- 1 - HC-KAR NC: 2025:KHC:35971 RSA No. 233 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 233 OF 2023 (PAR) BETWEEN: NARASAMMA W/O S M RUDRAPPA, HINDU, ADULT SINCE DIED DURING PENDENCY OF SUIT HER LRS WERE BROUGHT ON RECORD AS DEFENDANT NO 1A AND 1B HEREIN ARRAIGNED AS R2 AND R3 OTHER LRS VIZ., D2, 3 AND D7 WERE ALREADY ON RECORD AND HEREIN ARRAIGNED AS R-4, 5 AND 6 1. PUSHPA W/O B.V.D VENKATAPPA AGED 66 YEARS, PRESENTLY R/A NO 434/B 6TH CROSS, 7TH BLOCK, JAYANAGAR WEST BANGALORE - 560 070. 2. R PARIMALA W/O D LAKSHMINARAYANA AGED 64 YEARS, R/A 11/1,7 2ND FLOOR VENKATESHWARA NILAYA 1ST CROSS, BENDRE NAGAR NEAR KADIRENAHALLI UNDER PASS BANGALORE - 560 070. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35971 RSA No. 233 of 2023 3. S.R. MANJUNATH S/O S.M. RUDRAPPA, HINDU AGED 60 YEARS, 4. S.R. JANARDHAN S/O S.M. RUDRAPPA, AGED 57 YEARS, R/O NO 9/11, 7TH BLOCK JAYANAGAR, YEDIYUR BANGALORE - 560 011. 5. R. RAMANATHAN S/O LATE S.M. RUDRAPPA HINDU, ADULT, R/O NO. 9/11, 7TH BLOCK, JAYANAGAR, YEDIYUR, BANGALORE - 560 011. …APPELLANTS (BY SMT. TASKEEN KHANUM, ADVOCATE FOR SRI. S. GANESH SHENOY, ADVOCATE) AND: 1. VENKATALAKSHAMMA W/O LATE H RAMAKRISHNA, HINDU AGED 75 YEARS, R/A NO. 26, 3RD CROSS ROAD, NEHRU NAGAR SARAKKI GATE, BANGALORE - 560 078. GOWRAMMA W/O LATE S.M. HANUMANTHA SHETTY SINCE DECEASED DURING PENDENCY OF SUIT HER LRS D5 AND D6 WERE ALREADY ON RECORD HEREIN THEY ARE R7 AND R -8 - 3 - HC-KAR NC: 2025:KHC:35971 RSA No. 233 of 2023 2. SAMPANGI RAMU S/O LATE S.M. HANUMANTHA SHETTY, HINDU, ADULT, R/O NO 262/274 MAHADESWARA NAGAR, VISWANEEDAM POST MAGADI MAIN ROAD, BANGALORE - 560 091. 3. H SHIVASHANKAR S/O LATE S M HANUMANTHA SHETTY HINDU, ADULT, R/O SOMANAHALLI AND POST UTTARAHALLI HOBLI, KANAKAPURA ROAD BANGALORE SOUTH TALUK. 4. B. KRISHNAMURTHY S/O S V BADRA SHETTY HINDU, AGED 67 YEARS, NOW R/A NO. 2, 5TH CROSS, KANAKAPURA MAIN ROAD, NEAR MANJUNATHA CHOULTRY VAJRAHALLI, TALAGHATTAPURA POST, BANGALORE - 560 062. K R BNADRINARAYANA S/O K RAMALINGAM SINCE DECEASED DURING PENDENCY OF SUIT HIS LRS WERE BROUGHT ON RECORD AS D 9A TO D 9C HEREIN THEY ARE ARRAIGNED AS R 9 TO R 11 5. SABITHA NARAYAN W/O LATE K R BADRINARAYANA HINDU, AGED 57 YEARS, 6. TALLAM SMITHA KEDARANATH D/O LATE K.R. BADRINARAYANA HINDU, AGED 34 YEARS, - 4 - HC-KAR NC: 2025:KHC:35971 RSA No. 233 of 2023 7. RAGHAVENDRA K B S/O LATE K R BADRINARAYANA HINDU, AGED 31 YEARS, NO.5 TO 7 ARE R/A NO 33/1, N H S ROAD, V V PURAM BANGALORE - 560 004. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.10.2022 PASSED IN RA.No.55/2021 ON THE FILE OF THE VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 30.03.2021 PASSED IN OS No.1043/2005 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE BENGALURU, RURAL DISTRICT BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER A memo is filed by learned counsel for the appellants on 10.03.2025 for disposal. Memo reads as under: “The appellants above named submit as follows: 1. That the appellant had impugned the judgment and decree dated 19-10-2021 passed in RA No.55/2021 C/w RA No.54/2021 – the appellants herein being the appellants in RA No.55/2021. The judgment impugned in the above appeal – which was a common judgment, has been set aside by this Hon’ble Court by its judgment dated 11-08-2023 in RSA No.106/2022 remanding the case for fresh disposal by the First Appellate Court and as such the above appeal has become infructous. - 5 - HC-KAR NC: 2025:KHC:35971 RSA No. 233 of 2023 2. Furthermore, upon remand the 1st Appellate Court allowing the said Appeals RA No.55/2021 and RA No.54/2021 has set aside the judgment and decree of the Trial Court made in O.S.No.1043/2005 and in that dismissing the said suit with costs. 3. Being thus, the above appeal does not survive for consideration. 4. It is therefore prayed that the above appeal may kindly be disposed of having become infructous in the interest of justice.” Placing the memo on record, present appeal stands disposed of. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 14/CT: BHK