- 1 - NC: 2025:KHC:16270 RSA No. 2570 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI REGULAR SECOND APPEAL NO. 2570 OF 2018 (PAR) BETWEEN: SRI. K.NAGARAJ S/O C. GOVINDARAJU AGED ABOUT 53 YEARS, R/AT 24/319,VYSHYA STREET VASAVI ROAD, 5TH WARD DODDABALLAPURA - 561 203. …APPELLANT (BY SRI.B. RAMESH, ADVOCATE) AND: 1. KUMARI V NAYANA D/O S. VENKATESH, AGED ABOUT 21 YEARS, R/AT COURT ROAD SAHAJANANDA NAGAR, DODDABALLAPURA - 561 203. 2. KUMARI THEJASVINI V D/O S VENKATESH AGED ABOUT 19 YEARS, R/AT COURT ROAD SAHAJANANDA NAGAR, DODDABALLAPURA - 561 203. 3. SMT. SHYLAJA W/O S VENKATESH AGED ABOUT 50 YEARS, R/AT COURT ROAD SAHAJANANDA NAGAR, DODDABALLAPURA - 561 203. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16270 RSA No. 2570 of 2018 4. SMT. PILLAMMA W/O SAHAJANANDAPPA, SINCE DEAD BY HER LEGAL HEIRS RESPONDENT NO.1 TO 3, RESPONDENT NO.5 AND 6, RESPONDENT NO.9 TO 11. 5. SRI GURUMUTHAPPA S/O SAHAJANANDAPPA, AGED ABOUT 74 YEARS, R/AT 3016, YELEPETE, DODDABALLAPURA - 561 203. 6. SRI S VENKATESH S/O SAHAJANANDAPPA, AGED ABOUT 56 YEARS, R/AT 2306,COURT ROAD, SAHAJANANDA NAGAR, DODDABALLAPURA - 561 203. 7. SRI.C.J.VENKATESH S/O GOVINDARAJU, AGED ABOUT 53 YESARS R/AT 24/319, VYASARAYA STREET. VASAVI ROAD,5TH ROAD, DODDABALLAPURA - 561 203. 8. THE SUB-REGISTRAR OFFICE OF THE SUB-REGISTRAR, DODDABALLAPURA - 561 203. 9. SMT. SHIVALAKSHMAMMA D/O SAHAJANANDAPPA W/O RAMAKRISHNAPPA AGED ABOUT 68 YEARS, R/AT NO.1162, BASAVANNANAGAR HOODI MAHADEVAPURA POST BANGALORE - 560 048. - 3 - NC: 2025:KHC:16270 RSA No. 2570 of 2018 10. SMT. JAYAMMA D/O SAHAJANANDAPPA W/O DODDANANJAPPA AGED ABOUT 66 YEARS, R/AT 1ST CROSS SAJAJANANDANAGAR DODDABALLAPURA - 561 203. 11. SMT. GANGAMMA D/O SAHAJANANDAPPA W/O ANJINAPPA, AGED ABOUT 58 YEARS, R/AT ARULAMALLIGE KASABA HOBLI, DODDABALLAPURA - 561 203. …RESPONDENTS (BY SRI.L.M. RAMIAH GOWDA, ADVOCATE FOR R1 TO R3, R6 AND R10 ARE SERVED, VIDE ORDER DATED 18/07/2024 R1 TO R3, R5, R6,R9 TO R11 ARE LR'S OF DECEASED R4, VIDE ORDER DATED 21.04.2025 NOTICE TO R4 TO R11 ARE DISPENSED WITH) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT DECREE DTD 15.11.2018 PASSED IN R.A.NO. 10018/2016 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, DODDABALLAPURA, BENGALURU, RURAL DISTRICT, DISMISSING THE APPEAL AND MODIFYING AND CONFIRMING THE JUDGEMENT AND DECREE DTD 19.03.2016 PASSED IN OS.NO.265/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., DODDABALLAPUR. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:16270 RSA No. 2570 of 2018 CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI ORAL JUDGMENT Learned counsel for the appellant files a memo stating that the appellant aggrieved by the judgment and decree passed by the Courts below had filed an appeal during the pendency of the proceedings at the instance of the well wishers. The dispute between the appellant and respondent Nos.1 to 3 is settled out of the Court. In view of the settlement both appellant and respondent Nos.1 and 2 have sold suit item No.1 jointly in favour of one Sri. M. Chandrashekar under a registered sale deed dated 19.04.2025 wherein the respondent Nos.1 and 2 have accepted the judgment and decree passed by the First Appellate Court passed in R.A.Nos.10017/2016 and 10018/2016 and seeks leave of this Court to dismiss the appeal in terms of the memo. 2. Memo is taken on record. - 5 - NC: 2025:KHC:16270 RSA No. 2570 of 2018 3. Accordingly, the appeal is dismissed in terms of memo. Sd/- (ASHOK S.KINAGI) JUDGE AG List No.: 1 Sl No.: 34