- 1 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 988 OF 2016 (DEC/INJ) C/W REGULAR SECOND APPEAL NO. 989 OF 2016 IN RSA No. 988/2016 BETWEEN: 1. SMT PUTTAMMA W/O LATE NAGARAJU AGED ABOUT 48 YEARS 2. SRI. LOKESH DEAD BY HIS LRS SMT. SUNANDA W/O LATE LOKESH AGED ABOIUT 28 YEARS 3. REVANNAGOWDA @ PREETHAM L GOWDA S/O LATE LOKESH AGED ABOUT 09 YEARS, MINOR REP BY HIS MOTHER 4. SRI. RAGHU S/O LATE NAGARAJU AGED ABOUT 32 YEARS 5. SRI. PRASANNA S/O LATE NAGARAJU AGED ABOUT 30 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 APPELLANTS NO.1 TO 5 ARE R/AT JAI MARUTHINAGAR, CHANNARAYAPATNA TOWN PIN - 573 116. 6. SRI. SRIKANTA S/O LATE NANJEGOWDA AGED ABOUT 41 YEARS, RESIDING AT TANK STREET, CHANNARAYAPATNA TOWN PIN - 573 116. …APPELLANTS (BY SRI. GIREESHA R.J., ADVOCATE FOR SRI. H N M PRASAD, ADVOCATE VIDE ORDER DATED 16.10.2025, APPELLANTS NO.2 TO 5 ARE LRS OF APPELLANT NO.1) AND: 1. SRI C PUTTASWAMY GOWDA S/O LATE SHIVANANJEGOWDA SINCE DEAD REPRESENTED BY HIS LRS 1A. SMT. JAYAMMA W/O. LATE C.S. PUTTASWAMY GOWDA SINCE DEAD HER LEGAL HEIRS ALREADY ON RECORD AS R1(A) TO R1(B) 1B. SRI. C.M. ABINASH S/O. LATE MANJUNATH GRAND SON OF LATE C.S. PUTTASWAMY GOWDA AGED ABOUT 25 YEARS R1(B) TO R1(C) ARE R/AT JAI MARUTHINAGAR CHANNARAYAPATNA TOWN PIN - 573 116 1D. SRI. ANOOP S/O. RAMESH GRAND SON OF LATE C.S. PUTTASWAMY GOWDA - 3 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 AGED ABOUT 30 YEARS R/AT KOTE, JAI MARUTHINAGAR CHANNARYAPATNA TOWN PIN - 573 116 2. SRI. NARASIMHEGOWDA @ NAGARAJU S/O LATE SHIVANANJEGOWDA AGED ABOUT 66 YEARS SINCE DEAD REPRESENTED BY HIS LRS AS R5 TO R7 3. SRI. RAMESH S/O LATE CHANNEGOWDA AGED ABOUT 58 YEAS, 4. SRI. CHANDREGOWDA S/O LATE CHANNEGOWDA AGED ABOUT 46 YEARS, R1 TO R4 ARE RESIDING AT TANK STREET CHANNARAYAPATNA TOWN PIN - 573 116. 5. SMT. SHOBHA W/O NARASIMHEGOWDA @ NAGARAJU AGED ABOUT 48 YEARS, 6. SRI. RAMESH W/O NARASIMHEGOWDA @ NAGARAJU AGED ABOUT 36 YELARS R5 AND R6 ARE RESIDING AT JAI MARUTHINAGAR, CHANNARAYAPATNA TOWN PIN 573 116. 7. SRI. SHANKARA W/O NARASIMHEGOWDA @ NAGARAJU SINCE DEAD REPRESENTED BY HIS LRS. RESIDING AT JAI MARUTHINAGAR, CHANNARAYAPATNA TOWN PIN 573 116. - 4 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 7A. SMT. MAHALAKSHMI W/O. LATE SRI. SHANKARA AGED ABOUT 47 YEARS 7B. SRI. PRUTHVIRAJ S/O. LATE SRI. SHANKARA AGED ABOUT 24 YEARS 7C. SMT. ARCHANA D/O. LATE SRI. SHANKARA AGED ABOUT 23 YEARS R7(A) TO R7(C) ARE R/AT JAI MARUTHINAGAR CHANNARAYAPATNA TOWN PIN - 573 116 8. SMT. MANJULA W/O DHARMEGOWDA SINCE DECEASED REPRESENTED BY HER LRS 8A. SRI. AVINASH @ MANIKANTA M.D. S/O. LATE MANJULA AND DHARMEGOWDA AGED ABOUT 35 YEARS R/AT WARD NO.11 RANNAKAVI ROAD KUVEMPUNAGARA CHANNARAPATNA TOWN PIN - 573 116 ALSO AT: KAVYA CHICKEN CENTER CHICKEN MARKET CHANNARAYAPATNA TOWN PIN - 573 116 9. SMT. KANAKA W/O SUBBANNA SINCE DEAD BY LRS - 5 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 9A. SRI. SHABANNA S/O. LATE CHIKKATHIMMAIAH AGED ABOUT 55 YEARS 9B. SRI. KARTHIK S/O. SRI. SHABANNA AND LATE KANAKA AGED ABOUT 30 YEARS BOTH ARE R/AT WARD NO.19, GANESHNAGAR OLD GOWTHAM SCHOOL NEAR HOUSE OF COUNCIL NAGARAJA KAVYA CHICKEN CENTER CHICKEN MARKET CHANNARAYAPATNA TOWN PIN - 573 116. …RESPONDENTS (BY SRI. S. RAJASHEKAR, ADVOCATE FOR R1(A) SRI. K.R. NAGARAJA, ADVOCATE FOR R1(B) AND (C) R3 TO R6, R7(A) TO (C), R8(A), R9(A) AND (B) ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 07.11.2022, R5 TO R7 ARE TREATED AS LRS OF DECEASED R2 VIDE ORDER DATED 07.11.2022, A1, A3 AND A4 ARE TREATED AS LRS OF DECEASED R10) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.03.2015 PASSED IN NEW R.A.NO.210/2014 (OLD R.A.NO.62/2013)ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, CHANNARAYAPATNA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN O.S.NO.512/1998 ON THE FILE OF ADDL. CIVIL JUDGE, JMFC., CHANNARAYAPATNA. - 6 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 IN RSA NO. 989/2016 BETWEEN: 1. SMT PUTTAMMA W/O LATE NAGARAJU AGED ABOUT 50 YEARS 2A. SRI. LOKESH DEAD BY HIS LRS SMT. SUNANDA W/O LATE LOKESH AGED ABOUT 28 YEARS 2B. REVANNAGOWDA @ PREETHAM L GOWDA S/O LATE LOKESH AGED ABOUT 09 YEARS, MINOR REP BY HIS MOTHER APPELLANTS NO.2A AND 2B ARE R/AT JAI MARUTHINAGAR CHANNARAYAPATNA TOWN PIN - 573 116 3. SRI. RAGHU S/O LATE NAGARAJU AGED ABOUT 32 YEARS 5. SRI. PRASANNA S/O LATE NAGARAJU AGED ABOUT 30 YEARS APPELLANTS NO.4 AND 5 ARE R/AT JAI MARUTHINAGAR, CHANNARAYAPATNA TOWN PIN - 573 116. 6. SRI. SRIKANTA S/O LATE NANJEGOWDA AGED ABOUT 41 YEARS, RESIDING AT TANK STREET, CHANNARAYAPATNA TOWN - 573 116. ...APPELLANTS - 7 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 (BY SRI. GIREESHA R.J., ADVOCATE FOR SRI. H.N.M. PRASAD, ADVOCATE VIDE ORDER DATED 16.10.2025, APPELLANTS NO.2A AND 2B, APPELLANTS NO.3 AND 4 ARE LRS OF DECEASED APPELLANT NO.1) AND: 1. SRI C S PUTTASWAMY GOWDA S/O LATE SHIVANANJEGOWDA AGED ABOUT 63 YEARS, 2. SRI. NARASIMHEGOWDA @ NAGARAJU S/O LATE SHIVANANJEGOWDA AGED ABOUT 53 YEARS 3. SRI. RAMESH S/O LATE CHANNEGOWDA AGED ABOUT 53 YEAS, 4. SRI. CHANDREGOWDA S/O LATE CHANNEGOWDA AGED ABOUT 33 YEARS, R1 TO R4 ARE RESIDING AT TANK STREET CHANNARAYAPATNA TOWN PIN 573 116. 5. SMT. SHOBHA W/O NARASIMHEGOWDA @ NAGARAJU AGED ABOUT 48 YEARS, 6. SRI. RAMESH W/O NARASIMHEGOWDA @ NAGARAJU AGED ABOUT 48 YELARS 7. SRI. SHANKARA W/O NARASIMHEGOWDA @ NAGARAJU AGED ABOUT 32 YEARS R5 TO R7 ARE R/AT JAI MARUTHINAGAR, - 8 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 CHANNARAYAPATNA TOWN PIN 573 116. 8. SMT. MANJULA W/O DHARMEGOWDA AGED ABOUT 43 YEARS R/AT KUVEMPUNAGARA CHANNARAYAPATNA TOWN PIN.573116. 9. SMT. KANAKA W/O SUBBANNA AGED ABOUT 41 YEARS R/AT GOORNAHALLI EXTENSION CHANNARAYAPATNA TOWN PIN. 573116. 10. SRI. NAGARAJU S/O LATE NANJEGOWDA SINCE DEAD HIS LR S ...RESPONDENTS (BY SRI. K.R. NAGARAJA, ADVOCATE FOR R1(B) AND (C) R1(D), R1(E), R7(A) TO (C), R8(A), R9(A) AND (B) ARE SERVED AND UNREPRESENTED VIDE ORDER DATED 07.11.2022, R5 TO R7 ARE TREATED AS LRS OF DECEASED R2 VIDE ORDER DATED 07.11.2022, A1, A3 & A4 ARE TREATED AS LRS OF DECEASED R10 VIDE ORDER DATED 21.11.2023, R1(B) TO (E) ARE ARRAYED AS LRS OF R1(A)) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.12.2015 PASSED IN R.A.NO.40/2015 ON THE FILE OF SENIOR CIVIL JUDGE J.M.F.C., CHANNARAYAPATNA, DISMISSING THE APPEAL - 9 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.07.2013 PASSED IN O.S.NO.512/1998 ON THE FILE THE ADDL.CIVIL JUDGE J.M.F.C., CHANNARAYAPATNA. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT Both counsels are present. 2. Learned counsel for the appellants has filed a memo. The memo reads as under: "The undersigned counsel appearing for the appellants in the above case, most respectfully pray that this Hon'ble Court may please to dismiss the above appeal as withdrawn in light of amicable settlement between the parties in O.S No.66/2025 before Senior Civil Judge and JMFC, Channarayappa. Copy of the Final Decree drawn in O.S No.66/2025 is herewith produced for the kind perusal of this Hon'ble Court. Hence, the above appeal be dismissed as withdrawn in the ends of justice". 3. Memo is taken on record. - 10 - HC-KAR NC: 2025:KHC:52769 RSA No. 988 of 2016 C/W RSA No. 989 of 2016 4. In view of the above memo, the appeals are dismissed as withdrawn. Sd/- (DR.K.MANMADHA RAO) JUDGE VS CT-SG List No.: 1 Sl No.: 4