- 1 - NC: 2025:KHC:3637 RSA No. 1545 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA REGULAR SECOND APPEAL NO. 1545 OF 2024 (DEC/INJ) BETWEEN: [ 1. SMT. MANGALA GOWRAMMA AGED ABOUT 58 YEARS, WIFE OF SEEBANNA @ SEEBAIAH, RESIDING AT DIBBADAHALLI BHAVANAHALLI VILLAGE, CHIKKANAYAKANAHALLI TUMAKURU DISTRICT 572 214. …APPELLANT (BY SRI. ABHIJIT VERMA, ADVOCATE) AND: 1. THAMMAIAH SON OF VENKATARAMANAPPA, AGED ABOUT 84 YEARS, RESIDING AT JOGIHALLI, CHIKKANAYAKANAHALLI TALUK, TUMAKURU DISTRICT 572 214. 2. SRI. RAVI DAUGHTER OF LATE PUTTAIAH, AGED ABOUT 71 YEARS, 3. SRI.SEEBAIAH SON OF LATE PUTTAIAH, AGED ABOUT 55 YEARS, 4. SRI.MURTHY SON OF LATE PUTTAIAH, AGED ABOUT 46 YEARS, Digitally signed by VEDAVATHI A K Location: High Court of Karnataka - 2 - NC: 2025:KHC:3637 RSA No. 1545 of 2024 ALL ARE RESIDENTS OF DIBBADAHALLI, NEAR BHAVANAHALLI VILLAGE, CHIKKANAYAKANAHALLI TUMAKURU DISTRICT 572 214. …RESPONDENTS (BY SRI. R NEELAKANTA SWAMY, ADVOCATE FOR R1 R2 TO R4 ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SEC.100 OF CPC., PRAYING TO SET ASIDE THE JUDGEMENT AND DECREE DATED 16.12.2016 PASSED IN RA NO.2/2015 ON THE FILE OF SENIOR CIVIL JUDGE, ITINERATE COURT, C.N. HALLI., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 11.12.2014 PASSED IN OS NO.22/2012 ON THE FILE OF C/C ADDITIONAL CIVIL JUDGE AND JMFC, C.N. HALLI. THIS APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA ORAL JUDGMENT Heard the learned counsel for the appellant. It is a third party appeal, where the appellant is questioning the order of dismissal of the suit in OS.No.22/2012 (old number OS.No.406/1998 and OS.No.92/2003), on the file of Addl. Civil Judge and JMFC, Chikkanayakanahalli and dismissal of the appeal in RA.No.2/2015, on the file of Senior Civil Judge at Chikkanayakanahalli. - 3 - NC: 2025:KHC:3637 RSA No. 1545 of 2024 The plaintiff has also questioned the concurrent finding of the Trial Court and the appellate court before this court in RFA No.580/2017. The appeal was allowed as per order dated 11.04.2023, setting aside the order of the trial court and the appellate court and the suit of the plaintiff was decreed. Again the appellant being the third party claiming an independent right over the suit schedule property wants to challenge the said judgment of the trial court as well the appellate court. Since RFA No.580/2017 is already decided, the appellant has to work out his remedy independently. Hence, granting leave to file the present appeal does not arise. Hence, IA.No.4/2024 is dismissed. Consequently, the appeal is dismissed. All the pending IAs are disposed off. Sd/- (T.G. SHIVASHANKARE GOWDA) JUDGE SRK List No.: 2 Sl No.: 4