- 1 - HC-KAR NC: 2025:KHC:34023 RSA No. 1385 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1385 OF 2022 (POS) BETWEEN: 1. HANUMAIAH SINCE DEAD REP. BY HIS LRS 1(A) JAYANNA S/O LATE HANUMAIAH AGED ABOUT 52 YEARS 1(B) SAROJAMMA W/O LATE RAJASHEKAR AGED ABOUT 40 YEARS 1(C) HARISH S/O LATE RAJASHEKAR AGED ABOUT 26 YEARS 1(D) GIRISH S/O LATE RAJASHEKAR AGED ABOUT 24 YEARS ALL ARE RESIDENTS OF KODINAGENHALLY NITTUR HOBLI GUBBI TALUK - 572213. …APPELLANTS (BY SRI: L. VIJAYAKUMAR, ADVOCATE) Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34023 RSA No. 1385 of 2022 AND: 1. LALITHAMMA W/O LATE K.P. RAJANNA AGED ABOUT 55 YEARS 2. K.R. SHIVAKUMAR S/O LATE K.P. RAJANNA AGED ABOUT 45 YEARS 3. K.R. VEENA D/O LATE K.P. RAJANNA AGED ABOUT 30 YEARS 4. K.R. VISHWANATHA S/O LATE K.P. RAJANNA AGED ABOUT 31 YEARS ALL ARE RESIDENTS OF KODINAGENHALLY NITTUR HOBLI GUBBI TALUK - 572213. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 06.07.2022. PASSED IN RA.NO.65/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, GUBBI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 18.03.2019 PASSED IN O.S.NO.312/2009 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC., GUBBI. THIS RSA, COMING ON FOR HEARING - INTERLOCUTORY APPLN, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:34023 RSA No. 1385 of 2022 ORAL JUDGMENT Though the matter is listed for considering the application to bring the legal representatives of the deceased appellant on record, since the appellant had died on 20.06.2020 and without considering the application filed before the First Appellate Court on 10.09.2020, the learned Judge at the First Appellate Court passed the impugned judgment on 06.07.2022. 2. As such, admittedly the impugned judgment is a nullity as it is passed against the dead person, despite application being filed and not considered. 3. Therefore, there is no necessity to issue notice to the respondents in the present appeal and the impugned judgment needs to be set aside with a direction for the First Appellate Court to consider the application filed on 10.09.2020 to bring the legal representatives of the deceased appellant on record and proceed with the judgment in accordance with law after notifying the respondents in the said appeal. 4. Accordingly, the following: - 4 - HC-KAR NC: 2025:KHC:34023 RSA No. 1385 of 2022 ORDER (i) The appeal is allowed. (ii) The impugned judgment and decree passed by the First Appellate Court is set aside as it is non est. (iii) The matter is remitted back to the First Appellate Court for fresh disposal in accordance with law after considering the application filed on 10.09.2020 to bring the legal representatives of the deceased sole appellant on record after notifying the respondents in the appeal before the First Appellate Court. (iv) The appellants shall without further notice appear before the First Appellate Court on 22.09.2025. Sd/- (V SRISHANANDA) JUDGE *bgn/- CT:VS List No.: 1 Sl No.: 21