- 1 - HC-KAR NC: 2025:KHC:28836 RSA No. 1416 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1416 OF 2021 (DEC/INJ) BETWEEN: 1. SRI. NANJUNDAPPA S/O LATE ANNAIYAPPA AGED ABOUT 46 YEARS SINCE DEAD BY LRS 1(A). SMT. NAGAMMA, W/O LATE NANJUNDAPPA, AGED ABOUT 45 YEARS 1(B). MS. GAYATHRI N S/O LATE NANJUNDAPPA AGED ABOUT 27 YEARS 1(C). MR. VENKATESH N, S/O LATE NANJUNDAPPA, AGED ABOUT 21 YEARS ALL ARE R/AT THOLAKANAHALLI VILLAGE, MASTHI HOBLI, NALUR TALUK, KOLAR DISTRICT. …APPELLANTS (BY SRI. A. MADHUSUDHANA RAO, ADVOCATE) Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28836 RSA No. 1416 of 2021 AND: 1. SMT. RAMAKKA W/O VEERAPPA AGED ABOUT 59 YEARS 2. SRI. SHANKARAPPA S/O VEERAPPA AGED ABOUT 39 YEARS 3. SRI. MADESHA S/O NANJUNDAPPA AGED ABOUT 34 YEARS 4. SRI. NANJUNDAPPA S/O DODDA MUNIYAPPA AGED ABOUT 59 YEARS 5. SRI. KRISHNAPPA S/O DASANAPURA ANNAYYA AGED ABOUT 43 YEARS RESPONDENTS 1 TO 5 ARE ALL R/AT THOLAKANAHALLI VILLAGE MASTHI HOBLI, MALUR TALUK KOLAR DISTRICT. SMT. JAYAMMA D/O ANNAYAPPA W/O MUNIYAPPA SINCE DEAD BY HER LRS. 6. SRI. MUNIYAPPA S/O LATE VENKATARAMANAPPA AGED ABOUT 65 YEARS - 3 - HC-KAR NC: 2025:KHC:28836 RSA No. 1416 of 2021 7. SRI. NAGARAJU S/O MUNIYAPPA AGED ABOUT 42 YEARS 8. SRI. RAMESH S/O MUNIYAPPA AGED ABOUT 34 YEARS RESPONDENTS 6 TO 8 ARE R/AT HASANDAHALLI VILLAGE MASTHI HOBLI, MALUR TALUK KOLAR DISTRICT. 9. SMT. RADHA W/O SRI. JAYAPPA D/O SRI MUNIYAPPA AGED ABOUT 40 YEARS 10. SMT. RATHNAMMA W/O THIMMARAYAPPA D/O SRI. MUNIYAPPA AGED ABOUT 46 YEARS RESPONDENTS 9 AND 10 R/AT KODAGU VILLAGE SARAJAPURA HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT. 11. SMT. GUNDAMMA D/O ANNAYAPPA W/O VENAKTARAMANAPPA AGED ABOUT 54 YEARS R/AT BERIGAI VILLAGE, HOSUR TALUK KRISHNAGIRI DISTRICT, TAMIL NADU. - 4 - HC-KAR NC: 2025:KHC:28836 RSA No. 1416 of 2021 12. SMT. MARAMMA D/O ANNAYAPPA W/O MUNIVENKATAPPA AGED ABOUT 49 YEARS R/AT MAVAHALLI VILLAGE ROBERTSONPET HOBLI BANGARPET TALUK KOLAR DISTRICT. 13. SMT. NANJAMMA D/O ANNAYYAPPA W/O VENKATARAMANAPPA AGED ABOUT 46 YEARS R/AT THOKANAHALLI VILLAGE MASTHI HOBLI, MALUR TALUK KOLAR DISTRICT. …RESPONDENTS (R1, R2, R3, R4, R5, R6, R13 ARE SERVED AND UNREPRESENTED; SERVICE OF NOTICE TO R12 IS HELD SUFFICIENT) THIS RSA IS FILED UNDER SECTION 100 OF CPC PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 17.08.2020 IN RA.No.140/2016 PASSED BY THE LEARNED 1ST ADDITIONAL DISTRICT JUDGE, KOLAR AND THE ORDER ON IA No.3 IN RA.No.140/2016 DATED 5.9.2018 PASSED BY THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR, AND SET ASIDE THE JUDGMENT AND DECREE DATED 23.08.2016 IN OS No.474/2011 PASSED BY THE LEARNED SENIOR CIVIL JUDGE AND JMFC, MALUR, ALLOW THIS REGULAR SECOND APPEAL WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:28836 RSA No. 1416 of 2021 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Legal representatives of deceased sole appellant – Nanjundappa are present before the Court. 2. It is submitted on behalf of the appellants that, after filing of the present appeal, the legal representatives of deceased Nanjundappa have filed a fresh suit and there is a compromise decree among the legal representatives of Nanjundappa and other respondents. Therefore, the present appeal has rendered infructous. 3. A memo is filed in that regard. Said memo reads as under: "The Appellant has filed O.S.No.256/2009 renumbered O.S.No.474/2011 for the reliefs of declaration and permanent injunction against Defendants 1 to 5. Defendants 1 to 5 denied the averments of the plaint and contended that Defendants 6 to 9 who are subsequently impleaded are the owners and they are cultivating the Suit Schedule Properties on their behalf. They contended that the Appellant is not the son of Sri.Annayappa, who is the owner of the Suit Schedule Properties and that only Defendants 6 to 9 are the daughters of Sri. Annayappa. Defendants 6 to 9 also denied that the Appellant is their brother and the trial court on the consideration of the evidence held that the Appellant is the son of Late. - 6 - HC-KAR NC: 2025:KHC:28836 RSA No. 1416 of 2021 Annayyappa, but dismissed the suit on the ground that he is not the exclusive owner of the properties. Before the first appellate court, the appellate in view of the controversy involved and in view of the admitted fact that Defendants 1 to 5 did not claim any rights over the Suit Schedule Properties, sought to with draw the suit with liberty to file a suit for partition against Defendants 6 to 9. The first appellate court has erroneously dismissed the said application and subsequently dismissed the appeal itself along with the applications filed by the Appellant for striking out Defendants 1 to 5 and for amendment of the plaint. Hence, the Appellant had filed the present appeal. During the pendency of the appeal, the sole Appellant died on 21.03.2022 and his legal representatives were brought on record as Appellants 1(a) to 1(c) Thereafter, Appellants 1(a) to 1(c) had filed a suit for partition and separate possession in O.S.No.284/2024 against Defendants 6 to 9 herein and the said suit was compromised on 14.12.2024. As per the said compromise, Appellants 1(a) to 1(c) were given A Schedule Properties mentioned in the said compromise petition. As per the said final decree, Appellants 1(a) to 1(c) are allotted 20 guntas out of the land bearing S.No.39 measuring 1 acre 20 guntas situate at Tholakanahalli village, Masthi Hobli, Malur Taluk of Kolar District and also a house property bearing VP Khatha No.74 measuring 11 x 38 feet situate at Tholakanahalli village, Masthi Hobli, Malur Taluk of Kolar District. A copy of the final decree is produced herewith for the kind perusal of this Hon'ble Court. In view of the fact that the prayer for relief of partition and separate possession which was sought by the deceased Appellant in the present appeal has been granted in O.S.No.284/2024, the appeal does not survive for consideration. Hence, the appeal may kindly be - 7 - HC-KAR NC: 2025:KHC:28836 RSA No. 1416 of 2021 dismissed as not pressed, in the interest of justice and equity." 4. It is submitted that first legal representative of Nanjundappa, while filing the vakalath, has signed the vakalath and now she has affixed her left thumb impression to the memo. 5. Instead of holding an enquiry, this Court is now satisfied that the legal representatives of deceased Nanjundappa willingly wants to withdraw the present appeal. 6. In that regard a fresh memo is filed wherein, the legal representatives of Nanjundappa namely Nagamma, Gayathri and Venkatesh N., who are present before the Court and have affixed their respective LTM, photocopies of Aadhar cards and signatures. 7. Placing the same on record, appeal stands dismissed as not pressed. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 8 CT: BHK