- 1 - HC-KAR NC: 2025:KHC:52160 RSA No. 1429 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1429 OF 2024 (PAR) BETWEEN: 1. SMT. SHASHIKALA CHANDRAIAH WIFE OF CHANDRAIAH, AGED 74 YEARS, NO.15, MARUTHI LAYOUT, R M V 2ND STAGE, BENGALURU-560 094 2. SMT. VANITHA RATHNA RAJ WIFE OF SRI. RATHNA RAJ, AGED ABOUT 63 YEARS, KOPPA TOWN & POST, CHIKKAMAGALURU DIST.-577 134 3. SMT. RAJANI VARMA WIFE OF SRI. N. VEERA VERMA, AGED ABOUT 65 YEARS, R/AT NELLIKAR, KARKALA TALUK, UDUPI DISTRICT-574 124 4. SMT. ARCHANA PRABHATH, WIFE OF SRI. N. PRABHATH, AGED ABOUT 56 YEARS R/AT “SRINIVASA” K D KINI COMPOUND, S B COLLEGE ROAD, KARKALA TOWN, UDUPI DISTRICT-574 104 Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52160 RSA No. 1429 of 2024 PRESENTLY AT “PUSHKARA” S.B. COLLEGE ROAD, KARKALA TOWN, UDUPI DISTRICT-574 104 …APPELLANTS (BY SRI CHANDRAIAH, ADVOCATE) AND: 1. SRI G N JEEVAN KUMAR SINCE DEAD BY HIS LRS 1(A) SMT. MALINI W/O LATE G N JEEVAN KUMAR, AGED ABOUT 66 YEARS, 1(B) SMT. JEEVITHA D/O LATE G N JEEVAN KUMAR, AGED ABOUT 30 YEARS, 1(C) SMT. PRANITHA D/O LATE G N JEEVAN KUMAR, AGED ABOUT 28 YEARS, ALL ARE R/AT NO.20, “JEEVANA” INDIRANAGARA NEW EXTENTION RACE COURCE CIRCLE MYSURU CITY-570 001 2. SRI. G. N, CHANDAN KUMAR SON OF LATE G B NAGA VERMA, AGED 70 YEARS, C/O RATHAN ENTERPRISES, NEAR SANGAM THEATER, THEERTHANKARA ROAD, MYSORE CITY-577 001 - 3 - HC-KAR NC: 2025:KHC:52160 RSA No. 1429 of 2024 3. SRI. G N RATHAN KUMAR SON OF LATE G. B, NAGA VERMA, AGED BOUT 68 YEARS, AT C/O RATHAN ENTERPRISES, NEAR SANGAM THEATER, THEERTHANKARA ROAD, MYSORE CITY-577 001 4. SRI. G N JWALAN KUMAR SON OF LATE G B NAGA VERMA, AGED ABOUT 60 YEARS, R/AT NO.42/5, SHALIVAHANA ROAD, NAZARABAD, MYSORE-577 010 5. SMT. G N SUSHILAMMA WIFE OF LATE G B NAGA VERMA, AGED ABOUT 94 YEARS, R/AT “SRINIVASA” K D KINI COMPOUND S B COLLEGE ROAD, KARKALA TOWN, UDUPI DISTRICT-574 104 PRESENTLY AT “PUSHKARA” S B COLLEGE ROAD KARKALA TOWN UDUPI DISTRICT- 574104 …RESPONDENTS (BY SRI AKSHAY R HUDDAR, ADVOCATE FOR R1(A-C); SIR B S GURUDATHA, ADVOCATE FOR R2; SRI LOKESH K, ADVOCATE FOR R4; R3 & R5 - SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 26.06.2024 PASSED IN R.A.NO.406/2019 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU AND ETC. - 4 - HC-KAR NC: 2025:KHC:52160 RSA No. 1429 of 2024 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 the learned counsel appearing for the respective parties. The learned counsel appearing for the respective parties submit that no dispute with regard to ‘B’ schedule property is concerned since the same is already sold. The counsel appearing for the appellants submits that Final Decree Proceeding is pending in respect of the ‘A’ schedule property is concerned. The counsel appearing for the appellants also would submit that decision taken by the FDP Court in respect of ‘B’ and ‘C’ schedule properties is not correct and the same is also objected before the FDP Court, but those objections are not considered by the FDP Court. 2. The counsel appearing for the respondents would submit that the matter may be remitted back to the FDP Court for consideration of ‘A’, ‘B’ and ‘C’ schedule properties afresh in view of the objections raised by the parties. - 5 - HC-KAR NC: 2025:KHC:52160 RSA No. 1429 of 2024 3. The counsel for the appellants also brought to notice of this Court that earlier while mentioning in the final decree proceedings, it is wrongly mentioned the schedule ‘C’ as schedule ‘D’ and schedule ‘D’ as schedule ‘C’ property. 4. In view of the said submission, the matter can be heard and disposed of in view of the objections raised by the appellants for the beneficial enjoyment of the parties. Hence, the order passed by the Trial Court in final decree proceedings is set aside and confirmation made by the First Appellate Court in respect of ‘B’ and ‘C’ schedule properties is also set aside. In view of the said submission, now, the issue remains only in respect of ‘A’ to ‘C’ schedule properties. In view of the submission made by the learned counsel for the respective parties, the second appeal is disposed of. 5. The FDP Court is directed to dispose of the matter within a time bound period of 6 months. 6. The parties are directed to appear before the FDP Court on 06.01.2026 without expecting any notice and the FDP - 6 - HC-KAR NC: 2025:KHC:52160 RSA No. 1429 of 2024 Court is directed to consider the grievances of parties and dispose of the matter on merits. 7. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands dismissed. Sd/- (H.P.SANDESH) JUDGE SN