- 1 - HC-KAR NC: 2025:KHC:35946 RSA No. 800 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 800 OF 2021 (INJ) BETWEEN: SMT.THRIVENI R W/O R. NAGARAJ, AGED ABOUT 47 YEARS, R/AT NO.2362, 4TH CROSS, 1ST MAIN ROAD, KANTHARAJA URS ROAD, MYSURU CITY - 570 001. &APPELLANT (BY SRI. NANJUNDA SWAMY N., ADVOCATE) AND: SRI. M. MADAPPA S/O. K.P. MADAIAH, AGED ABOUT 61 YEARS, NOW R/AT NO.671/A, 13TH MAIN ROAD, T.K. LAYOUT, MYSURU CITY. &RESPONDENT (BY SRI. SHARATH S. GOWDA, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 R/W ORDER XLII RULE II OF CPC AGAINST THE JUDGMENT AND DECREE DATED 12.03.2021 PASSED IN RA.No.270/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.12.2019 PASSED IN OS No.569/2014 ON THE FILE OF THE IV ADDITIONAL I CIVIL JUDGE AND JMFC, MYSURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35946 RSA No. 800 of 2021 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Unsuccessful plaintiff is the appellant challenging the validity of the dismissal of suit in O.S. No.569/2014 confirmed in R.A.No.270/2020. 2. At the outset, Sri. Nanjunda Swamy N., learned counsel for the appellant would submit that defendant has sold the property in favour of the third party and third party has already put up construction over the suit property and therefore suit has practically become infructuous and plaintiff may be permitted to initiate appropriate proceedings in accordance with law. 3. Placing the submission on record, appeal stands dismissed with liberty to file appropriate proceedings in accordance with law. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 54 ct:BHK