- 1 - HC-KAR NC: 2025:KHC:32145 RSA No. 944 of 2022 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. 944 OF 2022 (INJ) BETWEEN: MR. G. MUNIKRISHNAPPA AGED ABOUT 70 YEARS S/O LATE G. GANGAPPA RESIDING AT GATTAKAMADHENAHALLI VILLAGE ROBERTSON PET HOBLI, K.G.F TALUK. …APPELLANT (BY SRI. PRANAV T.M, ADVOCATE FOR SRI. B.R. VISHWANATH, ADVOCATE) AND: SRI. K.R. LAKSHMINARAYANA AGED ABOUT 68 YEARS S/O O.M. RAMAKRISHNAPPA R/AT GATTAKAMADENAHALLI VILLAGE, ROBERTSONPET HOBLI, K.G.F TALUK. …RESPONDENT (BY SRI. CHOKKAREDDY, ADVOCATE) THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 22.02.2022 PASSED IN RA.NO.216/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE, KOLAR AND C/C III ADDITIONAL DISTRICT JUDGE, KOLAR (SITTING AT K.G.F) ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 16.09.2019 PASSED IN OS No.160/2010 ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, K.G.F. 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:32145 RSA No. 944 of 2022 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT After hearing the parties, a memo is filed by learned counsel for the appellant. For the sake of certainty, contents of the memo are extracted hereunder: “1. The wife of Appellant Smt. Parvathamma being the daughter of O.M.Gangappa had filed a Suit for partition against the Respondent Sri Lakshminarayan S/o O.M.Ramakrishnappa and others who is none other than the brother of O.M.Gangappa. The said suit O.S.NO.456/2013 was dismissed by Hon'ble 3rd Addl Civil City Judge KGF by a Judgment and Decree dated 19-06-2024. 2. The said Smt. Parvathamma has preferred an Appeal in RA.NO.157/2024 before the Hon'ble Senior Civil Judge at KGF. The same is pending. The suit Schedule properties which are the subject matter of this Appeal are also the properties in respect of which the partition is prayed for. Wherefore it is prayed that this Hon'ble Court be Pleased to pass an order holding that the rights of parties shall be subject to the adjudication of rights of parties in the said partition suit/Appeal RA.NO 157/2024 in the interest of justice and equity.” - 3 - HC-KAR NC: 2025:KHC:32145 RSA No. 944 of 2022 2. Placing the memo on record, present Regular Second Appeal stands disposed of by observing that decree which is the subject matter of the present second appeal is subject to the result of RA No.157/2024. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 42 CT: BHK