- 1 - NC: 2025:KHC:12235 RSA No. 219 of 2013 C/W RSA No. 220 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REGULAR SECOND APPEAL NO.219 OF 2013 (INJ) C/W REGULAR SECOND APPEAL NO.220 OF 2013 IN RSA NO.219/2013 BETWEEN: 1. SRI G.P. RAMAIAH S/O UTHAIAH AGED ABOUT 55 YERS 2. SRI G.P.CHENGAPPA S/O UTHAIAH AGED ABOUT 56 YERS PETITIONER NOS.1 AND 2 ARE RESIDING AT KALLUR VILLAGE SUNTIKOPPA SOMWARPET TALUK 3. SRI. G P KENCHAPPA AGED ABOUT 57 YEARS 4. SRI. G P RAMAIAH AGED ABOUT 55 YEARS 5. SRI G P MOHANKUMAR AGED ABOUT 44 YEARS Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12235 RSA No. 219 of 2013 C/W RSA No. 220 of 2013 PETITIONER NOS.3 TO 5 ARE THE SONS OF PALANGAPPA RESIDENTS OF ARVATHOKLU VILLAGE MADIKERI TALUK - 572 101 6. SRI G A POOVAMMA W/O LATE ACHAIAH AGED ABOUT 57 YEARS 7. SRI G P PRAVEEN KUMAR S/O LATE ACHAIAH AGED ABOUT 30 YEARS 8. SRI G P KAVITHA D/O LATE ACHAIAH AGED ABOUT 28 YEARS PETITIONER NOS.6 TO 8 ARE RESIDING AT NO.36 3RD MAIN ROAD, 2ND CROSS PRASHANTHNAGAR BENGALURU - 560079 9. SRI POOJARI KESHAVA S/O ULLASA AGED ABOUT 40 YEARS ARVATHOKLU VILLAGE MADIKERI TALUK KODAGU DISTRICT - 572101 …APPELLANTS (BY SRI.VENKATESH R BHAGAT, ADVOCATE (VC)) AND: SRI G.E.JANARDHANA S/O ERAPPA AGED ABOUT 44 YEARS RESIDING AT - 3 - NC: 2025:KHC:12235 RSA No. 219 of 2013 C/W RSA No. 220 of 2013 ARVATHOKLU VILLAGE AND POST MADIKERI TALUK KODAGU DISTRICT - 572101 …RESPONDENT THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 10.10.2012 PASSED IN R.A.NO.7/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 4.4.2007 PASSED IN O.S NO.141/2003 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) MADIKERI AND ETC. IN RSA NO.220/2013 BETWEEN: 1. SRI. G.P. RAMAIAH AGED 55 YEARS S/O UTHAIAH 2. SRI. G.P. CHENGAPPA AGED 56 YEARS S/O UTHAIAH BOTH PETITIONER NOS.1 AND 2 ARE RESIDING AT KALLUR VILLAGE SUNTIKOPPA SOMWARPET TALUK - 571236 3. SRI. G.P. KENCHAPPA AGED 57 YEARS 4. SRI. G.P. RAMAIAH AGED 55 YERAS 5. SRI. G.P. MOHANKUMAR AGED 44 YERAS - 4 - NC: 2025:KHC:12235 RSA No. 219 of 2013 C/W RSA No. 220 of 2013 PETITIONER NOS.3 TO 5 ARE SONS OF PALANGAPPA RESIDENTS OF ARVATHOKULU VILLAGE MADIKERI TALUK - 571201 6. 6(a) SRI. G.P. ACHAIAH AGED 70 YEARS SINCE DECEASED BY LRS SRI. G.A. POOVAMMA AGED 57 YEARS W/O LATE ACHAIAH 6(b) SRI. G.P. PRAVEEN KUMAR AGED 30 YEARS S/O LATE ACHAIAH 6(c). SRI. G.P. KAVITHA AGED 28 YEARS D/O LATE ACHAIAH ALL ARE RESIDING AT NO.36, 3RD MAIN ROAD 2ND CROSS PRASHANTHANAGAR BENGALURU - 560079 7. 8. SRI. POOJARI KESHAVA S/O ULLASA AGED 40 YEARS ARVATHOKLU VILLAGE MADIKERI TALUK KODAGU DISTRICT - 571201 SRI.SRIPATHY HEBBAR S/O LATE KRISHNA AGED 50 YEARS - 5 - NC: 2025:KHC:12235 RSA No. 219 of 2013 C/W RSA No. 220 of 2013 9. 10. ARVATHOKLU VILLAGE MADIKERE TALUK - 571201 SMT.GOVINDAMMA KUTTAPPA S/O KUTTAPPA AGED 55 YEARS ARVATHOKLU VILLAGE MADIKERE TALUK - 571 201 SMT.GOVINDAMMA JANAKI NANAIAH AGED 55 YEARS HEROOR VILLAGE AND POST SUNTICOPPA SOMWARPET TALUK KODAGU DISTRICT - 571236 ...APPELLANTS (BY SRI.VENKATESH R BHAGAT, ADVOCATE (VC)) AND: SRI G.E.JANARDHAN S/O ERAPPA AGED 44 YEARS RESIDING AT ARVATHOKLU VILLAGE AND POST MADIKERI TALUK KODAGU DISTRICT ...RESPONDENT THIS RSA IS FILED U/SEC.100 OF CPC., AGAINST THE JUDGEMENT & DECREE DATED 10.10.2012 PASSED IN R.A.NO.8/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MADIKERI, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DTD 4.4.2007 PASSED IN - 6 - NC: 2025:KHC:12235 RSA No. 219 of 2013 C/W RSA No. 220 of 2013 OS.NO.106/2004 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) MADIKERI AND ETC. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI ORAL JUDGMENT Notice issued to sole respondent has been returned with postal shara in April, 2024 as "party expired". Till date, steps are not taken. Hence, both appeals are dismissed as abated. Sd/- (RAVI V HOSMANI) JUDGE NBM List No.: 1 Sl No.: 10