- 1 - HC-KAR NC: 2025:KHC:32219 RSA No. 571 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.571 OF 2024 (DEC/INJ) BETWEEN: SRI BASAPPA S/O CHANNIGARAMAIAH, AGED ABOUT 75 YEASR, RESIDING AT YALIYUR VILLAGE, KASABA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 137. …APPELLANT (BY SRI GANESH BHAT FOR SRI SATISH K, ADVOCATES) AND: SRI THIMMAIAH DEAD REPRESENTED BY HIS LRS., SMT. SANNATHIMMAKKA, DEAD, REPRESENTED BY RESPONDENT NO.2 AND 3 1. SMT. JAYAMMA, W/O. MALLESHAPPA, AGED ABOUT 53 YEARS, 2. SRI. RANGANATHAPPA S/O. THIMMAIAH, AGED ABOUT 43 YEARS, 3. SRI. GANGADHARA S/O. THIMMAIAH, AGED ABOUT 40 YEARS, ALL ARE RESIDING AT Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32219 RSA No. 571 of 2024 KADAVIGERE VILLAGE, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT. 4. SRI. LAKSHMAIAH S/O LATE MUDDAHANUMAIAH, AGED ABOUT 69 YEARS, RESIDING AT YALIYUR VILLAGE, KASABA HOBLI, SIRA TALUK, TUMKUR DISTRICT-572 137. …RESPONDENTS (BY SRI VIVEK S, ADVOCATE FOR R1 TO R3; SMT.B.P.RADHA, ADVOCATE FOR R4) THIS RSA IS FILED UNDER SECTION 100 OF CIVIL PROCEDURE CODE, AGAINST THE JUDGMENT AND DECREE DATED 19.08.2022 PASSED IN RA.NOs.154/2021 c/w RA.2/2022 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, RA 154/2021 IS ALLOWING THE APPEAL AND RA 2/2022 IS DISMISSING THE APPEAL FILED AGAINST THE JUDGMENT AND DECREE DATED 14.09.2021 PASSED IN O.S.NO.223/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SIRA. 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:32219 RSA No. 571 of 2024 ORAL JUDGMENT Heard Sri Ganesh Bhat, appearing on behalf of Sri Satish K., counsel for the appellant, Sri Vivek S, learned counsel for respondent Nos.1 to 3 and Smt. B.P. Radha, learned counsel for respondent No.4. 2. A single appeal is filed challenging the common judgment passed in R.A.No.154/2021 and R.A.No.2/2022. Such an appeal is not maintainable. Accordingly, the following: ORDER (i) Regular Second Appeal is dismissed. (ii) However, dismissal of the present second appeal shall not come in the way of the appellant to file separate appeal/s, if it is in time in accordance with law. (iii) Office to return the certified copies after retaining the photo copies. Sd/- (V SRISHANANDA) JUDGE MR