- 1 - HC-KAR NC: 2025:KHC:33939 RSA No. 435 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 435 OF 2024 (PAR) BETWEEN: SMT SUBBAMMA W/O MADEGOWDA DEAD BY LRS 1. SRI. RUDRESHA S/O LATE MADEGOWDA, AGED ABOUT 52 YEARS, 2. SRI. SHIVAKUMARA S/O LATE MADEGOWDA, AGED ABOUT 47 YEARS, 3. SMT. NAGAMMA W/O LATE PUTTASWAMY, AGED ABOUT 45 YEARS, 4. SMT. LAKSHMAMMA D/O LATE MADEGOWDA, AGED ABOUT 43 YEARS, 5. SMT. NINGAMMA W/O LATE KENCHEGWODA, AGED ABOUT 68 YEARS, 6. SMT. CHINTAMMA W/O LATE KENCHEGOWDA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33939 RSA No. 435 of 2024 AGED ABOUT 62 YEARS, APPELLANTS ARE RESIDING AT GANGANAHALLI VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK - 571 432. …APPELLANTS (BY SRI. Y.K. NARAYANA SHARMA, ADVOCATE) AND: 1. SRI. KULLEGOWDA S/O EREGOWDA, AGED ABOUT 78 YEARS, 2. SRI. G. RUDRAIAH S/O EREGOWDA AGED ABOUT 67 YEARS, RESPONDENTS NO.1 AND 2 ARE RESIDING AT GANGANAHALLI VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK - 571 432. …RESPONDENTS (BY SRI. B.N. ANJAN KUMAR, ADVOCATE FOR R1 AND R2) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 4.12.2023 PASSED IN RA NO.44/2015 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, NAGAMANGALA, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE AND MODIFYING THE JUDGMENT AND DECREE DATED 13.08.2015 PASSED IN OS NO.159/2008 ON THE FILE OF CIVIL JUDGE AND JMFC, NAGAMANGALA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33939 RSA No. 435 of 2024 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Heard Sri Y K Narayana Sharma and Sri B N Anjan Kumar for the parties. 2. Defendant Nos. 2 to 7 are the appellants before this Court challenging the judgment passed by the first appellate Court in R.A. No. 44/2015 without considering the application filed by them under Order 41 Rule 27 CPC. 3. Though several grounds and substantial questions of law are raised in the appeal, appeal needs to be allowed only on the ground that non-consideration of the application filed by the appellants before the first appellate Court has resulted in miscarriage of justice and needs to be set aside and remit the matter to the first appellate Court for fresh disposal in accordance with law. 4. Accordingly, without expressing any opinion on the merits of the matter, impugned judgment in R.A. No.44/2015 - 4 - HC-KAR NC: 2025:KHC:33939 RSA No. 435 of 2024 needs to be set aside and matter is remitted to the first appellate Court. 5. Accordingly, the following - ORDER (i) The appeal is allowed. (ii) Judgment in RA No.44/2015 dated 04.12.2023 is set aside and the matter is remitted to the first appellate Court for fresh disposal in accordance with law including the consideration of application under Order 41 Rule 27 CPC. (iii) It is made clear that this Court has not expressed any opinion on merits of the matter. (iv) The parties shall appear before the first appellate Court without further notice on 22.09.2025. SD/- (V SRISHANANDA) JUDGE YKL List No.: 1 Sl No.: 56 CT: BHK