- 1 - HC-KAR NC: 2025:KHC:37756 RSA No. 1619 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1619 OF 2021 (PAR) BETWEEN: KOORLAPPA SINCE DEAD BY HIS LRS 1. SMT JAYAMMA W/O LATE KOORLAPPA AGED ABOUT 65 YEARS 2. SRI K ANAND S/O LATE KOORLAPPA AGED ABOUT 40 YEARS BOTH THE APPELLANTS ARE R/A DEVANAHALLI VILLAGE UGANAVADI POST, KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. …APPELLANTS (BY SRI. T.R. RAMESH, ADVOCATE) AND: MARAPPA SINCE DEAD BY LRS 1. SRI REDDAPPA S/O LATE MARAPPA AGED ABOUT 52 YEARS Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37756 RSA No. 1619 of 2021 2. SRI ANJINAPPA S/O LATE MARAPPA AGED ABOUT 52 YEARS 3. SRI NANJAPPA @ NARESH RAJU S/O LATE MARAPPA AGED ABOUT 49 YEARS RESPONDENT 1 TO 3 ARE R/AT YERRAPPANAHALLI VILLAGE DODDAGUBBI POST BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU - 562 149 REP BY SRI. M.A. POOVAIAH 4. SRI CHANNAPPA S/O LATE REDDAPPA AGED ABOUT 84 YEARS 5. SRI PATALAPPA S/O CHANNAPPA AGED ABOUT 49 YEARS BOTH ARE R/AT KANNUR VILLAGE AND POST BIDARAHALLI HOBLI BENGALURU SOUTH EAST TALUK - 562 149 6. SMT CHANNAMMA W/O LATE DODDA HEMANNA AGED ABOUT 73 YEARS - 3 - HC-KAR NC: 2025:KHC:37756 RSA No. 1619 of 2021 7. SRI NARAYANA S/O LATE DODDA HEMANNA AGED ABOUT 51 YEARS 8. SRI CHANNAKRISHNA S/O LATE DODDA HEMANNA AGED ABOUT 48 YEARS RESPONDENT 3 TO 8 ARE ALL R/AT C/O K.S. MALLAIAH NO.438 7TH CROSS 10TH MAIN HENNUR CROSS LAYOUT BANGALORE - 560 084 SMT RAJAMMA W/O LATE CHIKKA HENNUR (DEAD) 9. SRI ERE GOWDA S/O LATE CHIKKA HEMANNA AGED ABOUT 52 YEARS 10. SRI MUNINARAYANA S/O LATE CHIKKA HEMANNA AGED ABOUT 50 YEARS 11. SRI NANJEGOWDA S/O LATE CHIKKA HEMANNA AGED ABOUT 48 YEARS 12. SRI MANJUNATH S/O LATE CHIKKA HEMANNA AGED ABOUT 45 YEARS RESPONDENTS 8 TO 11 ARE ALL R/AT KANNUR VILLAGE AND POST - 4 - HC-KAR NC: 2025:KHC:37756 RSA No. 1619 of 2021 BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU - 562 149 13. SRI ERAPPA S/O LATE ERAPPA AGED ABOUT 79 YEARS R/O KANNUR VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK BANGALORE - 562 149 14. SRI KENCHAPPA (2ND WIFE S SON) S/O LATE ERAPPA AGED ABOUT 60 YEARS R/O KANNUR VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK BANGALORE - 562 149 KRISNAPPA SINCE DEAD BY LRS. 15. SRI VEERACHANAPPA S/O LATE KRISHNAPPA AGED ABOUT 60 YEARS 16. CHANNEGOWDA S/O LATE KRISHNAPPA AGED ABOUT 55 YEARS 17. SRI RAMABHADRAPPA S/O LATE KRISHNAPPA AGED ABOUT 53 YEARS - 5 - HC-KAR NC: 2025:KHC:37756 RSA No. 1619 of 2021 18. SRI RAJANNA S/O LATE KRISHNAPPA AGED ABOUT 50 YEARS ESPONDENTS 14 TO 17 ARE ALL R/AT GALOBILI KOTE VILLAGE HANABA POST DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK - 561 203. …RESPONDENTS THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 02.11.2020 PASSED IN RA NO.178/2015 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 26.09.2015 PASSED IN OS NO.115/1996 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, BANGALORE RURAL DISTRICT, BANGALORE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri. T.R. Ramesh for Sri. Chandraiah, learned counsel for the appellant. - 6 - HC-KAR NC: 2025:KHC:37756 RSA No. 1619 of 2021 2. Office has raised objections in the present appeal of defendants No.12 and 13 who did not challenge the decree of the Trial Court nor filed any Cross Appeal or Cross Objections in the appeal filed by the plaintiff before the First Appellate Court whereas other defendants have already approached the First Appellate Court and got adjudicated their rights. Therefore how the present second appeal is maintainable. 3. Sri. T.R. Ramesh contended that in respect of the judgement passed by the First Appellate Court, already two appeals are filed which are pending before this Court and therefore present appeal is also to be admitted and tagged along with those appears. 4. Having hard the submissions made on behalf of the counsel for the appellants, this Court perused the material on record meticulously. 5. On such perusal, admittedly the appellant have not challenged the decree of the Trial Court before the - 7 - HC-KAR NC: 2025:KHC:37756 RSA No. 1619 of 2021 First Appellate Court either by filing a separate appeal or Cross Objections nor joined the other defendants or plaintiff pursuing their interest. 6. When no adjudication with regard to the claim of the present appellants have not taken place before the First Appellate Court, a second appeal by the appellant is thus not maintainable. 7. Hence office objections upheld. At this stage, a memo came to be filed which reads as under : ”The Advocate for Appellant submit against the judgment and Decree. Plaintiff and defendants filed RSA No.1555/2021 and RSA No.1553/2021. Same may be pending consideration the Appellant may be permit to contest the above pending appeal in the ends of justice." 8. Placing the memo on record, the present appeal needs to be dismissed and appellants be permitted to work out their remedy in the pending appeals in accordance with law. - 8 - HC-KAR NC: 2025:KHC:37756 RSA No. 1619 of 2021 9. Hence following Order : ORDER Appeal is dismissed as not maintainable. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 4 CT: BHK