- 1 - HC-KAR NC: 2025:KHC:29407 RSA No. 1669 of 2017 C/W RSA No. 1668 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH REGULAR SECOND APPEAL NO. 1669 OF 2017 (RES) C/W REGULAR SECOND APPEAL NO. 1668 OF 2017 IN RSA No. 1669/2017 BETWEEN: 1. MUDDU MARAKALA, S/O.LATE RAMU MARAKALA, SINCE DEAD BY HIS LRS., SMT.KAMALA MARAKALTHI, W/O.LATE MUDDU MARAKALA, AGED ABOUT 68 YEARS, 2. SMT.ANUSOOYA, W/O LATE VIJAYA MENDON, AGED ABOUT 40 YEARS, 3. PRAJWAL, S/O.LATE VIJAYA MENDON, AGED ABOUT 9 YEARS, REP. BY HIS NATURAL GUARDIAN, MOTHER SMT.ANUSOOYA. 4. SRI SUDHAKAR, S/O LATE MUDDU MARAKALA, AGED ABOUT 46 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29407 RSA No. 1669 of 2017 C/W RSA No. 1668 of 2017 5. SRI KRISHNA, S/O LATE MUDDU MARAKALA, AGED ABOUT 44 YEARS, 6. SMT RAAJEEVI, D/O LATE MUDDU MARAKALA, AGED ABOUT 38 YEARS, 7. SMT GEETHA, D/O LATE MUDDU MARAKALA, AGED ABOUT 32 YEARS, 8. SMT SANTHOSH, D/O LATE MUDDU MARAKALA, AGED ABOUT 30 YEARS, ALL ARE AGRICULTURIST, R/AT:BOMMARABETTU VILLAGE, HIRIYADKA POST, UDUPI TALUK & DISTRICT - 576 113. …APPELLANTS (BY SRI.PRASANNA V R., ADVOCATE) AND: 1. M ROHINI U PADIYAR, W/O.LATE M.V.PADIYAR, 2. ROHITAKSHA V PADIYAR, S/O.LATE M.V.PADIYAR, 3. M BALAKRISHNA V PADIYAR, S/O.LATE M.V.PADIYAR, 4. M MOHANDAS PADIYAR, S/O.LATE M.V.PADIYAR, - 3 - HC-KAR NC: 2025:KHC:29407 RSA No. 1669 of 2017 C/W RSA No. 1668 of 2017 5. DR NIRMALA RAO S/O.LATE M.V.PADIYAR, ALL ARE AGED MAJORS, R/AT HOUSE NO.13, ANANATHA NAGAR, SHIVALLI VILLAGE, MANIPAL POST, UDUPI TALUK & DISTRICT - 576 104. …RESPONDENTS (BY SRI.JEEVAN K FOR C/R4., ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 10.4.2017 PASSED IN RA NO.28/2001 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE, UDUPI, DISMISSING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 29.1.2001 PASSED IN OS NO.102/96 ON THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) JMFC, UDUPI. IN RSA NO. 1668/2017 BETWEEN: 1. MUDDU MARAKALA, S/O LATE RAMU MARAKALA, SINCE DEAD BY HIS LRS, SMT.KAMALA MARAKALTHI, W/O LATE MUDDU MARAKALA, AGED ABOUT 68 YEARS, 2. SMT.ANUSOOYA, W/O LATE VIJAYA MENDON, - 4 - HC-KAR NC: 2025:KHC:29407 RSA No. 1669 of 2017 C/W RSA No. 1668 of 2017 AGED ABOUT 40 YEARS, 3. PRAJWAL, S/O LATE VIJAYA MENDON, AGED ABOUT 9 YEARS, REP BY NATURAL GUARDIAN MOTHER SMT.ANUSOOYA, 4. SRI.SUDHAKAR, S/O LATE MUDDU MARAKALA, AGED ABOUT 46 YEARS, 5. SRI.KRISHNA S/O LATE MUDDU MARAKALA, AGED ABOUT 44 YEARS, 6. SMT.RAAJEEVI D/O LATE MUDDU MARAKALA, AGED ABOUT 38 YEARS, 7. SMT.GEETHA D/O LATE MUDDU MARAKALA, AGED ABOUT 32 YEARS, 8. SMT.SANTHOSH D/O LATE MUDDU MARAKALA, AGED ABOUT 30 YEARS, ALL ARE AGRICULTURIST, R/AT BOMMARABETTU VILLAGE, HIRIYADKA POST, UDUPI TALUK & DISTRICT - 576 113. ...APPELLANTS (BY SRI. PRASANNA V R., ADVOCATE) - 5 - HC-KAR NC: 2025:KHC:29407 RSA No. 1669 of 2017 C/W RSA No. 1668 of 2017 AND: 1. M ROHINI U PADIYAR W/O LATE M.V.PADIYAR, 2. ROHITAKSHA V PADIYAR S/O LATE M.V.PADIYAR, 3. M.BALAKRISHNA V PADIYAR S/O LATE M.V.PADIYAR, 4. M.MOHANDAS PADIYAR S/O LATE M.V.PADIYAR, 5. DR,.NIRMALA RAO S/O LATE M.V.PADIYAR, ALL ARE AGED MAJORS, R/AT HOUSE NO.13, ANANTHA NAGAR, SHIVALLI VILLAGE, MANIPAL POST, UDUPI TALUK & DISTRICT - 576 104. ...RESPONDENTS (BY SRI. JEEVAN K FOR C/R4., ADVOCATE) THIS RSA IS FILED UNDER SEC.100 OF CPC., 1908 AGAINST THE JUDGMENT AND DECREE DATED 10.04.2017 PASSED IN RA NO.27/2001 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE AT UDUPI DISMISSING THE APPEAL FILED AGANST THE JUDGMENT AND DECREE DATED 29.01.2001 PASSED IN OS NO.100/96 ON THE FILE OF THE II ADDL.CIVIL JUDGE (JR.DN) AND JMFC., UDUPI. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:29407 RSA No. 1669 of 2017 C/W RSA No. 1668 of 2017 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL JUDGMENT Heard Sri.Prasanna.V.R, learned counsel appearing for the appellants and Sri.Jeevan K, learned counsel appearing for respondent No.4, in concurrence submitted that parties have resolved in Execution Case No.18/2022 before the II Additional Civil Judge and JMFC, Udupi. In that view of the matter, the parties are abide by the award made by the Lok Adalath. 2. In that view of the matter, the Regular Second Appeals are accordingly disposed of, in terms of the award made by the Lok Adalath as mentioned above. 3. Pending I.A's, if any, are does not survive for consideration and the same accordingly, disposed of. SD/- (E.S.INDIRESH) JUDGE KVR List No.: 1 Sl No.: 35