- 1 - HC-KAR NC: 2025:KHC:42537 RSA No. 1366 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO. 1366 OF 2025 (PAR) BETWEEN: SMT. A. S. SHANKARAMMA, W/O. SRI. H.S. NAGARAJU, AGED ABOUT 44 YEARS, R/AT ANTHARAGHATTE VILLAGE, ANTHARAGHATTE POST, CHOWLAHIRIYUR HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT- 577 548. …APPELLANT (BY SRI. GIREESHA R. J.,ADVOCATE) AND: 1. SMT. LATHA, W/O. SRI. VENKATESH, AGED ABOUT 44 YEARS, R/AT NEAR PANCHAYATH OFFICE, NEHARU ROAD, AJJAMPURA, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT- 577 547. 2. KUMARI/SMT. BABY, D/O. SRI. NAGARAJAPPA @ T. NAGARAJ, AGED ABOUT 33 YEARS, HOUSE HOLD WORK, NEAR PANCHAYATH OFFICE, ANTHARAGHATTE POST, CHOWLAHIRIYUR HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT- 577 548. …RESPONDENTS Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42537 RSA No. 1366 of 2025 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 30.06.2025. PASSED IN R.A. NO.5/2021 ON THE FILE OF SENIOR CIVIL JUDGE, KADUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 13.11.2020 PASSED IN OS NO.445/2012 ON THE FILE OF 1ST ADDITIONAL CIVIL JUDGE AND JMFC, KADURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard Sri.Gireesha.R.J learned counsel for the appellant. 2. On perusal of the reasons assigned in the trial Court order and also the Appellate Court order depicts that plaintiffs are the children of Nagarajappa and property belongs to Nagarajappa who sold the property and the plaintiffs are not the parties to the sale deed executed in - 3 - HC-KAR NC: 2025:KHC:42537 RSA No. 1366 of 2025 favour of the appellant. Property was sold by the wife of Nagarajappa who succeeded to the estate of the Nagarajappa along with the plaintiffs and when such being the material available on record, trial Court has taken note of Section 16(3) of the Hindu Marriage Act with regard to the validity of the marriage, since plaintiffs claim that they are the children of second wife of said Nagarajappa. The appellate Court also while reconsidering the material on record has considered Section 16(3) of the Hindu Marriage Act and taken note of the judgment of the Apex Court in a case of Revanasiddappa and others v. Mallikarjuna delivered in Civil No.2844/2011 dated 01.09.2023 and when such materials were considered both question of fact and question of law is considered by the trial Court and appellate Court. 3. I do not find any ground to admit the second appeal and frame substantial question of law as contented by the appellant's counsel and no doubt it is his contention that he had purchased the property vide sale deed dated - 4 - HC-KAR NC: 2025:KHC:42537 RSA No. 1366 of 2025 29.11.2010 and the appellant can urge his pleadings before the FDP Court seeking equity in view of sale made by Lokamma, wife of Nagarajappa. With these observations, the second appeal is disposed of. Sd/- (H.P.SANDESH) JUDGE DS CT:TSM List No.: 1 Sl No.: 53