- 1 - HC-KAR NC: 2025:KHC:47918 RSA No. 1087 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1087 OF 2023 (PAR/INJ) BETWEEN: 1. SMT. SAVITHRAMMA, D/O LATE B. BYRALINGAIAH, W/O S.G. RAJASHEKARAIAH, AGED ABOUT 63 YEARS, RESIDING AT SREENIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGAL TALUK-562123. …APPELLANT (BY SRI. T. SESHAGIRI RAO, ADVOCATE) AND: 1. SMT. SAROJAMMA, D/O LATE B. BYRALINGAIAH, W/O LATE VIJAYANNA, AGED ABOUT 65 YEARS, RESIDING AT BYRASANDRA VILLAGE, KASABA HOBLI, MADALAKOTE POST, NELAMANGALA TALUK-562123. 2. SMT. MAHALAKSHMAMMA, D/O LATE B. BYRALINGAIAH, W/O LATE CHANDRASHEKAR, AGEDA BOUT 71 YEARS, RESIDING AT MALLARABANAVADI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47918 RSA No. 1087 of 2023 3. SRI. B.H. MUNIRAJU, S/O HANUMAIAH, AGED ABOUT 61 YEARS, RESIDING AT BOMMANAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123. …RESPONDENTS (BY SRI HEGDE SHRIPAD GANGADHAR, ADVOCATE FOR R1 AND R2; R3 - SERVED) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 21.03.2023 PASSED IN R.A.NO.7/2021 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, NELAMANGALA, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 12.03.2021 PASSED IN O.S.NO.136/2008 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, NELAMANGALA. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT The learned counsel for the appellant has filed a memo stating that the parties to the above appeal have settled the matter by effecting partition of the subject properties on 27.01.2025 and the same is registered in the office of the Sub- Registrar, Nelamangala on 28.01.2025. The copy of the partition deed is also produced before the Court and hence, - 3 - HC-KAR NC: 2025:KHC:47918 RSA No. 1087 of 2023 prayed this Court to dispose of the appeal taking the same on record. 2. The learned counsel for respondent Nos.1 and 2 also not disputes the same and they are also parties to the partition. 3. The respondent No.3 is the purchaser and both the learned counsel submits that the property, which was purchased by respondent No.3 is not touched in the partition. Hence, the memo is taken on record and the second appeal is disposed of in terms of the memo. Sd/- (H.P.SANDESH) JUDGE MD List No.: 1 Sl No.: 10