- 1 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.783 OF 2025 (PAR) C/W REGULAR SECOND APPEAL NO.1647 OF 2025 (PAR) IN RSA NO.783/2025: BETWEEN: 1. SMT. PARVATHAMMA D/O LATE VENKATARAVANAPPA W/O GOVINDAPPA AGED ABOUT 64 YEARS R/AT BYAPANAHALLI VILLAGE SUGATUR HOBLI KOLAR TALUK-563102. 2. SMT. SUSHEELAMMA D/O LATE VENKATARAVANAPPA W/O SRINIVASA AGED ABOUT 53 YEARS R/AT URIGILI VILLAGE SUGATUR HOBLI KOLAR TALUK-563102. …APPELLANTS (BY SRI. A. MADHUSUDHANA RAO., ADVOCATE) AND: 1. B.V. GOVINDA REDDY S/O LATE VENKATARAVANAPPA AGED ABOUT 76 YEARS SRI. B.V. NARAYANA REDDY SINCE DEAD BY LR'S Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 2. SMT. NARAYANAMMA W/O LATE B.V. NARAYANAREDDY AGED ABOUT 66 YEARS 3. SMT. B.N.RENUKA D/O LATE. B.V. NARAYANAREDDY AGED ABOUT 42 YEARS 4. SMT. B.N.SWATHI D/O LATE. B.V. NARAYANAREDDY AGED ABOUT 31 YEARS 5. SMT. SONAMMA W/O LATE SRERAMAREDDY AGED ABOUT 75 YEARS SINCE DEAD BY HER LRS ARE ALREADY ON RECORD AS RESPONDENT NOS.9 TO 11 6. SRI. B.V.SUBBARAYAREDDY S/O LATE VENKATARAVANAPPA AGED ABOUT 62 YEARS 7. SRI. B.V.NAGARAJA REDDY S/O LATE VENKATARAVANAPPA AGED ABOUT 60 YEARS 8. SRI. B.V.KRISHNAREDDY S/O LATE VENKATARAVANAPPA AGED ABOUT 56 YEARS RESPONDENTS 1 TO 8 ARE ALL R/AT BALAGERE VILLAGE, SUGATUR HOBLI-563125. 9. SMT. INDIRAMMA D/O LATE SREERAMAPPA W/O NAGARAJ AGED ABOUT 54 YEARS R/AT GUMMALAPURA VILLAGE KASABA HOBLI, MULBAGUL TALUK. - 3 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 10. SMT. SAVITHA D/O LATE SREERAMAPPA W/O M.R.NARENDRA BABU AGED ABOUT 52 YEARS R/AT MADANAHALLI VILLAGE SUGATUR HOBLI KOLAR TALUK-563102. 11. SRI. KESHAVA REDDY S/O LATE SREERAMAPPA AGED ABOUT 50 YEARS SUGATUR HOBLI KOLAR TALUK-563125. 12. SRI. B. GOPAL S/O LATE BASAPPA AGED ABOUT 86 YEARS R/AT ALAPPANAHALLI VILLAGE KASABA HOBLI, HOSKOTE TALUK BENGALURU RURAL DISTRICT-562129. 13. SMT. SAROJAMMA D/O NARAYANAPPA AGED ABOUT 63 YEARS BALAGERE VILLAGE SUGATUR HOBLI, KOLAR TALUK-563125. 14. SRI. P. MUISHAMI S/O POOJAPPA AGED ABOUT 80 YEARS R/AT SADARMANGALA VILLAGE KADUGODI POST, BENGALURU-560067. …RESPONDENTS (BY SRI. MANJUNATHA R.S., ADVOCATE FOR R1 TO R4 AND R6 TO R11; SRI. M. NARAYANAPPA, ADVOCATE FOR R12, R13 & R14; VIDE ORDER DATED 04.08.2025 R9 TO R11 ARE LRS OF DECEASED OF R5) - 4 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 4.02.2025 PASSED IN R.A.NO.141/2019 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND CJM, KOLAR., DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.09.2019 PASSED IN O.S.NO.700/2010 ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, KOLAR AND ETC. IN RSA NO.1647/2025: BETWEEN: 1. SMT. NARAYANAMMA AGED ABOUT 66 YEARS, W/O LATE B.V.NARAYANAREDDY. 2. SMT. B.N.RENUKA, AGED ABOUT 41 YEARS, D/O LATE B.V.NARAYANAREDDY. 3. SMT. B.N.SWATHI, AGED ABOUT 31 YEARS, D/O LATE B.V.NARAYANAREDDY, APPELLANTS 1 TO 3 ARE RESIDING AT BALAGERE VILLAGE, SUGUTUR HOBLI, KOLAR TALUK, KOLAR DISTRICT-563102. ...APPELLANTS (BY SRI. PRASANNA KUMAR S., ADVOCATE) AND: 1. SMT. PARVATHAMMA AGED ABOUT 64 YEARS, D/O LATE VENKATARAVANAPPA, W/O GOVINDAPPA, 2. SMT. SUSHEELAMMA AGED ABOUT 53 YEARS. - 5 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 D/O LATE VENKATARAVANAPPA. W/O C.SRINIVASA. RESPONDENTS 1 AND 2 ARE URIGILI VILLAGE, SUGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT-563102. 3. SRI. B.V. GOVINDAREDDY. AGED ABOUT 76 YEARS. S/O LATE VENKATARAVANAPPA 4. SMT. SONNAMMA, W/O LATE SRIRAMAREDDY DEAD BY HER LRS RESPONDENTS 7 TO 9 HEREIN SRI. B.V.SUBBARAYA REDDY S/O LATE VENKATARAVANAPPA, AGED ABOUT 61 YEARS. 5. SRI. B.V.NAGARAJA REDDY. AGED ABOUT 59 YEARS. RESIDING AT BALAGERE VILLAGE, 6. SRI. B.V.KRISHNA REDDY. S/O LATE VENKATARAVANAPPA, AGED ABOUT 56 YEARS, RESPONDENTS 4 TO 6 ARE RESIDING AT BALAGERE VILLAGE, SUGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT-563102. 7. SMT. INDIRAMMA, D/O LATE SREERAMAPPA. W/O NAGARAJ AGED ABOUT 54 YEARS R/AT GUMMALAPURA VILLAGE KASABA HOBLI, MULABAGAL TALUK, KOLAR DISTRICT. - 6 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 8. SMT. SAVITHA. D/O LATE SREERAMAPPA, W/O M.R.NARENDARABABU AGED ABOUT 51 YEARS, R/AT MADANAHALLI VILLAGE SUGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT-563102. 9. SRI. KESHAVA REDDY S/O LATE SREERAMAPPA AGED ABOUT 50 YEARS, R/AT BALAGERE VILLAGE SUGATUR HOBLI, KOLAR TALUK, KOLAR DISTRICT -563102. 10. SRI. B. GOPAL, S/O LATE BASAPPA, AGED ABOUT 85 YEARS R/AT ALAPPANAHALLI VILLAGE KASABA HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. 11. SMT. SAROJAMMA D/O NARAYANAPPA AGED ABOUT 63 YEARS R/AT BALAGERE VILLAGE, SUGATUR HOBLI, KOLAR TALUK KOLAR TALUK. 12. SRI. P. MUNISHAMI. S/O POOJAPPA. AGED ABOUT 80 YEARS, R/AT SADARAMANGALA VILLAGE. KADUGODI POST, BENGALURU. ...RESPONDENTS (BY SRI. A. MADHUSUDHAN RAO, ADVOCATE FOR R1 & R2; SRI. R.S.MANJUNATH, ADVOCATE FOR R3 TO R9; SRI. M. NARAYANAPPA, ADVOCATE FOR R10 TO R12) - 7 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGEMENT AND DECREE DATED 04.02.2025 PASSED IN R.A.NO.138/2019 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, KOLAR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 18.09.2019 PASSED IN O.S.NO.700/2010 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, KOLAR AND ETC. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel appearing for the respective parties submit that two appeals are filed i.e., in R.A.Nos.138/2019 and 141/2019 being aggrieved by the granting of share in respect of some of the properties and also dismissal of the suit in respect of some of the properties. Both the appeals are independently considered by the First Appellate Court by the very same Presiding Officer but the said appeals were ought to have been taken up together. The counsel further submit that when application under Order 41 Rule 27 of CPC was filed in both the appeals, the same were not considered and in the judgment of both the appeals, there is no point for consideration in respect of the applications filed under Order 41 Rule 27 of CPC. The First Appellate Court ought to have - 8 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 considered the said applications to comes to know that whether additional evidences are required for consideration of the issues involved between the parties with regard to the germane issues but the same was not considered. When such being the case, the matter requires to be reconsidered by the First Appellate Court considering both the appeals together and decide the applications filed under Order 41 Rule 27 of CPC in both the appeals to comes to know that whether those additional documents are necessary for the consideration of the appeals or not. With this observation, the appeals are allowed. 2. In view of the discussions made above, I pass the following: ORDER Both the second appeals are allowed. The impugned judgment passed by the First Appellate Court in both the appeals are set aside and the matter is remitted back to the First Appellate Court to consider the same afresh including the applications which are filed before it under - 9 - HC-KAR NC: 2025:KHC:47999 RSA No. 783 of 2025 C/W RSA No. 1647 of 2025 Order 41 Rule 27 of CPC and any other applications which are pending. The suit is of the year 2010. Already 1½ decades has been elapsed. Hence, First Appellate Court is directed to dispose of the appeals within 6 months from 19.12.2025. The parties are directed to appear before the First Appellate Court without expecting any notice from it on 19.12.2025. The registry is directed to send the records to the First Appellate Court to enable the Appellate Court to take up the matter on 19.12.2025 without fail. The respective parties and counsels are also directed to assist the First Appellate Court in disposal of the Appeals within time. Sd/- (H.P.SANDESH) JUDGE SN List No.: 1 Sl No.: 41