- 1 - HC-KAR NC: 2025:KHC:40473 RSA No. 439 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 439 OF 2023 (PAR) BETWEEN: D S RAMALINGAIAH DEAD BY HIS LRS 1. SMT. SUSHEELAMMA W/O LATE D .S RAMALINGAIAH, AGED ABOUT 69 YEARS, (APPELLANT DIED LEAVING BEHIND THE APPELLANT 2 AND 3 WHO ARE ALREADY ON RECORD) 2. SRI. YATHEESHA S/O LATE D.S RAMALINGAIAH, AGED ABOUT 47 YEARS 3. SRI. RAJASHEKAR S/O LATE D.S RAMALINGAIAH, AGED ABOUT 63 YEARS, 4. SRI. CHANDRASEHKARAIAH D S S/O LATE SIDDALINGAPPA AGED ABOUT 63 YEARS, 5. KUM. D.S DEVIRAMMA D/O LATE SIDDALINGAPPA AGED ABOUT 57 YEARS, 6. SRI. NAGARAJU (NAMED AS NAGARAJA) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40473 RSA No. 439 of 2023 S/O LATE SIDDALINGAPPA AGED ABOUT 57 YEARS, ALL ARE R/AT DODDERI VILLAGE, BELLAVI HOBLI - 572 107 TUMAKURU TALUK TUMAKURU DISTRICT. …APPELLANTS (BY SRI. T. GOVINDA RAJA, ADVOCATE) AND: 1. SRI. D.S. DAMARUGENDRA S/O S. SHANMUKAIAH AGED ABOUT 30 YEARS, KUM. GANGAMBIKA D/O S SHANMUKAIAH AGED ABOUT 36 YEARS, DEAD BY LRS i.e., RESPONDENTS NO.1 AND 2 2. SRI. S SHANMUKHAIAH S/O LATE SIDDALINGAPPA AGED ABOUT 61 YEARS, D.S VAJRAPPA DEAD BY LRS 3. SMT. PARVATHAMMA W/O LATE D S VAJRAPPA AGED ABOUT 71 YEARS, 4. SMT. NIRMALA D/O LATE D.S VAJRAPPA AGED ABOUT 54 YEARS, 5. SRI. RENUKAPRASAD S/O LATE D.S. VAJRAPPA - 3 - HC-KAR NC: 2025:KHC:40473 RSA No. 439 of 2023 AGED ABOUT 49 YEARS, 6. SMT. SHASHIKALA D/O LATE D S VAJRAPPA AGED ABOUT 41 YEARS, 7. SRI. LOKESH S/O LATE D.S. VAJRAPPA AGED ABOUT 39 YEARS, SMT. RUDRAMMA W/O LATE SIDDALINGAPPA D S AGED ABOUT 86 YEARS, DEAD BY LRS THE APPELLANTS THE RESPONDENTS NO.1 TO 7 ARE RESIDENTS OF DODDERI VILLAGE, BELLAVI HOBLI - 572 107 TUMAKURU TALUK, TUMAKURU DISTRICT. 8. SMT. GANGAMMA W/O ALTE MARILINGAIAH AGED ABOUT 69 YEARS, R/AT M.M.A KAVAL VILLAGE, DODDERI KATTE INFRONT OF SUGUNA POULTRY FORM CHELURU HOBLI - 572 117 GUBBI TALUK, TUMAKURU DISTRICT. …RESPONDENTS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R1; SRI. PRABUGOUD B. TUMBAGI, ADVOCATE FOR R2; R3, R4, R5, R6 AND R7 SERVED; VIDE ORDER DATED 10.07.2024, SERVICE OF NOTICE TO R8 IS HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 30.10.2022 PASSED IN RA.No.149/2022 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT - 4 - HC-KAR NC: 2025:KHC:40473 RSA No. 439 of 2023 AND DECREE DATED 01.04.2022 PASSED IN OS No.266/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT R.S.A.No.439 of 2023 is filed against the dismissal of the appeal filed by the appellant in R.S.A.No.1616/2023 and there is no any counter claim made by the defendants/appellants in the said appeal. Hence, the question of filing one more appeal by the legal heirs of defendant No.1 and defendant Nos.2, 4 and 5 doesn't arise and hence, R.S.A.No.439/2023 is liable to be dismissed as not maintainable. Hence, the appeal is dismissed as not maintainable. Sd/- (H.P.SANDESH) JUDGE GJM List No.: 1