- 1 - HC-KAR NC: 2025:KHC:36024 RSA No. 165 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 165 OF 2021 (PAR) BETWEEN: 1. MAHADEVANAIKA SINCE DEAD BY HER LRS SIDDAMMA D/O MAHADEVANAIKA AGED ABOUT 38 YEARS, RESIDING AT AMMANAPURA VILLAGE CHAMARAJANAGAR TALUK PIN-571117 2. SHIVANNANAIKA S/O LATE MAHADEVANAIKA AGED ABOUT 35 YEARS, RESIDING AT JYOTHIGOWDANAPURA VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA TALUK PIN-571117 3. GOWRAMMA W/O MAHADEVANAIKA AGED ABOUT 33 YEARS, RESIDING AT JYOTHIGOWDANAPURA VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA TALUK PIN-571117 4. PUTTANANJAMMA W/O LATE MAHADEVANAIKA AGED ABOUT 68 YEARS, 1 TO 4 ARE RESIDING Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36024 RSA No. 165 of 2021 JYOTHIGOWDANAPURA VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA TALUK PIN-571117 …APPELLANTS (BY SRI. B V BADRINATH.,ADVOCATE) AND: 1. BANARANAIKA S/O LATE CHIKKARANGANAIKA AGED ABOUT 51 YEARS, RESIDING AT JYOTHIGOWDANAPURA VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA TALUK PIN-571117 2. NANJUNDANAIKA S/O LATE CHIKKARANGANAIKA AGED ABOUT 51 YEARS, RESIDING AT JYOTHIGOWDANAPURA VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA TALUK PIN-571117 3. NANJUNDANAIKA J C SINCE DEAD BY HIS LRS NANJUNDANAIKA S/O LATE NANJUNDANAIKA J C AGED ABOUT 33 YEARS, RESIDING AT JYOTHIGOWDANAPURA VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA DISTRICT PIN-571117 4. RAVI S/O LATE NANJUNDANAIKA J C AGED ABOUT 27 YEARS, RESIDING AT JYOTHIGOWDANAPURA VILLAGE CHANDAKAVADI HOBLI - 3 - HC-KAR NC: 2025:KHC:36024 RSA No. 165 of 2021 CHAMARAJANAGARA DISTRICT PIN-571117 5. MANIKANTA S/O LATE NANJUNDANAIKA J C AGED ABOUT YEARS, RESIDING AT JYOTHIGOWDANAPURA VILLAGE CHANDAKAVADI HOBLI CHAMARAJANAGARA DISTRICT PIN-571117 6. SHARADA W/O DEVARAJU D/O LATE NANJUNDANAIKA J C AGED ABOUT 29 YEARS, RESIDING AT PALYA VILLAGE KOLLEGALA TALUK CHMARAJANAGARA DISTRICT PIN-571117 …RESPONDENTS (BY SRI. P NATARAJU.,ADVOCATE FOR R1(A TO D) AND R2; R3, R4, R5 AND R6 ARE SERVED AND UNREPRESENTED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 22.11.2019 PASSED IN RA.NO.72/2017 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, CHAMARAJNAGARA, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 17.07.2017 PASSED IN OS.NO.256/2009 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) CHAMARAJANAGARA. THIS RSA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 4 - HC-KAR NC: 2025:KHC:36024 RSA No. 165 of 2021 ORAL JUDGMENT Heard Sri. B.V.Badrinath, learned counsel appearing for the appellants and Sri. P.Nataraju, learned counsel for respondent Nos.1(a to d) and 2. 2. The matter is listed for admission on the following substantial questions of law: “1. Does the first appellate court is justified in decreeing the suit of the respondents 1 and 2 without considering oral and documentary evidence? 2. Does the first appellate court is justified in decreeing the suit Item No.5 without considering E.X.D12 and D13 which are unchallenged and unrebutted by the respondents 1 and 2? 3. Does the first appellate Court is justified in decreeing the suit in the absence of non-joinder of necessary parties to the suit? 4. Does the first appellate court is justified in considering the scope of Section 6 (Amendment) Act of 2005 on the facts of the case in coming to the conclusion that the said Section is prospective and retroactive in operation necessitating for partition of the suit schedule properties?” 3. Taking note of the fact that the First Appellate Court has not assigned any reasons for concurring with the judgment of the Trial Court, especially when the share is - 5 - HC-KAR NC: 2025:KHC:36024 RSA No. 165 of 2021 granted based on the mutation entry alone, matter requires to be re-adjudicated by the First Appellate Court in the light of the contentions raised on behalf of the parties, especially with regard to the nature of property. 4. Sri. P.Nataraju, learned counsel for respondent Nos.1(a to d) and 2 fairly submits that the First Appellate Court has not recorded proper reasons in dismissing the appeal of defendants and therefore, matter be remitted to First Appellate Court for fresh disposal of the appeal in accordance with law. 5. In view of the above, without adverting to the merits of the substantial questions of law, following order is passed. ORDER i) The appeal is allowed. ii) The impugned judgment dated 22.11.2019 on the file of the learned Additional Senior - 6 - HC-KAR NC: 2025:KHC:36024 RSA No. 165 of 2021 Civil Judge and J.M.F.C., Chamarajanagara in RA.No.72/2017, is hereby set aside. iii) Matter is remitted to the First Appellate Court for fresh disposal in accordance with law. iv) Taking note of the fact that, the appeal is of the year 2017, appeal needs to be disposed as early as possible. v) In that regard, parties shall appear before the First Appellate Court without further notice on 26.09.2025. vi) The First Appellate Court shall dispose of the appeal as early as possible. Sd/- (V SRISHANANDA) JUDGE PHM List No.: 1 Sl No.: 35