- 1 - NC: 2025:KHC:11547 RSA No. 194 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 194 OF 2012 (SP) BETWEEN: 1. SMT PREMA KUMARI SINCE DEAD BY HER LRS 2. SRI M NANDA KISHORE, S/O LATE M K MUNEGOWDA, AGED ABOUT 48 YEARS, 3. SRI M PRASHANTH, S/O LATE M K MUNEGOWDA, AGED ABOUT 43 YEARS BOTH ARE RESIDING AT NO.4/1, 1ST MAIN, GANGANAGAR EXTENSION, BANGALORE-560032. …APPELLANTS (BY SRI PRASANNA B.K., ADVOCATE FOR SRI. P M NARAYANASWAMY, ADVOCATE) AND: SRI BYATAPPA DEAD BY HIS LRS, 1. SMT CHOWDAMMA, W/O LATE BYATAPA AGED ABOUT 78 YEARS MUGABALA VILLAGE JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11547 RSA No. 194 of 2012 2. SMT SAROJAMMA, D/O LATE BYATAPPA, AGED ABOUT 55 YEARS, SUGATUR VILLAGE, KOLAR TALUK, KOLAR DISTRICT. 3. SRI RAMANJINAPPA, D/O LATE BYATAPPA, AGED ABOUT 57 YEARS, MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT. 4. SMT GOWRAMMA, D/O LATE BYATAPPA, AGED ABOUT 53 YEARS, MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT. 5. SMT SHARADAMMA, S/O LATE BYATAPPA, AGED ABOUT 51 YEARS, VANCHANAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT. 6. SMT RADHAMMA D/O LATE BYATAPPA, AGED ABOUT 48 YEARS, YAMANGUR VILALGE, JANGAMAKOTE HOBLI, SIDDLAGHATTA TALUK, KOLAR DISTRICT. 7. SMT RUKMANIYAMMA, D/O LATE BYATAPPA, W/O UMESHA, AGED ABOUT 45 YEARS, BALAPURAVILAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK. - 3 - NC: 2025:KHC:11547 RSA No. 194 of 2012 8. SRI APPAJI GOWDA, S/O LATE BYATAPPA AGED ABOUT 42 YEARS, 9. SRI NARAYANA GOWDA, S/O LATE BYATAPPA, AGED ABOUT 41 YEARS, 10. SRI RAVI, S/O LATE BYATAPPA, AGED ABOUT 38 YEARS, NO.8 TO 10 ARE R/AT MUGABALA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGLORE RURAL DISTRICT. …RESPONDENTS (RESPONDENTS-SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 11.6.2009 PASSED IN R.A.NO.165/2004 ON THE FILE OF THE PRL. DISTRSICT & SESSION JUDGE, BANGALORE RURAL DISTRICT, BANGALORE, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 11.3.2004 PASSED IN O.S.NO.387/1996 ON THE FILE OF THE CIVIL JUDGE (JR.DN) & JMFC., HOSKOTE. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI - 4 - NC: 2025:KHC:11547 RSA No. 194 of 2012 ORAL JUDGMENT This Court on 14.03.2025, admitted above appeal by noting submission of learned counsel that connected RSA.no.1018/2019 arising out of same judgment and decree was admitted 27.10.2010. 2. It was later noticed that only RSA.no.194/2012 was filed by defendants challenging 'finding' of first appellate Court on point no.1. Since appeal was allowed by dismissing suit of plaintiffs, defendants cannot claim to be aggrieved by same. Hence, order dated 14.03.2025 admitting RSA.no.194/2012, is recalled. 3. Appeal is dismissed as not maintainable. However, liberty is reserved to raise contentions in RSA.no.1018/2009. Sd/- (RAVI V HOSMANI) JUDGE GVP List No.: 1 Sl No.: 1