- 1 - NC: 2025:KHC:9332 RSA No. 1504 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO. 1504 OF 2012 (INJ) BETWEEN: SMT. B. N. SHAKUNTHALA W/O JAYANNA 53 YEARS SRI VINAYAKA NAGAR, GOWRIBIDANUR. …APPELLANT (BY SRI. SHANT KUMAR, ADV. FOR SRI. M.S. RAJENDRA, ADV.) AND: 1. B. N. SHIVARAM B. NANJEGOWDA, 59 YEARS, BUDENAHALLI, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572132. 2. B. N. NARASIMHAMURTHY S/O LATE B. NANJEGOWDA, 73 YEARS, R/AT B. N. ROAD, MADHUGIRI TOWN, TUMKUR DISTRICT. 3. SMT. B. N. PUTTAMMA W/O THIMMAIAH, 54 YEARS R/AT NO. 8TH B-CROSS, 8TH MAIN ROAD, SHIVANAHALLI, BANGALORE-10. 4. SMT. B. N. LALITHAMMA W/O C. KANTHARAJU, 50 YEARS, R/AT NO.5, 11-A CROSS, PRASHANTHNAGAR, BANGALORE-71. Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka - 2 - NC: 2025:KHC:9332 RSA No. 1504 of 2012 5. SMT. B. N. VIJAYALAKSHMI, W/O S R GANGADHARAIAH, 47 YEARS, R/AT NO.313, OUT HOUSE, 7TH MAIN ROAD, VIJAYANAGARA, BANGALORE-40. 6. SMT. B. N. LAKSHMI DEVI @ JAYASREE, W/O M. S. LOKESH 41 YEARS, R/AT D.NO. 1737/114, EAST END, A-MAIN ROAD, 9TH BLOCK, JAYANAGARA BANGALORE-69. …RESPONDENTS (BY SRI. THILAK RAJ, ADV. FOR SRI. H.N.BASAVARAJU, ADV. FOR C/R1.) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD: 17.4.2012 PASSED IN R.A.NO.97/2009 ON THE FILE OF SENIOR CIVIL JUDGE & CJM, CHICKBALLAPUR, DISMISSING THE APPEAL AND UPHOLDING THE JUDGEMENT AND DECREE DTD: 28.7.2009 PASSED IN OS.NO.202/2001 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) & JMFC, GOWRIBIDANUR. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT This appeal is filed challenging judgment and decree dated 17.04.2012 passed in RA No.97/2009 by Court of Senior Civil Judge & CJM, Chickballapur upholding judgment and decree dated 28.07.2009 passed in OS - 3 - NC: 2025:KHC:9332 RSA No. 1504 of 2012 No.202/2001 by Court of Addl. Judge (Jr.Dn.), Gowribidanur. 2. Both Court have concurrently dismissed plaintiff suit for injunction on ground that relief sought for is in proper. 3. It is seen that, plaintiff sought relief for injunction as follows: "Restraining the I defendant from transferring any right in the suit schedule properties to any 3rd party till final division of family property by metes and bounds in the family of Late Sri. B Nanje Gowda of Budenahally, Kodigenahally Hobli, Madhugiri Taluk, Tumkur District between all the Children of late B Nanje Gowda". 4. It is submitted by learned counsel for appellant that one of family member of plaintiff has filed suit for partition of joint family properties in O.S.No.147/1996, in which, present appellant was party to proceedings as defendant. - 4 - NC: 2025:KHC:9332 RSA No. 1504 of 2012 5. Said suit came to bedecreed on 06.03.2021 and same is presently pending challenge in RA No.26/2021 before Addl. Civil Judge, Madhugiri. In view of same, subject matter of present suit would be covered by said suit. Hence, appeal is dismissed as having become infructuous. Sd/- (RAVI V HOSMANI) JUDGE SSD List No.: 1 Sl No.: 35