- 1 - HC-KAR NC: 2025:KHC:33279 RSA No. 894 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.894 OF 2024 (DEC/POS) BETWEEN: 1. SRI. PRABHUGOUDA PATEL S/O SRI KUBHERAGOUDA PATEL, AGED ABOUT 59 YEARS, AGRICULTURIST, R/O KOKKANURU VILLAGE, HARIHARA TALUK-577530. 2. SRI ABINANDAN S/O SRI PRAGHUGOUDA PATEL, AGED ABOUT 35 YEARS, AGRICULTURIST, R/O KOKKANURU VILLAGE, HARHARA TALUK-577530. 3. SMT SOUMYA PATEL D/O SRI PRAGHUGOUDA PATEL, AGED ABOUT 32 YEARS, AGRICULTURIST R/O KOKKANURU VILLAGE, AGRICULTURIST HARHARA TALUK-577530. …APPELLANTS (BY SRI MARUTHI G B, ADVOCATE) AND: 1. SMT. ARUNDHATHI W/O SRI DHARAMAPPAGOUDA, AGED ABOUT 72 YEARS, AGRICULTURIST Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33279 RSA No. 894 of 2024 R/O KOKKANURU VILLAGE, HARIHARA TALUK-577 530. 2. SMT SHANTHAMMA W/O SRI BASAVALINGAPPA @ B D PATIL AGED ABOUT 49 YEARS, AGRICULTURIST R/O KOKKANURU VILLAGE, HARIHARA TALUK-577530. 3. SRI PAVAN B PATIL S/O SRI BASAVALINGAPPA @ B D PATIL AGED ABOUT 25 YEARS, AGRICULTURIST R/O KOKKANURU VILLAGE, HARHARA TALUK-577503. …RESPONDENTS (BY SRI M.V.PARAMESHWARAPPA, ADVOCATE FOR R2; VIDE ORDER DATED 29.07.2025, R2 AND R3 ARE THE LR’S OF DECEASED R1) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE AGAINST THE JUDGMENT AND DECREE DATED 06.01.2024 PASSED IN RA.NO.56/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HARIHARA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 01.07.2019 PASSED IN OS.NO.234/2014 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC, HARIHARA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:33279 RSA No. 894 of 2024 ORAL JUDGMENT Heard Sri Maruthi G.B. and Sri M.V.Parameshwarappa, learned advocates for the parties. 2. Regular Appeal came to be filed before the First Appellate Court on 17.07.2019. It is submitted that on 27.02.2022, the first respondent in the appeal died. Without bringing the legal representatives and intimating the death of respondent No.1, appeal came to be disposed of on 06.01.2024. Validity of the same is called in question in this Second Appeal. 3. Even though seven substantial questions of law are raised in the present Second Appeal, the appeal can be disposed of on technical ground that the decree passed by the First Appellate Court is nullity as it was against a dead person. 4. As such, without expressing any opinion on the merits of the matter, appeal needs to be allowed and the matter is directed to be adjudicated afresh before the First Appellate Court in accordance with law. 5. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:33279 RSA No. 894 of 2024 ORDER (i) The appeal is allowed. (ii) The judgment and decree passed by the First Appellate Court in R.A.No.56/2019 dated 06.01.2024 on the file of the Senior Civil Judge and JMFC, Harihara, is hereby set-aside. (iii) Matter is remitted to the First Appellate Court for fresh disposal, in accordance with law after noting that respondent No.1 is no more and permitting the parties to bring the legal representatives on record. (iv) Parties shall appear before the First Appellate Court without further notice, positively on 15th September 2025. (v) Thereafter, learned Judge in the First Appellate Court shall dispose of the appeal as early as possible. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 58