- 1 - HC-KAR NC: 2026:KHC:23754 MSA No. 76 of 2024 C/W MSA No. 81 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE MISCELLANEOUS SECOND APPEAL NO. 76 OF 2024 (RO-) C/W MISCELLANEOUS SECOND APPEAL NO. 81 OF 2024 IN MSA No. 76/2024 BETWEEN: SRI H VENKATAPPA S/O ALTE MOODALAGINYAPPA AGED 74 YEARS R/O NIDAVALALU VILLAGE HEBBUR HOBLI TUMKUR TALUK AND DIST-572120. …APPELLANT (BY SRI. M B CHANDRACHOODA, ADVOCATE) AND: 1. SRI VENKATARAVANAIAH S/O LATE MOODALAGIRIYAPPA AGED 66 YEARS R/O NIDAVALALU VILLAGE HEBHUR HOBLI, TUMKUR TLAUK AND DIST 572120. Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23754 MSA No. 76 of 2024 C/W MSA No. 81 of 2024 2. SRI. GANGAIAH S/O LATE MUDLAGIRAIAH AGE 80 YEARS RTD ROAD ROLLER DRIVER PWD 3. SRI. M. GANGAIAH S/O LATE MUDLAGIRAIAH AGED 69 YEARS RTD ROAD ROLLER DRIVER PWD RESPONDENTS 2 AND 3 ARE R/AT THONDIGERE VILLAGE BIDANAGERE VILLAGE HEBBUR HOBLI TUMKUR TALUK AND DISTRICT 572120. …RESPONDENTS (BY SRI. VENKATESH C R., ADVOCATE FOR R-1 R-2 AND R-3 ARE SERVED - UNREPRESENTED) THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.04.2024 PASSED IN RA NO.67/2023 ON THE FILE OF THE III ADDITINAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 16.03.2023 PASSED IN OS NO.1036/2008 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU, AND THE MATTER IS REMANDED BACK TO THE TRIAL COURT WITH A SPECIFIC DIRECTION TO RESTORE THE SAME. - 3 - HC-KAR NC: 2026:KHC:23754 MSA No. 76 of 2024 C/W MSA No. 81 of 2024 IN MSA NO. 81/2024 BETWEEN: SRI H VENKATAPPA S/O. LATE MOODALAGINAYAPPA, AGED ABOUT 74 YEARS, R/O. NIDAVALALU VILLAGE, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT-572 120. ...APPELLANT (BY SRI. M B CHANDRACHOODA, ADVOCATE) AND: 1. SRI. VENKATARAVANAIAH S/O. LATE MOODALAGIRIYAPPA, AGED ABOUT 66 YEARS, R/O. NIDAVALALU VILLAGE, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT-572 120. 2. SRI. M. GANGAIAH S/O. LATE MUDLAGIRAIAH, AGED ABOUT 69 YEARS, RESIDING AT THONDIGERE VILLAGE, BIDANAGERE VILLAGE, HEBBUR HOBILI, TUMKUR TALUK AND DISTRICT-572 120. ...RESPONDENTS (BY SRI. VENKATESH C R., ADVOCATE FOR R-1 R-2 AND R-3 ARE SERVED - UNREPRESENTED) - 4 - HC-KAR NC: 2026:KHC:23754 MSA No. 76 of 2024 C/W MSA No. 81 of 2024 THIS MSA IS FILED UNDER ORDER 43 RULE 1(u) OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 06.04.2024 PASSED IN RA NO.92/2023 ON THE FILE OF III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, TUMAKURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 16.03.2023 PASSED IN OS NO.1036/2008 ON THE FILE OF IV ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU, AND THE MATTER IS REMANDED BACK TO TRIAL COURT WITH A SPECIFIC DIRECTION TO RESTORE THE SAME AND TO RECORD A FRESH FINDING REGARDING THE PROOF OF WILL AND NON JOINDER OF NECESSARY PARTIES. THESE APPEALS, COMING ON FOR ADMISSION/ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT These appeals are directed against the judgment and decree dated 06.04.2024, passed by the III Additional Senior Civil Judge, Tumakuru, (hereinafter for brevity referred to as `First Appellate Court') in R.A.No.67/2023 and cross-objection in R.A.No.92/2023. - 5 - HC-KAR NC: 2026:KHC:23754 MSA No. 76 of 2024 C/W MSA No. 81 of 2024 2. The plaintiff in O.S.No.1036/2008, on the file of IV Additional Civil Judge, Tumakuru, (hereinafter for brevity referred to as `Trial Court'), is before this Court challenging the aforesaid judgment and decree passed in Regular Appeal, as well as cross-objection. 2. Heard the learned counsel for the parties and perused the material on record. 3. The suit is one for declaration and injunction. The plaintiff has filed a suit against his three brothers claiming right over the property based on a Will said to have been executed by his father-Moodalagiriyappa. The said Will is dated 16.04.1979. 4. The defendants disputed the execution of the Will. Before the trial Court, evidence was led. The Trial Court concluded that Will is proved. 5. Defendant No.1 filed the appeal in R.A.No.67/2023 and defendant No.3 filed cross-objection in R.A.No.92/2023. The First Appellate Court held that the - 6 - HC-KAR NC: 2026:KHC:23754 MSA No. 76 of 2024 C/W MSA No. 81 of 2024 finding on the Will cannot be recorded without impleading the daughters of Kariyanna - son of Moodalagiriyappa. 4. Learned counsel appearing for the appellant/plaintiff submits that the daughters did not dispute the execution of the Will and they have relinquished their rights over the property, as such, they are not impleaded as parties. 5. This Court is of the view that the questions whether the daughters are disputing the Will or not or whether they have executed a Relinquish Deed in respect of the property or not, have to be considered by impleading the daughters of Kariyanna as parties to the proceedings. Since it is not done, this Court does not find any reason to interfere in the judgment and decree passed by the First Appellate Court. 6. Accordingly, the Appeal is dismissed. - 7 - HC-KAR NC: 2026:KHC:23754 MSA No. 76 of 2024 C/W MSA No. 81 of 2024 7. It is made clear that, this Court has not expressed any opinion on the merits of the claim or the validity of the Will in question. All contentions are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE BK List No.: 1 Sl No.: 45