- 1 - HC-KAR NC: 2025:KHC:34001 RSA No. 156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 156 OF 2025 (DEC/INJ) BETWEEN: 1. SRI SHANKARA S/O LATE PUTTAPPA, AGED 46 YEARS, 2. SMT. SAKAMMA W/O LATE PUTTAPPA AGED ABOUT 65 YEARS 3. SRI. RAVI R.P. S/O LATE PUTTAPPA AGED ABOUT 44 YEARS 4. SMT. ASHARANI D/O LATE PUTTAPPA AGED ABOUT 42 YEARS 5. SRI. ERANNA S/O LATE PUTTAPPA AGED ABOUT 36 YEARS ALL ARE RESIDING AT AMACHAVADI, RAMANAHALLI VILLAGE, SAGARAKATTE POST, YELAWALA HOBLI MYSURU TALUK MYSURU DISTRICT - 571 127 …APPELLANTS (BY SRI. AJIT KALYAN, ADVOCATE) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34001 RSA No. 156 of 2025 AND: 1. SRI MADANAYAKA S/O. LATE HOWDANAYAKA AGED ABOUT 71 YEARS RESIDING AT AMACHAVADI, RAMANAHALLI VILLAGE, SAGARAKATTE POST, YELAWALA HOBLI MYSURU TALUK MYSURU DISTRICT - 571 127 2. SMT. CHOWDAMMA W/O MANTAIAH D/O LATE PAPANAIKA AGED ABOUT 70 YEARS, RESIDING AT CHANDAGALU VILLAGE, KASABA HOBLI, K.R. NAGAR TALUK, MYSURU DISTRICT - 571 405 3. SMT. PUTTAMMA W/O SIDDA D/O LATE PAPNAIKA AGED ABOUT 68 YEARS, RESIDING AT AMACHAVADI, RAMANAHALLI VILLAGE, SAGARAKATTE POST, YELAWALA HOBLI MYSURU TALUK MYSURU DISTRICT 571127 4. SMT. LAKSHMAMMA W/O MAADANAIKA D/O LATE PAPANAIKA AGED ABOUT 66 YEARS RESIDING AT AMACHAVADI, RAMANAHALLI VILLAGE, SAGARAKATTE POST, YELAWALA HOBLI - 3 - HC-KAR NC: 2025:KHC:34001 RSA No. 156 of 2025 MYSURU TALUK MYSURU DISTRICT - 571 127 5. SMT. MARAMMA W/O SWAMINAIKA AGED ABOUT 64 YEARS, RESIDING AT HEBBAL VILLAGE AND HOBLI, KR NAGAR TALUK MYSURU DISTRICT - 570 016 6. SRI. PUTTARAJU S/O LATE PAPANAIKA AGED ABOUT 60 YEARS RESIDING AT AMACHAVADI, RAMANAHALLI VILLAGE, SAGARAKATTE POST, YELAWALA HOBLI, MYSURU TALUK MYSURU DISTRICT 571127 *7. SRI GOWDA H.R.K S/O SRI VASU, AGED ABOUT 34 YEARS RESIDING AT P.HOSAHALLI GRAMA, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA …RESPONDENTS (BY SRI. C.M. NAGABHUSHAN, ADVOCATE SRI. CHANDRASHEKAR P.V., ADVOCATE FOR R1 SRI. M.N. UMASHNAKAR, ADVOCATE FOR R7) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 27.11.2024 PASSED IN RA.NO. 138/2024 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MYSURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 02.04.2024 PASSED IN OS.NO.1760/2015 (OLD NO.443/2015) ON THE FILE OF THE XII ADDITIONAL CIVIL JUDGE AND JMFC, MYSURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: *Inserted vide Court order dated 22.09.2025 - 4 - HC-KAR NC: 2025:KHC:34001 RSA No. 156 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT A memo with grant certificate is filed by learned counsel for the appellants. Copy is furnished to learned counsel for the respondents. 2. Heard Sri.Ajit Kalyan, learned counsel for the appellants and Sri.C.M.Nagabhushan, learned counsel appearing on behalf of Sri.P.V.Chandrashekar, learned counsel for respondent No.1 and Sri.M.N.Umashankar, learned counsel for respondent No.7. 3. Appeal can be disposed of on a short question as to whether non-impleading of the parties to the suit in the first appeal and rendering the judgment has resulted in entire judgment being vitiated or not? 4. Admittedly, all the parties to the suit are not impleaded before the First Appellate Court as parties to the appeal. Such an appeal is defective and judgment rendered in such an appeal is non-est. Therefore, impugned judgment - 5 - HC-KAR NC: 2025:KHC:34001 RSA No. 156 of 2025 needs to be set aside and matter is to be remitted to the First Appellate Court for fresh disposal in accordance with law. 5. Appellants in the First Appellate Court is directed to implead all the parties to the appeal including the alienee who is respondent No.7 before this Court and thereafter, appeal needs to be heard on merits. 6. Hence, the following: ORDER i. Appeal is allowed. ii. Impugned judgment passed in RA No.138/2024 dated 27.11.2024 on the file of III Additional Senior Civil Judge and CJM, Mysuru is set aside. iii. Matter is remitted to the First Appellate Court for fresh disposal in accordance with law after affording an opportunity for the appellants to implead all parties to the suit including the subsequent purchaser who is respondent No.7 before this Court. - 6 - HC-KAR NC: 2025:KHC:34001 RSA No. 156 of 2025 iv. Parties shall before the First Appellate Court without further notice on 23.09.2025. v. Thereafter, First Appellate Court shall hear the parties and dispose of the appeal as early as possible. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 61