- 1 - HC-KAR NC: 2025:KHC:33015 RSA No. 160 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL No.160 OF 2021 (INJ) BETWEEN: 1. NARAYANAPPA S/O LATE CHOWDAHUCHAIAH, DIED REPT. BY HIS LRs. 1(a) SMT.NARASAMMA W/O NARAYANAPPA AGED ABOUT 60 YEARS 1(b) SMT.MANGALA GOWRI D/O NARAYANAPPA AGED ABOUT 45 YEARS 1(c) SRI MANJUNATHA S/O NARAYANAPPA AGED ABOUT 39 YEARS 1(d) SMT.MAMATHA KUMARI D/O NARAYANAPPA AGED ABOUT 33 YEARS LR’s 1(a) to 1(d) RESIDING AT NO.34, 7TH MAIN ROAD K.N.EXNTENSION YESHWANTHPURA BENGALURU- 560 022. 2. SMT. MANGALAMMA W/O. VENKATESHAPPA, AGED ABOUT 60 YEARS R/AT VENKATAPPANAPALYA VILLAGE, Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33015 RSA No. 160 of 2021 H/O AREKYATHANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK 3. SMT. THIMMAKKA W/O. RANGASWAMAIAH, AGED ABOUT 58 YEARS R/AT NO.77, 7TH CROSS 6TH MAIN, YESHAWANTHPURA, BANGALORE -22 4. SRI. CHALUVARAJU S/O. LATE CHIKKANNA, AGED ABOUT 60 YEARS R/AT NO. 3631, TALUK OFFICE ROAD, KACHERI PALYA, 20TH DIVISION, DODDABALLAPURA TOWN, BANGALORE RURAL DISTRICT 5. SRI. NAGARAJU S/O LATE CHIKKANNA, AGED ABOUT 42 YEARS R/AT NO. 3631, TALUK OFFICE ROAD, KACHERI PALYA, 20TH DIVISION, DODDABALLAPURA TOWN, BANGALORE RURAL DISTRICT 6. SRI. VENKATAGIRAIAH S/O. LATE CHOWDAHUCHAIAH, AGED ABOUT 70 YEARS 7. GIRIYAPPA S/O LATE CHOWDAHUCHAIAH, AGED ABOUT 78 YEARS 8. SRI. HUCHAIAH S/O LATE CHOWDAHUCHAIAH, AGED ABOUT 67 YEARS - 3 - HC-KAR NC: 2025:KHC:33015 RSA No. 160 of 2021 9. SRI. RAMAIAH S/O LATE. CHOWDAHUCHAIAH, AGED ABOUT 57 YEARS 10. SMT. JAYAMMA D/O LATE CHOWDAHUCHAIAH, AGED ABOUT 66 YEARS 11. SRI. HANUMATHARAYAPPA S/O LATE CHOWDAHUCHAIAH, AGED ABOUT 64 YEARS ALL ARE RESIDING AT DASEGOWDANAPALYA VILLAGE, HAMLET OF NAGANAHALLI VILLAGE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT -562 127 …APPELLANTS (BY SRI M.YOGESH FOR SRI. MANJUNATHA V, ADVOCATES) AND: SRI RANGASWAMY S/O LATE SANNAPILLAIAH, AGED ABOUT 62 YEARS R/AT DASEGOWDANAPALYA VILLAGE, H/O NAGANAHALLI VILLAGE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT-562 127, …RESPONDENT (BY SRI SARAVANA S, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE JUDGMENT AND DECREE DATED 28.10.2019 PASSED IN RA.No.13/2014 (OLD No.136/2007) ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MAGADI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 24.09.2007 PASSED IN OS.No.267/2000 ON THE FILE OF THE CIVIL JUDGE (JR.DN) AND JMFC, MAGADI. - 4 - HC-KAR NC: 2025:KHC:33015 RSA No. 160 of 2021 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellants filed a memo, which reads as under: “The undersigned counsel for the appellants is herewith submits that the appellants have preferred suit for declaration against the respondent with regard to some suit schedule property in O.S.No.322/2012 before the Hon’ble Principal Civil Jude and JMFC, Magadi. The same may be taken on record and necessary orders may be passed in the interest of justice and equity.” 2. Placing the memo on record, appeal stands dismissed. 3. However, the judgment and decree which is subject matter of this appeal is to be treated as subservient to the judgment and decree to be passed in O.S.No.322/2012 which is a comprehensive suit. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 43