF 2016 (INJ) BETWEEN: SMT. PREMA W/O. MAHADEVASWAMY, AGED ABOUT 36 YEARS, R/AT DOOR NO. 325, 14TH CROSS, 2ND STAGE, GOKULUM, V.V. MOHALLA, MYSORE 570 001. …APPELLANT (BY SRI. CHRISTOPHER NOEL A., ADVOCATE) AND: 1. P. SHIVANANDA @ ANANDA S/O. PUTTASWAMAIAH, AGED ABOUT 55 YEARS, R/AT TOREMAVU VILLAGE, CHIKKAIAHNA CHATRA HOBLI, NANJANGUD TALUK 571 301. MAHADEVA S/O. PUTTASWAMAIAH, DEAD BY LRS., 2. SAVITHRAMMA, W/O. LATE MAHADEVA, AGED ABOUT 55 YEARS. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9040 RSA No. 2144 of 2016 3. T. M. VISHNUMURTHY S/O. LATE MAHADEVA, AGED ABOUT 38 YEARS. 4. T.M. RAVIPRASAD S/O. LATE MAHADEVA, AGED ABOUT 36 YEARS. 5. T. M. PRATHAPA S/O. LATE MAHADEVA, AGED ABOUT 30 YEARS, ALL ARE R/AT HARIJAN STREET, THORAMAVU VILLAGE, CHATHRA HOBLI, NANJANGUD TALUK - 571301. …RESPONDENTS (BY SRI. P MAHESHA, ADVOCATE FOR R1 TO R5) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.10.2016 PASSED IN RA NO.40/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., NANJANGUD, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 13.07.2015 PASSED IN OS NO.79/2009 ON THE FILE OF THE LEARNED PRL., CIVIL JUDGE AND JMFC., NANJANGUDU. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI - 3 - NC: 2025:KHC:9040 RSA No. 2144 of 2016 ORAL JUDGMENT Learned counsel for the respondent filed a memo along with the certified copy of the registered sale deed dated 20.01.2025 which discloses that the appellant has sold the suit schedule property in favour of Nanjundaiah and Shivananjaih. 2. Memo is placed on record. 3. Admittedly, the suit is one for permanent injunction. The said suit was decreed by the Trial Court. 4. The defendant aggrieved by the judgment and decree passed by the Trial Court in O.S.No.79/2009 preferred appeal in R.A.No.40/2015 on the file of learned Senior Civil Judge and JMFC, Nanjangud. The appellate Court allowed the appeal and set aside the judgment and decree passed by the Trial Court and consequently dismissed the suit of the plaintiff/appellant. 5. The plaintiff/appellant aggrieved by the judgment and decree passed in R.A.No.40/2015 filed this Regular Second Appeal. - 4 - NC: 2025:KHC:9040 RSA No. 2144 of 2016 6. During the pendency of the present appeal, the appellant have sold the property under registered sale deed dated 20.01.2025 in favour of Nanjundaiah and Shivananjaih. As on today the appellant is not the owner of the suit schedule property and cause of action does not survive for consideration. 7. In view of the subsequent development the appeal had become redundant. 8. In view of the above discussions, appeal is dismissed. 9. Liberty is reserved in favour of the purchaser of the suit schedule property to file appropriate case before the appropriate forum. Sd/- (ASHOK S.KINAGI) JUDGE RCK List No.: 1 Sl No.: 12 CT:SNN