- 1 - HC-KAR NC: 2026:KHC:26299 RSA No. 2022 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 2022 OF 2017 (SP) BETWEEN: 1. SRI. SURESH JOHN S/O KURIAN JOHN AGED ABOUT 53 YEARS, OCCUPATION: BUSINESS, RESIDING AT NO.124/5 ST JOHNS CHURCH ROAD COLES PARK, BANGALORE 2. SMT MOLLYKUTTY MATHEW W/O T.M. MATHEW AGED ABOUT 62 YEARS OCC: NIL THANAVELLI HOUSE DEVOLOKAM POST KAOTTAYAM KERALA C/O AT NO.124/5, ST. JOHN'S CHURCH ROAD COLES PARK, BANGALORE 3. KUM ANJU MADATHIRAPIL GEORGE D/O GEORGE KURUVILLA AGED ABOUT 36 YEARS, OCCUPATION: NIL MADATHIRAMPIL HOUSE, VENKATHANAM POST KOTTAYAM KERALA C/O NO.124/5, COLES PARK Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26299 RSA No. 2022 of 2017 ST JOHNS CHURCH ROAD BANGALORE ALL THE APPELLANTS ARE REPERSENTED BY THEIR GPA HOLDER SRI SUNIL P JOHN AGED ABOUT 52 YEARS, R/AT 219, 1ST MAIN D-CROSS HRBR LAYOUT, 3RD BLOCK BANGALORE-84 …APPELLANTS (BY SRI. K.P.M. VARGHESE, ADVOCATE) AND: 1. SMT. GOWRI AGED ABOUT 48 YEARS, W/O B SHIVA RESIDING AT NO.290, R.H.COLONY HOSUR MAIN ROAD, ADUGODI BANGALORE-030 2. SMT SHANTHAMMA W/O LATE G A RAJAPPA AGED ABOUT 75 YEARS 3. SRI BERNAD S/O LATE G A RAJAPPA AGED ABOUT 45 YEARS 4. R SAGAIMARY D/O LATE G.A. RAJAPPA AGED ABOUT 46 YEARS - 3 - HC-KAR NC: 2026:KHC:26299 RSA No. 2022 of 2017 5. SRI L VIJAYAKUAMR S/O A LAKSHMANNA AGED ABOUT 45 YEARS RESIDING AT NO.S/B, BASAPPA ROAD, POOJARAPPA GARDEN SHANTHINAGAR BANGALORE-027 6. R ANGELINA W/O JOHN LUKAS AGED ABOUT 55 YEARS 7. SMT ANASTHASIYA W/O ANTHONY SAGAIRARAJ AGED ABOUT 53 YEARS RESIDING ATNO.1 NALLAYAPPA GARDEN 9TH CROSS, KADRAPPA ROAD DODDIKUNTA COX TOWN BANGALORE - 05 8. SMT ELIZABETH RAINY W/O LATE MARIYA DAS AGED ABOUT 47 YEARS RESPONDENTS NO.2 TO 4, 6 AND 8 ARE ALL RESIDING AT NO.55, THAMBUCHETTYPALYA, K.R. PURAM DISTRICT, BIDARAHALLI HOBLI BANGALORE EAST TALUK, BANGALORE -560036 …RESPONDENTS (BY SMT. S. VISHALAKSHI RAMESH, ADVOCATE FOR R1 R5 AND R7 ARE SERVED - 4 - HC-KAR NC: 2026:KHC:26299 RSA No. 2022 of 2017 VIDE ORDER DTED 25.11.2025, NOTICE TO R2 TO R4, R6 AND R8 ARE HELD SUFFICIENT) THIS RSA IS FILED U/S. 100 OF CPC., AGAINST THE JUDGEMENT AND DECREE DTD 17.12.2008 PASSED IN R.A.NO. 176/2007 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT, BENGALURU, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGEMENT AND DECREE DATED 05.11.2007 PASSED IN OS.NO.764/2002 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE (SR.DN.) BENGALURU (R) DISTRICT., BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. Heard on I.A. No.3/2017, which is filed seeking permission to file the present second appeal. 2. Appellant is not a party in the suit or before the First Appellate Court. In the affidavit filed by Sri. Sunil P. John, being the GPA holder of the appellants, it is contented that by virtue of the decree that has been passed in O.S. No.764/2002, which was subject matter of - 5 - HC-KAR NC: 2026:KHC:26299 RSA No. 2022 of 2017 R.A. No.176/2007, rights of the appellants are also affected. 3. It is also contented that the appellants were not parties either in the suit or before the First Appellate Court and as such, their rights are affected by the judgment and decree and therefore they should be given permission to contest the validity of the judgment passed in O.S.No.764/2002 and R.A. No.176/2007. 4. It is also contented that appellants are the absolute owners in possession and enjoyment of portion of land in Sy.No.16 of Halahalli Village, Bidarahalli Hobli, from 30.03.1995, which is much prior to the institution of the suit in O.S. No.764/2002 and appellants having purchased three sites in the land in Sy.No. No.16 through registered sale deed dated 30.03.1995. 5. It is further contented that suppressing the said aspect of the matter, there is a prayer for specific enforcement of the agreement to sell dated 01.06.2000 in - 6 - HC-KAR NC: 2026:KHC:26299 RSA No. 2022 of 2017 respect of two acres of the land in old Sy.No.No.16 and new Sy.No.No.16/2 in Halahalli Village, Bidarahalli Hobli, Bangalore South Taluk now coming under Bangalore East Taluk. 6. Since the appellants are not the parties either before the Trial Court or before the First Appellate Court, they cannot maintain a second appeal which is purely on the question of law. 7. Factual aspects are concerned, they are to be decided in the First Appeal if the appellants are aggrieved by the judgment and decree passed by the Trial Court in respect of the subject matter of the suit for which the appellants also claim a rival title. 8. Reserving liberty for the appellants to resort to appropriate proceedings, the present second appeal cannot be entertained by a non-party having regard to the scope of Section 100 of the Code of Civil Procedure. - 7 - HC-KAR NC: 2026:KHC:26299 RSA No. 2022 of 2017 9. Accordingly, I.A.No.3.2017 is dismissed. Consequently, appeal is also dismissed. Pending IAs are confined to records. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 2 Sl No.: 51