- 1 - HC-KAR NC: 2025:KHC:29418-DB RFA No. 455 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K REGULAR FIRST APPEAL NO. 455 OF 2025 (PAR) BETWEEN: SRI. B.R. RAVISHANKAR AGED ABOUT 61 YEARS, S/O LATE C.RAMAIAH, NO. C-2901 NAVAMI LANDMARK, MYSURU ROAD, NEAR JNANABHARATHI METRO STATION, KENCHENAHALLI, BENGALURU-560 026 …APPELLANT (BY SRI. SEETHA RAMA RAO B.C AND SRI. ANUP SEETHARAM RAO, ADVOCATES) AND: 1. SRI. B.R LOKANATH AGED ABOUT 66 YEARS, S/O LATE C.RAMAIAH, NO.815, III MAIN, IV BLOCK, RAJAJINAGAR, BENGALURU 560 010. 2. SRI R. CHANNAPPA AGED ABOUT 81 YEARS, S/O LATE C.RAMAIAH, NO.54, III STAGE, VINAYAKA LAYOUT, VINAYAKANAGAR, BENGALURU 560 040. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29418-DB RFA No. 455 of 2025 3. SMT.R.CHANNARASAMMA, AGED ABOUT 79 YEARS, W/O LATE C. RAMAIAH, NO.1, III STAGE, VINAYAKA LAYOUT, VINAYAKANAGAR, BENGALURU - 560 040. 4. SRI R. VISHWANATH, SINCE DECEASED BY HIS LR'S SRI B.V. UDAYA KIRAN, AGED ABOUT 48 YEARS, S/O LATE VISHWANATH.R, NO.602, 6TH FLOOR, SKYLINE CITY APARTMENTS, 6TH BLOCK, NAGARABHAVI, BENGALURU - 560 072. 5. SMT.R.KOMALA AGED ABOUT 69 YEARS, D/O LATE RAMAIAH NO.J-21, NGO'S QUARTERS VI BLOCK, RAJAJINAGAR BENGALURU -560 010 PRESENTLY: 76/2 C/O GOVINDAPPA BUILDING, CHENNANAYAKANA PALYA, NAGASANDRA POST BENGALURU-560 073 6. SMT. R UMA DEVI AGED ABOUT 67 YEARS, D/O LATE RAMAIAH, NO.2787, VII MAIN ROAD II CROSS, II STAGE, KUMARASWAMY LAYOUT, BENGALURU - 560 078. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:29418-DB RFA No. 455 of 2025 THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 11.11.2024 PASSED IN OS.NO.2188/2015 ON THE FILE OF THE LXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU, PARTLY DECREEING THE SUIT FOR PARTITION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for the appellant submits that another defendant in O.S.No.2188/2015 had filed Regular First Appeal No.2828/2024 and by judgment dated 25.06.2025, the judgment and decree passed in the aforesaid suit has been set- aside and matter has been remanded to the Trial Court for fresh consideration by considering the oral and documentary evidence. 2. In the above view of the matter, this appeal shall also stand allowed. The impugned judgment and decree is set- aside. The matter is remitted to the Trial Court for fresh consideration. - 4 - HC-KAR NC: 2025:KHC:29418-DB RFA No. 455 of 2025 3. The parties shall mark their appearance before the Trial Court on the next date of hearing of the suit and they shall be permitted to raise their contentions therein. All contentions on merits are left open. In view of disposal of the appeal, I.A.No.2/2024 does not survive for consideration and accordingly the same is disposed of. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 17