- 1 - HC-KAR NC: 2025:KHC:21285 RSA No. 1323 of 2010 C/W RSA No. 1324 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL No. 1323 OF 2010 (PAR) C/W REGULAR SECOND APPEAL No. 1324 OF 2010 IN RSA No. 1323/2010 BETWEEN: 1. SRI KENCHAYELLAPPA, S/O DODDAMADAPPA, AGED ABOUT 72 YEARS, R/AT TANNIGERE VILLAGE, CHANNAGIRI TQ-577213, DAVANAGERE DIST. …APPELLANT (BY SRI P.M. SIDDAMALLAPPA, MYLARAIAH ASSOCIATES., ADVOCATE) AND: 1. 1(a) SMT. SHANTHAMMA, W/O LATE NINGAPPA, AGED ABOUT 60 YEARS, R/A TANNIGERE VILLAGE, CHANNAGIRI TQ. DAVANAGERE DIST-577123. SINCE DEAD BY LRS. SRI SHIVANANDAPPA, S/O SHIVAPPA, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21285 RSA No. 1323 of 2010 C/W RSA No. 1324 of 2010 1(b) 1(c) 1(d) 1(e) AGED ABOUT 65 YEARS, R/AT GULLEHALLI VILLAGE, GARAGHA POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. SMT. MANJULA, WIFE OF SHIVAMURTHAPPA, D/O LATE RATHNAMMA, AGED ABOUT 31 YEARS, R/AT GULLEHALLI VILLAGE, GARAGHA POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. R3 IS THE LR OF DECEASED R1(B) VIDE ORDER DATED 17.03.2020 SMT. NAGAMMA, W/O SHIVALINGAMMA, HOLLAKERI TALUK, CHITRADURGA DISTRICT. SRI UMESH, S/O SHIVANANDAPPA, S/O LATE RATHNAMMA, AGED ABOUT 29 YEARS, R/AT GULLEHALLI VILLAGE, GARAGHA POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. SRI SHANKARA, S/O SHIVANANDAPPA, S/O LATE RATHNAMMA, AGED ABOUT 29 YEARS, R/AT GULLEHALLI VILLAGE, GARAGHA POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. - 3 - HC-KAR NC: 2025:KHC:21285 RSA No. 1323 of 2010 C/W RSA No. 1324 of 2010 1(f) SMT. GANGAMMA W/O HANUMANTHAPPA, HIRIYUR VILLAGE, HOLLAKERE TALUK, CHITRADURGA DISTRICT. 2. SRI KENCHAMALLAPPA, S/O LATE NINGAPPA, AGED ABOUT 54 YEARS, R/AT TANNIGERE VILLAGE, CHANNAGIRI TQ. DAVANAGERE DIST-577123. 3. SRI G. N. SHIVAMURTHY, S/O LATE NINGAPPA, AGED ABOUT 38 YEARS, R/A TANNIGERE VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST-577123. …RESPONDENTS (BY SRI S. V. PRAKASH, ADVOCATE FOR R2 & R3; R1(c) and R1(d) ARE SERVED; R3 TREATED AS LR'S OF DECEASED R1(b) VIDE ORDER DATED 17.03.2020; VIDE ORDER DATED 05.03.2019 APPEAL AGAINST R1(a) STANDS DISMISSED; R1(e) & R1(f) ARE SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.02.2010 PASSED IN R.A.No.51/2006 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN), DAVANGERE, PARTLY ALLOWING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.01.2006 PASSED IN O.S.No.70/02 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DVN.)& JMFC, CHANNAGIRI. - 4 - HC-KAR NC: 2025:KHC:21285 RSA No. 1323 of 2010 C/W RSA No. 1324 of 2010 IN RSA No. 1324/2010 BETWEEN: 1. SRI KENCHAYELLAPPA, S/O DODDAMADAPPA, AGED ABOUT 72 YEARS, R/AT TANNIGERE VILLAGE, CHANNAGIRI TQ-577213, DAVANAGERE DIST. …APPELLANT (BY SRI P.M. SIDDAMALLAPPA, MYLARAIAH ASSOCIATES., ADVOCATE) AND: 1. 1(a) 1(b) SMT. SHANTHAMMA, W/O LATE NINGAPPA, AGED ABOUT 60 YEARS, R/A TANNIGERE VILLAGE, CHANNAGIRI TQ. DAVANAGERE DIST-577123. SINCE DEAD BY LRS. SRI SHIVANANDAPPA, S/O SHIVAPPA, AGED ABOUT 65 YEARS, R/AT GULLEHALLI VILLAGE, GARAGHA POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. SMT. MANJULA, WIFE OF SHIVAMURTHAPPA, D/O LATE RATHNAMMA, AGED ABOUT 31 YEARS, R/AT GULLEHALLI VILLAGE, GARAGHA POST, - 5 - HC-KAR NC: 2025:KHC:21285 RSA No. 1323 of 2010 C/W RSA No. 1324 of 2010 1(c) 1(d) CHANNAGIRI TALUK, DAVANAGERE DISTRICT. R3 IS THE LR OF DECEASED R1(B) VIDE ORDER DATED 17.03.2020 SRI UMESH, S/O SHIVANANDAPPA, S/O LATE RATHNAMMA, AGED ABOUT 29 YEARS, R/AT GULLEHALLI VILLAGE, GARAGHA POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. SRI SHANKARA, S/O SHIVANANDAPPA, S/O LATE RATHNAMMA, AGED ABOUT 29 YEARS, R/AT GULLEHALLI VILLAGE, GARAGHA POST, CHANNAGIRI TALUK, DAVANAGERE DISTRICT. CHITRADURGA DISTRICT. 2. SRI KENCHAMALLAPPA, S/O LATE NINGAPPA, AGED ABOUT 40 YEARS, R/AT TANNIGERE VILLAGE, CHANNAGIRI TQ. DAVANAGERE DIST-577123. 3. SRI G. N. SHIVAMURTHY, S/O LATE NINGAPPA, AGED ABOUT 38 YEARS, R/A TANNIGERE VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DIST-577123. 4 SMT. NINGAMMA, W/O SHIVALINGAMMA, - 6 - HC-KAR NC: 2025:KHC:21285 RSA No. 1323 of 2010 C/W RSA No. 1324 of 2010 AGED ABOUT 47 YEARS, R/AT HIRIYUR VILLAGE, HOLLAKERI TALUK, CHITRADURGA DISTRICT-577133. 5 SMT. GANGAMMA, W/O HANUMANTHAPPA, AGED ABOUT 45 YEARS, R/AT HIRIYUR VILLAGE, HOLLAKERE TALUK, CHITRADURGA DISTRICT-577133. …RESPONDENTS (BY SRI S. V. PRAKASH, ADVOCATE FOR R2 & R3; R1(c) and R1 (d) ARE SERVED; R3 ARE TREATED AS LR'S OF DECEASED R1 (b) VIDE ORDER DATED 17.03.2020; SRI S.V. PRAKASH; ADVOCATE FOR R2, R4 & R5; VIDE ORDER DATED 05.03.2019 APPEAL AGAINST R1(a) STANDS DISMISSED) THIS RSA IS FILED UNDER SECTION 100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.02.2010 PASSED IN R.A.No.51/2006 ON THE FILE OF THE I ADDL. CIVIL JUDGE (SR.DN), DAVANGERE, PARTLY ALLOWING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.01.2006 PASSED IN O.S.No.118/2002 ON THE FILE OF THE PRL.CIVIL JUDGE (JR.DVN.)& JMFC, CHANNAGIRI. THESE APPEALS, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:21285 RSA No. 1323 of 2010 C/W RSA No. 1324 of 2010 CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT Learned counsel for the appellants submits that the dispute between the parties is amicably settled before the Executing Court. 2. Submission is accepted. 3. Learned counsel for the respondents has filed copy of the order in the Execution proceedings. 4. Under the circumstances, the appeals do no survive for consideration and are dismissed accordingly. In view of dismissal of main appeals, pending interlocutory application, if any, stand disposed of as not surviving. Sd/- (ANANT RAMANATH HEGDE) JUDGE MV, List No.: 1 Sl No.: 221