- 1 - HC-KAR NC: 2025:KHC:30154 RSA No. 176 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO.176 OF 2021 (PAR) BETWEEN: SMT. NAGAMMA W/O NARASAPPA AGED ABOUT 66 YEARS R/AT GIRIYANPALYA SOMPURA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN-562111 …APPELLANT (BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE) AND: SMT. MUTHAMMA W/O LATE GIRIGOWDA AGED ABOUT 76 YEARS R/AT KAVERIPURA NO.HOUSE NO.24, 6TH CROSS, 2ND MAIN ROAD KAMAKSHIPALYA, BENGALURU-560 079 NOW R/AT No.213 RAMAMANDIR ROAD KAMAKSHIPALYA BENGALURU-560 079 …RESPONDENT (BY SRI RANGANATHAPPA K, ADVOCATE FOR R1; SRI GOVINDARAJ K. JOISA FOR SRI RAJESH SHETTIGAR, ADVOCATES FOR IMPLEADING R2) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30154 RSA No. 176 of 2021 THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 07.09.2020 PASSED IN R.A.NO.61/2019 ON THE FILE OF THE VI ADDL. DISTRICT JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 23.02.2019 PASSED IN O.S.NO.1779/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE, NELAMANGALA. 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 G. Balakrishna Shastry, learned counsel for the appellant. Sri Govindaraj K. Joisa for Sri Rajesh Shettigar, learned counsel for impleading respondent No.2 is present. 2. Impleading applicant claims the right in respect of the suit property as legatee under the Will. This Court in the second appeal cannot hold an enquiry in that regard to find out whether the impleading applicant who is claiming to come on record as respondent No.2, on the basis of a Will said to have been examined by deceased sole respondent, having regard to the scope of the second appeal. - 3 - HC-KAR NC: 2025:KHC:30154 RSA No. 176 of 2021 3. Further, if the proposed respondent No.2 who is applicant in I.A.No.1/2023, having any independent interest, applicant shall have to work out the same in a duly constituted suit. 4. For the purpose of present appeal, since the sole respondent is no more, who died issueless without leaving any legal representatives, the appeal is to be closed holding that if the impleading applicant establishes the right in respect of the suit property by virtue of alleged Will where under the property alleged to have been bequeathed in favour of the applicant by the respondent No.1, the rights of the appellant shall be subject to such litigation. Accordingly, the following: ORDER Appeal stands disposed of. Sd/- (V SRISHANANDA) JUDGE MR