- 1 - HC-KAR NC: 2025:KHC:35144 RSA No. 237 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 237 OF 2023 (PAR) BETWEEN: 1. SMT MANJULA W/O LATE SRINVIASA AGED ABOUT 55 YEARS OCCUPATION: HOUSEWIFE 2. SRI. SHIVAKUMAR S/O LATE SRINIVASA AGED ABOUT 38 YEARS OCCUPATION: AGRICULTURIST 3. SRI RAJU S/O LATE SRINIVASA AGED ABOUT 36 YEARS OCCUPATION: AGRICULTURIST APPELLANTS ARE RESIDING AT: MANCHADEVANAHALLI VILLAGE KASABA HOBLI PERIYAPATNA TALUK 571 107 …APPELLANTS (BY SRI. KUMBAR VASANT FAKEERAPPA, ADVOCATE) AND: 1. SMT PADMA D/O LATE JAVAREGOWDA W/O C V DEVDAS AGED ABOUT 61 YEARS OCCUPATION: HOUSEWIFE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35144 RSA No. 237 of 2023 RESIDING AT: CHANDAGALU VILLAGE HEBBALU HOBLI K R NAGARA TALUK 571 602 2. SRI J VENKATESHA S/O LATE JAVAREGOWDA AGED ABOUT 67 YEARS OCCUPATION: AGRICULTURIST RESIDING AT MANCHADEVANAHALLI VILLAGE KASABA HOBLI, PERIYAPATNA TALUK- 571 107 3. SMT LALITHA D/O LATE JAVARE GOWDA, W/O KRISHNEGOWDA, OCCUPATION HOUSEWIFE, AGED ABOUT 63 YEARS, RESIDING AT: HUNASAVADI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK- 571 107. …RESPONDENTS (BY SRI. SHARATH S GOWDA., ADVOCATE FOR C/R1) *** THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 02.11.2022 PASSED IN RA.No.14/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE PERIYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.02.2022 PASSED IN OS No.243/2014 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, PERIYAPATNA. THIS RSA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:35144 RSA No. 237 of 2023 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri.V.F. Kumbar, learned counsel for appellants/defendants No.2 to 4 and Sri. Sharath S. Gowda, learned counsel for caveator/respondent No.1/plaintiff. 2. Defendants No.2 to 4 are the appellants in this second appeal, challenging the validity of judgment and decree passed in O.S.No.243/2014, confirmed in R.A.No.14/2022. 3. At the outset, Sri.V.F. Kumbar, learned counsel for appellants would submit that, another suit in O.S.No.12/2023 is pending on the file of the Senior Civil Judge and JMFC at Periyapatna in respect of the same suit properties. 4. He submits that Defendants 2 to 4 have already filed written statement and they may be permitted to - 4 - HC-KAR NC: 2025:KHC:35144 RSA No. 237 of 2023 pursue their rights in the said suit as well and with that liberty, the appeal can be disposed of. 5. Sri. Sharath S. Gowda, learned counsel for the respondent No.1/plaintiff submits that the findings recorded by the Trial Court as well as the first appellate Court shall not affect the rights of the plaintiff in the pending suit and with that further observation, the appeal can be disposed of. 6. Having heard the parties, this Court is of the considered opinion that the appeal can be disposed of by observing that the findings recorded in favour of the plaintiff shall not be re-adjudicated in the suit now pending in O.S.No.12/2023 or any other suit. 7. With the aforesaid observation, the appeal stands disposed of. Sd/- (V SRISHANANDA) JUDGE BMV* List No.: 1 Sl No.: 47