- 1 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 1263 OF 2025 (PAR/DEC) C/W REGULAR SECOND APPEAL NO. 1271 OF 2025 IN RSA No. 1263/2025 BETWEEN: SRI NANDA KUMAR AGED ABOUT 46 YEARS, S/O LATE SMT. SUGANDHI AND SRI B SHIVA RAO R/AT HUDCO COLONY, MIG-4, VENOOR ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK, D.K. DISTRICT - 574 197 …APPELLANT (BY SRI. Y. RAJENDRA PRASAD SHETTY, ADVOCATE) AND: 1. SMT. SAROJINI AGED ABOUT 83 YEARS W/O LATE M SUBRAYA R/O HEMAKOOTA, D-282 WEST OF CHORD ROAD, 3RD STAGE, MAHALAXMI PURAM BENGALURU - 560 086 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 2. SMT. VASANTHI D/O LATE PARAMESHWARA SHERVEGARA, W/O LATE B SHRINIVAS, SINCE DECEASED BY HER LEGAL HEIRS SMT. CHITHRA, AGED ABOUT 47 YEARS, W/O LATE MOHANDAS, DAUGHTER IN LAW OF LATE VASANTHI R/O SHRINIVASA, AREKERE BAILU NEAR GUJJARAKERE, JEPPU, MANGALURU, D.K. - 575 003. 3. SRI JEEVAN AGED ABOUT 54 YEARS, S/O LATE VASANTHI, R/O 'SHRINIVASA', AREKREE BAILU NEAR GUJJARAKERE JEPPU, MANGALURU - 575 003. 4. SMT. RAJESHWARI AGED ABOUT 45 YEARS DAUGHTER IN LAW OF LATE VASANTHI W/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004. 5. AMOGHA AGED ABOUT 19 YEARS, GRAND SON OF LATE VASANTHI, S/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAI, MANGALURU - 575 004 - 3 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 6. APOORVA AGED ABOUT 18 YEARS, GRAND DAUGHTER OF LATE VASANTHI D/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004 REP. BY HER NATURAL MOTHER SMT. RAJESHWARI 7. SHARATH KUMARI AGED ABOUT 46 YEARS, D/O LATE VASANTHI, R/O ANANYA NEAR KAVOOR CIRCLE, MANGALURU - 575 015. 8. SHUBHALAXMI AGED ABOUT 42 YEARS, D/O LATE VASANTHI, R/O MARKET ROAD, BAGINI SAMAJA, MANOJ ENTERPRISES MANGALURU - 575 004. 9. SMT. SUGUNA BAI AGED ABOUT 74 YEARS, W/O LATE RADHAKRISHNA 10. SMT. HEMALATHA AGED ABOUT 47 YEARS 11. SMT. SOUMYA AGED ABOUT 42 YEARS 12. SMT. SEEMA AGED ABOUT 40 YEARS - 4 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 RESPONDENTS NO.9 TO 12 ARE CHILDREN OF LATE RADHAKRISHNA AND THEY ARE RESIDING AT SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK - 574 197 D.K. DISTRICT. 13. K BALACHANDRA RAO AGED ABOUT 67 YEARS S/O K SHIVARAM, R/O NEAR OLD POLICE STATION MAIN ROAD, MOODABIDRI - 574 197 14. SRI DINESH S/O K SHIVARAM SINCE DEAD BY HIS LEGAL HEIRS SMT. VISHWALATHA AGED ABOUT 61 YEARS W/O LATE DINESH, 15. DEEPTHI AGED ABOUT 34 YEARS D/O LATE DINESH 16. DEEKSHA AGED ABOUT 28 YEARS D/O LATE DINESH RESPONDENTS NO.14 TO 16 ARE WIFE AND CHILDREN OF LATE DINESH AND RESIDENTS OF SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, - 5 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 MANGALURU TALUK, D.K. DISTRICT - 574 197 17. SRI ANANDA KUMAR AGED ABOUT 52 YEARS S/O DAMODHARA SHERVEGARA R/O KANCHIGAR BETTU NEAR KOTEBAGILU MARIGUDI MARPADY VILLAGE, MANGALURU TALUK D.K. - 574 144 …RESPONDENTS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR C/R17) THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 01.03.2025 PASSED IN RA NO. 94/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI.D.K, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.02.2019 PASSED IN OS NO. 143/2012 ON THE FILE OF THE CIVIL JUDGE AND JMFC, MOODBIDRI. IN RSA NO. 1271/2025 BETWEEN: SRI NANDA KUMAR AGED ABOUT 46 YEARS, S/O LATE SMT. SUGANDHI AND SRI. B. SHIVA RAO R/AT HUDCO COLONY, MIG-4, VENOOR ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK, D.K. DISTRICT - 574 197 ...APPELLANT (BY SRI. Y RAJENDRA PRASAD SHETTY, ADVOCATE) - 6 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 AND: 1. SMT. SAROJINI AGED ABOUT 83 YEARS W/O LATE M SUBRAYA R/O HEMAKOTTA, D-282 WEST OF CHORD ROAD, 3RD STAGE, MAHALAXMI PURAM BENGALURU - 560 086 2. SMT. VASANTHI D/O LATE PARAMESHWARA SHERVEGARA, W/O LATE B SHRINIVAS, SINCE DECEASED BY HER LEGAL HEIRS SRI JEEVAN, AGED ABOUT 54 YEARS, S/O LATE VASANTHI, R/O SHRINIVASA, AREKERE BAILU NEAR GUJJARAKERE, JEPPU MANGALURU, D.K. - 575 003 3. SHARATH KUMARI AGED ABOUT 46 YEARS, D/O LATE VASANTHI, R/O ANANYA, MASJID ROAD NEAR KAVOOR CIRCLE, MANGALURU - 575 015. 4. SMT. SHUBHALAXMI AGED ABOUT 42 YEARS, D/O LATE VASANTHI, R/O MARKET ROAD, BAGINI SAMAJA, MANOJ ENTERPRISES MANGALURU - 575 004. - 7 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 5. SMT. RAJESHWARI AGED ABOUT 45 YEARS DAUGHTER IN LAW OF LATE VASANTHI W/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004. 6. AMOGHA AGED ABOUT 19 YEARS, GRAND SON OF LATE VASANTHI, S/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004 7. APOORVA AGED ABOUT 16 YEARS, GRAND DAUGHTER OF LATE VASANTHI D/O LATE SHIVANANDA R/O ROYAL ZOHAR, ANEGUNDHI BEJAL, MANGALURU - 575 004, REPRESENTED BY HER NATURAL MOTHER SMT. RAJESHWARI. 8. SMT. CHITHRA AGED ABOUT 51 YEARS W/O LATE MOHANDAS, DAUGHTER IN LAW OF LATE VASANTHI, R/O SHRINIVASA, AREKERE BAILU NEAR GUJJARAKERE, JEPPU, MANGALURU, D.K. - 575 003. 9. SMT. SUGUNA BAI AGED ABOUT 74 YEARS, W/O LATE RADHAKRISHNA - 8 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 10. SMT. HEMALATHA AGED ABOUT 47 YEARS 11. SMT. SOUMYA AGED ABOUT 42 YEARS 12. SMT. SEEMA AGED ABOUT 40 YEARS RESPONDENTS NO.9 TO 12 ARE CHILDREN OF LATE RADHAKRISHNA AND THEY ARE ALL RESIDING AT SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK - 574 197 D.K.DISTRICT. 13. K BALACHANDRA RAO AGED ABOUT 67 YEARS S/O K SHIVARAM, R/O NEAR OLD POLICE STATION MAIN ROAD, MOODABIDRI - 574 197 14. SRI DINESH S/O K SHIVARAM SINCE DEAD BY HIS LEGAL HEIRS SMT. VISHWALATHA AGED ABOUT 61 YEARS W/O LATE DINESH, RESIDENTS OF SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK, D.K.DISTRICT - 574197 15. DEEPTHI AGED ABOUT 34 YEARS D/O LATE DINESH - 9 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 16. DEEKSHA AGED ABOUT 28 YEARS D/O LATE DINESH RESPONDENTS NO.14 TO 16 ARE RESIDENTS OF SHIVARAM COMPOUND BANTWALA ROAD, PRANTHYA VILLAGE, KODANGALLU POST, MANGALURU TALUK, D.K. DISTRICT - 574 197 17. SRI ANANDA KUMAR AGED ABOUT 52 YEARS S/O DAMODHARA SHERVEGARA R/O KANCHIGAR BETTU NEAR KOTEBAGILU MARIGUDI MARPADY VILLAGE, MANGALURU TALUK D.K. - 574 227 ...RESPONDENTS (BY SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR C/R9) THIS RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 1.03.2025 PASSED IN RA NO.96/2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, MOODABIDRI., D.K., ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.02.2019 PASSED IN OS NO.143/2012 ON THE FILE OF CIVIL JUDGE AND JMFC, MOODBIDRI. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 10 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. After hearing for some time, a memo is filed by both the advocates. Memo reads as under : JOINT MEMO IN RSA NO.1263/2025 The respondent No.17 submits as under: The respondent No.17 was the appellant in R.A.No.94/2023 before the Senior Civil Judge and JMFC, Moodabidri, D.K., By inadvertence, he had not brought the LR's of Mr. Dinesh i.e., respondent No.10 in R.A.No.94/2023 on record. Therefore, this Hon'ble Court may remand this appeal No.1263/2025, to the First Appellate Court permitting to bring the LR's of respondent No.10 on record. The judgment under appeal may therefore be setaside in the interest of justice and equity. JOINT MEMO IN RSA NO.1271/2025 The undersigned submit that the first respondent in the appeal and appellant in R.A.No.96/2023 before the Hon'ble Senior Civil Judge and JMFC Court, Moodabidri, the first respondent not made LRs of 10th respondent Sri. Dinesh in the appeal by mistake, wherein prays that this Hon'ble Court pleased to set-aside judgment and decree passed in R.A.No.96/2023 c/w R.A.No.94/2023 dated - 11 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 01.03.2025 passed by the Hon'ble Court Senior Civil Judge and JMFC, Moodabidri in the interest of justice. 2. It is noticed that 10th respondent before the First Appellate Court said to have died during the pendency of the appeal and without bringing to the notice of the First Appellate Court, appeal stood disposed off. 3. In other words, a decree came to be passed before the First Appellate Court against the dead person, which is nullity. 4. As such, the application now filed before this Court to bring the legal representatives of the 10th respondent before the Trial Court who is 11th respondent before this Court cannot be allowed. 5. However, since the decree is a nullity, placing the memo on record, the impugned judgment passed by the First Appellate Court needs to be set-aside. - 12 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 6. Accordingly, following Order: ORDER (i) Regular Second Appeals are allowed and impugned judgment is set-aside. Matter remitted to First Appellate Court. (ii) Appellant before the First Appellate Court is at liberty to bring the legal representatives of deceased respondent No.10 (before this Court respondent No.11 Sri. Dinesh) and proceed with the appeal afresh in accordance with law. (iii) Parties shall appear before the First Appellate Court without further notice on 20.07.2026. In view of disposal of the main appeals, pending IAs are consigned to records. - 13 - HC-KAR NC: 2026:KHC:32426 RSA No. 1263 of 2025 C/W RSA No. 1271 of 2025 Parties are at liberty to make necessary applications before the First Appellate Court in accordance with law. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 38