- 1 - HC-KAR NC: 2025:KHC:29654 RSA No. 382 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 382 OF 2014 (DEC) BETWEEN: SRIRAM, S/O LATE CHIKKAMUNISWAMAPPA, AGED ABOUT 46 YEARS, R/AT HARAGADDE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, REP. BY HIS NEXT FRIEND, H.S. CHETHAN KUMAR,S/O H.C. SHIVAKUMAR, AGED ABOUT 32 YEARS,R/AT NO.3, 9TH MAIN ROAD, RPC LAYOUT, VIJAYANAGAR,BANGALORE - 560 040. …APPELLANT (BY SRI RAJESWARA P N, ADVOCATE) AND: 1. MR YERAPPA, S/O LATE DODDA ANNAYAPPA, MAJOR, AGED ABOUT 89 YEARS 2. MR JAYANTHAPPA, S/O LATE DODDA ANNAYAPPA, AGED ABOUT 81 YEARS RESPONDENT NO.1 AND 2 ARE R/AT HARAGADDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 562106. 3. SMT YERAMMA, W/O LATE CHIKKA MUNISWAMAPPA, AGED ABOUT 74 YEARS. Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29654 RSA No. 382 of 2014 4. MR NAGESH, S/O LATE CHIKKA MUNISWAMAPPA, AGED ABOUT 74 YEARS, 5. MR VENKATESH, S/O LATE CHIKKA MUNISWAMAPPA, AGED ABOUT 47 YEARS, 6. MR MAHADEVA, S/O LATE CHIKKA MUNISWAMAPPA, AGED ABOUT 54 YEARS, THE RESPONDENTS NO.3 TO 6 ARE R/AT HARAGADDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 562106. 7. SMT CHENNARAJAMMA, D/O LATE CHIKKA MUNISWAMAPPA, AGED ABOUT 56 YEARS, R/AT NAGAIYANNA DODDI, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 560099. 8. SMT SUGUNAMMA, D/O LATE CHIKKA MUNISWAMAPPA, AGED ABOUT 52 YEARS, R/AT SURAGA JAKKANAHALLY VILLAGE, KASABA HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 560099. 9. MR.NARAYANAPPA, S/O LATE CHIKKANNAYAPPA, AGED ABOUT 88 YEARS, 10. MR NYATAPPA, S/O LATE CHIKKANNAYAPPA, AGED ABOUT 84 YEARS, 11. MR RAMACHANDRAPPA, S/O LATE CHIKKANNAYAPPA, AGED ABOUT 82 YEARS, - 3 - HC-KAR NC: 2025:KHC:29654 RSA No. 382 of 2014 12. MR VENKATASWAMAPPA, S/O LATE CHIKKANNAYAPPA, AGED ABOUT 75 YEARS 13. MR KRISHNAPPA, S/O LATE CHIKKANNAYAPPA, AGED ABOUT 71 YEARS, RESPONDENT NO.9 TO 13 ARE R/AT HARAGADDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 562106. 14. SMT BHAGYAMMA, W/O LATE CHIKKA MUNISWAMAPPA, AGED ABOUT 35 YEARS, 15. MR NARAYANASWAMY, S/O LATE CHIKKANNAYAPPA, AGED ABOUT 47 YEARS RESPONDENTS NO.14 AND 15 ARE R/AT HARAGADDE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 562106. 16. SMT VEENA, D/O LATE CHIKKA MUNISWAMAPPA, W/O BABU @ NAGARAJU, AGED ABOUT 47 YEARS, R/AT NO.2, 9TH 'B' MAIN, VIJAYANAGAR, BANGALORE - 560 040. 17. SMT NAGAVENI, D/O LATE CHIKKA MUNISWAMAPPA, W/O SHIVANNA, MAJOR, AGED ABOUT 54 YEARS, R/AT NO.2393, 2ND STAGE, 7TH B CROSS, VIJAYANAGAR, BANGALORE - 560 040. - 4 - HC-KAR NC: 2025:KHC:29654 RSA No. 382 of 2014 18. SMT AMMAYYAMMA, W/O LATE BYANNA, AGED ABOUT 69 YEARS, 19. SMT PAPAMMA, D/O LATE BYANNA, AGED ABOUT 53 YEARS, 20. SMT JAYMMA, W/O LATE BYANNA,AGED ABOUT 51 YEARS, 21. MR ANNAIYAPPA, S/O LATE BYANNA, AGED ABOUT 47 YEARS, 22. MR LOKESH, W/O LATE BYANNA, AGED ABOUT 45 YEARS, 23. MR RAMACHANDRA, S/O LATE BYANNA, AGED ABOUT 45 YEARS, THE RESPT. NO.18 TO 23 ARE R/AT HARAGADEE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 562106. 24. MR VENKATESH, S/O LATE MUNIYAPPA, AGED ABOUT 44 YEARS, 25. MR NARENDRA, S/O LATE MUNIYAPPA, AGED ABOUT 39 YEARS, 26. SMT UMA, D/O LATE MUNIYAPPA, AGED ABOUT 42 YEARS, 27. SMT KOMALA, D/O LATE MUNIYAPPA, AGED ABOUT 40 YEARS, 28. SMT JAYAMMA, D/O LATE MUNIYAPPA, AGED ABOUT 61 YEARS, RESPTS NO.24 TO 28 ARE THE SONS AND DAUGHTERS AND WIFE OF LATE MUNIYAPPA, RESPTS NO.24 TO 28 ARE R/AT - 5 - HC-KAR NC: 2025:KHC:29654 RSA No. 382 of 2014 HARAGADDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 562106. 29. SMT MUNIYAMMA @ LAKSHMAMMA, D/O LATE CHIKKA MUNISWAMAPPA, W/O D S REDDY, AGED ABOUT 74 YEARS, R/AT NO.283/A, 9TH 'D' MAIN, IIND STAGE, RAJAJINAGAR, BANGALORE - 5600010. 30. SMT GOWRAMMA, W/O LATE NADUPANA, AGED ABOUT 74 YEARS, 31. MR PRAKASH, S/O LATE NADUPANA, AGED ABOUT 57 YEARS, 32. MR RAMESH, S/O LATE NADUPANA, AGED ABOUT 55 YEARS, 33. MR RAJANNA, S/O LATE NADUPANA, AGED ABOUT 53 YEARS, 34. MR GOPI, S/O LATE NADUPANA, AGED ABOUT 48 YEARS, 35. MR SIRAM, S/O LATE NADUPANA, AGED ABOUT 45 YEARS, 36. SMT GANGAMMA, D/O LATE NADUPANA, AGED ABOUT 39 YEARS, 37. SMT SHARADAMMA, D/O LATE NADUPANA, AGED ABOUT 77 YEARS, 38. MR JAYARAM, S/O LATE NADUPANA, AGED ABOUT 59 YEARS, 39. SMT PAPAMMA, - 6 - HC-KAR NC: 2025:KHC:29654 RSA No. 382 of 2014 D/O LATE NADUPANA, AGED ABOUT 74 YEARS, 40. YERAPPA, S/O LATE NADUPANA, AGED ABOUT 57 YEARS, THE RESPTS NO.30 TO 40 ARE R/AT HARAGADDE VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT, BANGALORE - 562106. 41. THE THASILDAR, ANEKAL TALUK, ANEKAL, BANGALORE - 562106. 42. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENTS (BY SRI L NARASIMHA MURTHY A, ADVOCATE FOR C/R11, SRI PATIL G S, ADVOCATE FOR C/R12, V/O/D 19.12.2019 APPEAL AGAINST R9 IS DISMISSED AS ABATED, V/O/DT 17.04.2015 NOTICE TO OTHER RESPONDENTS ARE DISPENSED WITH) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT & DECREE DTD 25.1.2014 PASSED IN R.A.NO.400/2012 ON THE FILE OF THE III ADDL. DISTRICT & SESSIONS JUDGE, BANGALORE RURAL DISTRICT, SIT AT ANEKAL, DISMISSING THE APPEAL AND CONFIRMING THE ORDER DTD 13.8.2012 PASSED ON IA NO.9 IN O.S.NO.1111/2006 ON THE FILE FO THE SENIOR CIVIL JUDGE, ANEKAL. TRAIL COURT REJECTED THE SUIT. APPELLATE COURT DISMISSED THE APPEAL SUIT FOR DECLARATION. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE - 7 - HC-KAR NC: 2025:KHC:29654 RSA No. 382 of 2014 ORAL JUDGMENT It is noticed that the sole appellant is dead. In the sole appellant's name, the suit was filed challenging the previous decree which was passed after contest. In the previous decree, the present sole appellant was one of the defendants, who came on record as the legal representative of his deceased father, along with his other siblings. The decree passed in the previous round of litigation was confirmed in the First Appeal. 2. After the dismissal of earlier first appeal, second suit is filed in the name of Sriram/appellant alleging that Sriram was mentally unsound and his interest was not properly presented by the remaining siblings of Sriram. 3. Sriram died during the pendency of this appeal. Application is filed to substitute the legal representatives of deceased Sriram. 4. The remaining siblings of Sriram are the legal representatives of Sriram who died issueless and he was a bachelor. Assuming that the earlier partition is not valid, share of Sriram would devolve upon remaining siblings. Thus, there is - 8 - HC-KAR NC: 2025:KHC:29654 RSA No. 382 of 2014 no point in allowing the application to substitute the legal representatives of deceased Sriram. 5. Consequently, appeal is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN List No.: 1 Sl No.: 16