- 1 - HC-KAR NC: 2025:KHC:53676 RSA No. 1174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH REGULAR SECOND APPEAL NO.1174 OF 2025 (RES) BETWEEN: MRS. VARIJA W/O GOPAL KOTTARY AGED ABOUT 62 YEARS R/AT NO.8-14-1301 GURI THOTA HOUSE KUDROLI MANGALURU – 575003 …APPELLANT (BY SRI. RENSPRE PRITHESH D’SOUZA, ADVOCATE) AND: MRS. SHARADA W/O K.M. KOTTAEY AGED ABOUT 75 YEARS R/AT NAGARAJ MAHAL BARKE GARDEN MANGALURU- 575003 …RESPONDENT (BY SRI VIJAY KRISHNA BHAT, ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53676 RSA No. 1174 of 2025 THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 22.04.2025 PASSED IN R.A.NO.63/2022 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K. AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL JUDGMENT Heard the learned counsel appearing for the respective parties. 2. This second appeal is filed against the order of rejection of application filed under Order XXI Rule 97 of CPC in Ex.P.No.215/2021 and the said order was challenged in R.A.No.63/2022 and the said appeal was dismissed confirming the order passed by the Trial Court. In the meanwhile, possession was already taken and the learned counsel for the appellant also not disputed the said fact. When possession was already taken, the counsel - 3 - HC-KAR NC: 2025:KHC:53676 RSA No. 1174 of 2025 for the appellant would submit that this second appeal does not survive for consideration even though question of law involved in the matter. In view of the said submission, this second appeal is dismissed as does not survive for consideration. In view of dismissal of the main appeal, I.A. if any, does not survive for consideration and the same stands dismissed. Sd/- (H.P.SANDESH) JUDGE SN